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MINISTRY OF EDUCATION AND TRAINING

MINISTRY OF JUSTICE

HA NOI LAW UNIVERSITY

NGUYEN THI HUONG

INSTITUTION AND ACCEPTANCE OF CIVIL LAWSUIT THEORETICAL AND PRACTICAL ISSUES
Major : Civil and Civil Procedure Law
Code : 9 38 01 03

Summary of Doctoral thesis on law

ha noi - 2019


The work has been completed at Ha Noi Law University

Scientific Instructors: Assoc. Dr. Bui Thi Huyen
Dr. Le Thi Ha

Reviewer 1: Assoc. Dr. Nguyen Minh Hang

Reviewer 2: Dr. Hoang Ngoc Thinh

Reviewer 3: Dr. Nguyen Hai An

The Thesis was defended at the Doctoral Thesis Evaluation Council at
University level, meeting at Ha Noi Law University
At

, on date:

, month: , 2019.

The Thesis can be found at National Library of Vietnam
and Library of Ha Noi Law University


INTRODUCTORY
In the development of society, when the State and the law are
established, the protection of citizens' legitimate rights and interests is
recognized by law and ensured by the authorized organizations. The right to
sue by an organization or individual, therefore, has been stipulated by law
and any subjects have the right to request the Court protect the rights and
interests by suing if they assume that their legal rights and interests have
been violated. The civil lawsuit is recognized by the law as the first legal
proceeding to protect the civil rights of the subjects with legal rights or
interests being violated and their lawful representatives; it is also a legal
basis for generating legal relations of civil procedure. When the lawsuit
petition of the subjects meets all conditions prescribed by law, the Court is
responsible to accept the case.
In Vietnam, the issue of suing and accepting civil cases is stipulated in
legal documents quite early and has increasingly been improved. The Civil
Procedure Code (CPC) in 2004 is a legal document that fully and
systematically regulates the issues of civil procedures in general and the
regulation of initiating and accepting civil cases in particular. CPC has added
shortcomings, overcome the inadequacies and irrationalities of initiating
lawsuits and accepting civil cases in the Ordinance on procedures for settling
civil cases, the Ordinance on Procedures for Settlement Economic case,

Ordinance on procedures for settling labor disputes. At the same time, the
provisions on initiating and accepting civil cases in the CPC have
institutionalized the views and guidelines on judicial reform recorded in
Party documents such as the National Congress Congress Resolution. Ninth
Party, Resolution 08-NQ / TW of January 2, 2002 of the Politburo on some
key tasks of judicial work in the coming time... However, after 5 years of
implementing the CPC, the regulations on initiating and accepting civil cases
still reveal limitations and shortcomings. The 12th National Assembly issued
Law No. 65/2011 / QH12. March 29, 2011, amending and supplementing a
number of articles of the CPC in 2004, including amendments and
supplements to the regulations on initiating and accepting civil cases
(hereinafter referred to as CPC 2011). Some provisions of acceptance civil
cases in CPC 2011 do not meet the requirements of practice as well as

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guarantee human rights and civil rights. Practicing proceedings at the Court
witnesses many civil cases being handled for a long time, the parties in the
case had to spend a lot of time, effort and money to follow the lawsuit but
then receive a decision to suspend the settlement of the case and return the
petition. There are even cases that have passed many levels of trial as Fristinstance trials, Appellate trials and Cassation procedure but then the Court
ruled to suspend the settlement of the case and return the petition because the
grounds for accepting the case were incorrect.
Recognizing the limitations and shortcomings in CPC provisions, on
November 25, 2015, the Parliament of the Socialist Republic of Vietnam
adopted the CPC in 2015, enter into force from July 1, 2016. However, CPC
2015 only solved part of the problems in practice to apply the regulations on
initiating and accepting civil cases and there are also regulations that are not
suitable with the reasoning, failing to meet the requirements of practical,

there are unclear and transparent regulations leading to many ways to
understand and apply inconsistently. Practically, the law on lawsuits and the
handling of civil cases still has many shortcomings and limitations. There is
a Court returning the petition in contravention of regulations, accepting the
case wrongly, slowly considering and accepting the petition, embarrassing in
considering the conditions for accepting civil cases. The role of the defenders
of legal rights and interests of the litigants is in fact limited and sometimes
not respected. Some Procurators have not really paid attention to the
inspection of activities to return the petition and accept the civil cases of the
Court. In this situation, the comprehensive and profound study of the
provisions of the 2015 CPC on institution and accepting civil cases to
identify the results, limitations and shortcomings of the law as well as
shortcomings, limitations and obstacles in practical implementation, thereby
making recommendations to further improve the legal provisions as well as
proposing solutions to ensure lawsuit initiation and acceptance of civil cases
is an urgent requirement in the current period. Moreover, the study of the
topic "Institution and Acceptance of civil lawsuit - Theoretical and
practical issues" also to protect the maximum human rights recorded in the
Constitution 2013, to meet one of the judicial reform tasks set out in the
Politburo Resolution No. 08-NQ/TW of January 2, 2002 on a number of key
tasks of judicial work in the coming time: "At trial, the courts must ensure

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that all citizens are equal before the law, truly democratic and fair. Judges,
jurors have to be independent and only obey the law... The judgment of the
Court must be based primarily on the results of the proceedings at the trial,
on the basis of full and comprehensive consideration of the evidence on the
opinion of the prosecutor... the plaintiff, the defendant and those with

legitimate rights and interests " and Resolution No. 49-NQ / TW dated June
2, 2005 on the Judicial reform strategy to 2020: "Continue to improve civil
procedure procedures...; ensure uniformity and democracy, publicity,
transparency, respect and protection of human rights ".
New contributions of the thesis
The thesis is a relatively comprehensive and systematic scientific research
project on initiating and accepting civil cases in civil proceedings. The outstanding
new contributions of the thesis are shown in the following contents:
Firstly, the thesis has clarified some very basic and important theoretical
issues about initiating and accepting civil cases in civil proceedings,
especially the concept of right to sue, sue, accepting civil cases; typical
characteristics of suing, accepting civil cases, the scientific basis of lawmaking and initiating civil cases, factors affecting the lawsuit initiation and
the civil case, the basic contents of the civil procedure law on initiating
lawsuits and accepting civil cases. Clarifying these theoretical issues will be
the ground for approaching the provisions of the current civil procedure
legislation on initiating lawsuits and accepting civil cases, which is the
orientation for proposing to improve the law on initiating lawsuits and
accepting civil cases.
Secondly, the thesis analyzes and evaluates comprehensively the current
status of Vietnamese civil procedural laws on initiating lawsuits and
accepting civil cases and practical implementation in recent years, pointing
out limitations and shortcomings in the provisions of the civil procedure
legislation, shortcomings and problems in the real process, present this
provision in practice of resolving civil cases in Court
Thirdly, the dissertation proposes to amend and supplement some
provisions of the CPC on initiating lawsuits and accepting cases to complete
Vietnam's civil procedure legislation on this issue, thereby contributing to
ensuring human rights, the right to access justice of the citizens, improve the
efficiency of initiating lawsuits and accept civil cases in practice, such as

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supplementing the provisions of the law on conditions to sue, conditions for
accepting civil cases and supplementing regulations on class actions,
supplementing the provisions on the right to present directly request to sue at
the Court; amending regulations on authority according to the type of Court
matter; amending regulations on limitation periods for making counterclaims, independent requests... These recommendations are made on the basis
of science and practice, in line with the Party's guidelines and guidelines on
judicial reform and building a socialist Vietnamese rule-of-law state as well
as meeting Vietnam's international economic integration requirements.
Fourthly, the thesis proposes a number of recommendations to ensure
the initiation of lawsuits and the acceptance of civil cases such as:
Supplementing annual reports and statistics on returning the lawsuits of
courts at all levels; publicity and transparency in procedural activities to
consider and accept lawsuits; promote the role of the Procuracy in receiving
and processing petitions; consolidate and build a team of lawyers; promote
propaganda and dissemination of legal education on lawsuit initiation and
acceptance of civil cases.
Kết cấu của luận án
Besides the introduction, an overview of the research on issues related
to the thesis topic, conclusions and references list, the content of the thesis
consists of 3 chapters:
Chapter 1: Theoretical issues on lawsuit initiation and acceptance of
civil cases.
Chapter 2: Current situation of civil procedure law on initiation,
acceptance of civil cases and implementation practices.
Chapter 3: Necessities, proposals on perfecting laws and solutions to
initiate lawsuits and accept civil cases.
OVERVIEW OF THE RELEVANT RESEARCHES AND

LITERATURES
Lawsuit initiation and acceptation of civil cases is one of the important
contents of the civil procedure legislation. Therefore, there are many
scientific researches about this issue, such as: Thesis, dissertations, books,
articles, magazines... Through research on scientific works related to the

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thesis topic, it can be seen that these works refer to different aspects or basic
issues of lawsuit initiation and accepting civil cases but no work has
mentioned comprehensively from the theoretical issues to the actual situation
of law and practice to initiate lawsuits and accept civil cases, especially in
the context of the 2013 Constitution recognized and prescribes principles to
ensure the exercise of citizens' basic civil rights; clearly defining the
functions and tasks of protecting the justice and human rights of the People's
Court (People's Court). Concretizing the 2013 Constitution, the CPC 2015
passed by the XIII Parliament at the 10th session on November 25, 2015 has
a lot of new contents to initiate and accept civil cases towards promoting
human rights and rights citizens, the right to access justice and enhance the
role and responsibilities of the Court in the judicial system; A number of
provisions in the Civil Code (2005) relating to the issue of lawsuits and
handling of cases have also been revised and supplemented in the Civil Code
2015, so it is necessary to continue researching comprehensively. Therefore, the
study of the thesis will ensure newness compared to previous research projects.
Chapter 1
THEORETICAL ISSUES ON LAWSUIT INITIATION AND
ACCEPTANCE OF CIVIL CASES
1.1. Concept, characteristics and meaning of Initiation of lawsuit
1.1.1. Concept of initiation of civil case

In the process of people exchanging benefits with each other, the
occurrence of disputes, conflict can be seen as a rule of life. When a civil
dispute arises, the parties have the right to protect their rights and interests in
accordance with the provisions of law, in which lawsuits are filed against a
competent court for settlement. Dispute is an effective method. The initiation
of a civil lawsuit is the exercise of the right to initiate a civil lawsuit that the
law provides for subjects when civil rights and interests are violated or
disputed. Therefore, before studying the concept of suing civil cases, it is
necessary to clarify the concept of the right to sue civil cases.
Through the study of the laws of the countries and the views of the
scientists, the PhD student introduced the concept of the right to sue civil
cases as follows: The right to sue a civil case is a legal right recognized in

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laws, whereby individuals, organizations and other entities within their
jurisdiction have the right to decide on their own to request the Court to have
the right to protect their legitimate rights and interests, and the interests of
people other or public interests or interests of the State when it is said that
such legitimate rights and interests are violated or disputed.
In legal science, suing civil cases can be understood under different
perspectives, but as the scope of the research topic, in this thesis, PhD
student studies the lawsuit of civil cases. under two angles: suing is an
overall law of civil procedure law on initiating a civil lawsuit and a legal
action is a procedural activity.
Firstly, under the perspective of the provisions of the law on civil
proceedings, initiating lawsuits in Vietnamese civil proceedings is the overall
legal regulations governing relations arising in the process of the subject
implementing the initiation a civil case at a court to request the protection of

legitimate rights and interests that are infringed or in dispute.
Secondly, under the perspective of a procedural activity, initiating a civil
case is an act that an individual or an organization with full civil rights and
legal status or other subjects in accordance with the law request the Court to
resolve civil disputes according to civil proceedings in order to protect their
legitimate rights and interests, other people's interests or the interests of the
State and public interests.
According to the above research results, the nature of the initiating a
lawsuit is the request of litigants for the Court to protect their rights when
they are disputed or violated. From this perspective, the concept of suing
civil cases should be understood in both narrow and broad sense.
- In the narrow sense, initiating a lawsuit is the plaintiff's request for the
Court to protect the rights when there are disputes and violations.
- In a broad sense, initiating a lawsuit includes both the plaintiff
initiating a lawsuit asking the Court to protect legitimate rights and interests
and the defendant making a counterclaim, requesting independence and
relevant persons with rights and obligations requests independently.
Thus, it can be seen that the concept of "initiation of civil lawsuit "
refers to the concept of filing a civil lawsuit in a broad sense, including
suing, counterclaims and independent claims.

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1.1.2. Characteristics of suing civil cases
Initiating a civil lawsuit has some following basic characteristics:
- Initiating a civil lawsuit is a request for a Court to protect legitimate
rights and interests that are infringed upon or have a dispute.
- Initiating a civil lawsuit is that individuals and organizations have
legitimate rights and interests or other subjects according to the law to

exercise their self-determination rights, in which the parties are free to decide
in protecting your rights.
- Initiating a civil lawsuit is an activity granted by the subjects with the
right or by the law to comply with the provisions of the content law and
procedural law in order to protect their own private interests, other or
interests of the State, public interests.
- In the Vietnamese civil procedural law, the suing of a civil case may
only be requested by the Court to resolve disputes under its jurisdiction
according to the type of Court action.
1.1.3. The meaning of initiating civil cases
Initiating a civil case plays an important political, economic and social
significance. First of all, suing is a method of timely protection of civil rights
and interests on the basis of the right of self-determination of subjects,
meeting the requirements of building the socialist rule-of-law state of the
people. Initiating a civil case is the realization of the realization of human
rights and civil rights in civil proceedings contributing to ensuring social
justice and strengthening people's belief in trial activities of the Court in the
task of protecting justice, protecting human rights, civil rights, protecting the
socialist regime, protecting the interests of the State, the legitimate rights and
interests of organizations and individuals, and implementing democracy in
civil proceedings. On the other hand, initiating a civil lawsuit contributes to
raising the sense of respect for the law, respecting the legal civil rights of the
people, creating conditions for strengthening social security and the
legislation of Socialist. In addition, the recognition of the provisions on
litigation of civil cases also contributes to ensuring fairness and equality for
the involved parties when participating in civil law relations. In addition,
through initiating a civil lawsuit, the law also demonstrates the education,
prevention and prevention of acts of infringing upon the rights and legitimate
interests of citizens. Regulations on initiating lawsuits and the right to sue

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civil cases contribute to protecting legitimate interests in civil law relations
and promoting socio-economic development.
In legal aspect, suing civil cases is a legal basis for the parties to have
adequate means to protect their legitimate rights and interests. Initiating a civil
lawsuit is also an important first step for the Court to conduct other proceedings
to protect the legal rights and interests of the litigants, which is the basis for the
Court to enforce public protection rights, protect the stability of social relations.
1.2. Concept, characteristics, meaning of the accepting civil cases
1.2.1. Concept of accepting civil cases
The legal rights and interests of subjects are human rights issues that are
of great concern to countries in the world and recorded in the laws of each
country. However, if the law only recognizes the rights and interests of the
subjects is incomplete, the most important and fundamental thing is to
establish a mechanism to implement and protect them in case of
infringement. One of those mechanisms is the Court's responsibility to
receive and resolve the litigant's petition, or acceptance of civil cases.
(i) From the perspective of the regulations on civil procedure law,
acceptance of civil proceedings in Vietnam is the overall legal regulations
governing relations arising in the process of receiving and considering the
Court and handle the petition and enter the civil case handbook to resolve.
(ii) From the perspective of being a Court activity, the handling of a
civil case is the way in which the Court has the authority to conduct activities
of receiving, considering and handling the petition and accepting
responsibility for settlement. civil cases to protect the legitimate rights and
interests of individuals, organizations and public interests and State interests.
1.2.2. Characteristics of accepting civil cases
Civil case handling has basic characteristics such as:

- Accepting civil cases is the guarantee of citizens' access to justice.
- Civil case handling is the first activity of the civil procedure to confirm
the Court's responsibility to resolve civil cases.
- Civil case handling is an activity carried out by a competent court.
- The basis for receiving a civil case is based on the claim of the subject
with the right to sue.
- Civil case handling is a multi-step proceeding that results in a Court
taking responsibility for resolving a civil case.

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1.2.3. Meaning of acceptance in civil proceedings
Acceptance in civil proceedings plays an political, economic, social and
legal significance.
Acceptance in civil proceedings contributes to meeting the requirements
of the rule of law. Good handling of civil proceedings will contribute to
ensuring social justice, strengthening people's confidence in trial activities of
the Court, ensuring the reputation of judicial agencies in general and Court in
particular. Acceptance in civil proceedings is the basis for the subsequent
proceedings, is the starting point, the beginning of the civil proceeding
process. Thus, if right from the first stage without doing right, it will
inevitably lead to the resolution of a civil case that is inaccurate and
ineffective. Accepting a civil case gives rise to procedural rights and
obligations of entities involved in the legal procedure of civil proceedings.
Accepting a civil case is the basis for the Court to calculate the time limit for
resolving a civil case.
1.3. The scientific basis of the construction of legal provisions on
lawsuits and the handling of civil cases
The formulation of legal provisions on initiation and acceptance of civil

cases is based on the following grounds:
Firstly, the formulation of regulations on initiating and accepting civil
cases is based on the principle of protecting the legitimate rights and interests
of subjects when disputes occur or violations.
Secondly, the development of regulations for initiating and accepting
civil cases must be based on human rights in civil proceedings.
Thirdly, the development of regulations for initiating and accepting civil
cases must be based on the principle of the parties' self-determination and
determination.
Fourthly, the formulation of regulations on initiating lawsuits and
accepting civil cases must be based on ensuring that the Court will process
the petition with jurisdiction to resolve the case in the most effective way.
Fifthly, the construction of regulations on initiating and accepting civil
cases must be based on the one hand to ensure the responsibility of the
petitioner on the other hand, on the other hand does not limit the right to sue
the petitioner because financial reasons.

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1.4. Factors affecting the implementation of lawsuits and the
handling of civil cases
Firstly, the consistency and conformity of the legal provisions on
lawsuits and the handling of civil cases.
Secondly, capacity, sense of responsibility and moral qualities Judges,
Court officials.
Thirdly, the mechanism of supervising the return of petitions and the
handling of civil cases by the People's Procuracy at the same level.
Fourthly, activities to support litigants to sue civil cases at the Court of
lawyers' organizations, State legal aid.

Fifthly, the operational efficiency of relevant agencies and organizations.
Sixthly, the level of legal knowledge and the sense of compliance with
the law on litigation and acceptance of the litigants of the litigants.
1.5. Contents of legal provisions on initiation and acceptance of civil cases
1.5.1. Contents of legal provisions on conditions for initiating lawsuits
and accepting civil cases
1.5.1.1. Content of legal provisions on conditions to initiate civil cases
In general, there are very few laws of the countries specified in a
specific law on the conditions for initiating and accepting civil cases, which
these conditions are considered and implemented through different
regulations about initiating lawsuits and accepting civil cases. However,
through the legal research of the countries, it is basically the conditions for
suing civil cases, including the specific conditions: (i) the petitioner must
have legal status and capacity. subjects, subjects including individuals and
organizations; (ii) the lawsuit must not be resolved by a legally enforceable
judgment or decision of the Court or a competent state agency; (iii) the
initiation of a lawsuit must be in accordance with the jurisdiction of the civil
matter of the Court. Thus, the conditions for initiating a civil case are a
condition set by the civil procedure law so that individuals and organizations
can initiate a lawsuit to request the Court to protect their legitimate rights and
interests or to protecting other people's legitimate rights and interests,
interests of the State, infringing public interests or disputes.
1.5.1.2. Contents of legal provisions on conditions for accepting civil cases
Not in all cases, when the subject initiates a lawsuit meets the conditions
for initiating a lawsuit, the Court will accept the civil case. Through research,

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it is shown that many of the procedural law of countries do not have specific

provisions on conditions for accepting civil cases. However, through the
provisions on competence and court fees, the Court only accepted the civil
case when the lawsuit filed met the conditions for suing, the petition form,
and the lawsuit was also must comply with the authority at the level, territory
and the petitioner must pay the advance fee. Conditions for accepting a civil
case are the conditions stipulated by the Procedural Law for the Court to
issue a decision to accept the case to consider and resolve a civil lawsuit
petition of an individual or organization.
1.5.2. The content of legal provisions on the scope of initiating civil cases
The scope for suing civil cases is interpreted as limiting the issues raised
in a civil case. Usually, in the case of a person suing a person on a dispute
law relationship, there will not be a question of considering the scope of the
lawsuit. However, for a person who sues a person about many different legal
relations or many people sue one or more people about different legal
relations, if these requirements are related.
1.5.3. The content of legal provisions on content, form of petition and
method of filing petition for civil lawsuit
Through research in many countries, it is shown that there are countries
that regulate the form of petition but there is also no regulation. Depending
on the laws of each country, there are forms and methods to initiate a lawsuit
such as: filing a lawsuit petition in court, sending a lawsuit petition by post,
the petitioner also presents directly to the Court. sue, through sending service
papers to the court, electronic means.
The contents of the petition, there are specific countries that do not specify
but some countries require the petition must contain the following contents: Full
name, residence address and address of service documents for the plaintiff; the
name of the defendant's address; full name and address of the person with
related rights and obligations (if any) of the content of the dispute; Specific
claim of the plaintiff. If the plaintiff has a lawyer, it must specify the name of
the lawyer, the name and address of the law firm to which the lawyer works.

The petition must clearly state the evidence that the plaintiff is used as a
basis for taking action. The following documents must be attached to the
petition: (i) written authorization to the lawyer; (ii) written evidence.

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1.5.4. Contents of legal provisions on procedures for accepting civil
cases (checking conditions for initiating lawsuits)
The laws of the countries in the world regulating the procedures for
accepting civil cases are different. But in general, after the Court receives the
petition, it must check and consider the contents of the petition, if it finds
that there is a lack of necessary information, the applicant must amend the
application within a time limit. certain. If the request has been made but the
applicant still does not amend or supplement, the Court will return the
petition. In addition, in the process of considering and processing a petition,
if the petition in one of the bases returns the petition filed by law, the Court
will issue a notice to return the petition; If the petition finds that the petition
does not fall under the jurisdiction of the Court but falls under the
jurisdiction of another Court, the Court receiving the petition will issue a
notice to transfer the petition to the competent Court for settlement.
1.5.5. The content of legal provisions on complaints, petitions and
settlement of complaints and petitions regarding the return of petitions
In order to contribute to preventing the abuse of the Court's power,
promote democracy in the Court's activities, on the other hand promote the
supervision of citizens and People's Procuracy at the same level in the
activities on behalf of State of the Court, one of the methods to protect
fairness, equality of rights and interests of the parties and the laws of the
countries stipulating the right to complain and procedures for complaint and
complaint settlement. of the litigant and the petition, if any, of the Procuracy

for the return of the petition of the Court. However, some countries (Japan)
allow the litigants to appeal against the refusal to accept the Court's case.
1.5.6. The contents of legal provisions on procedures for entering the
acceptance book and notifying the acceptance of civil cases
When the litigant's petitioner satisfies all conditions for acceptance, does
not belong to one of the cases of returning the petition, the petition must be
responsible for accepting the civil case to resolve according to the order and
civil procedure. Depending on the laws of each country, the acceptance may
be made by entering the register or the Judge must issue a decision to accept
the civil case. On the basis of the decision to accept the civil case, the Chief
Justice of the people's court will issue a decision to assign the Judge to settle
the case and notify the case.

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Chapter 2
CURRENT SITUATION OF CIVIL PROCEDURE LAW ON
INITIATION, ACCEPTANCE OF CIVIL CASES AND
IMPLEMENTION PRATICES
2.1. Current status of Vietnamese civil procedure law on initiation
of civil cases
2.1.1. Actual situation of law on conditions to initiating civil cases
- The provisions of the CPC 2015 on the subject to sue civil cases also
reveal the basic limitations such as: There are no specific regulations for the
petition of the family; regulations on lawsuits of trade unions for social
insurance debts are unclear and limited and inadequate; regulations on the
initiation of civil lawsuits by agencies and organizations to protect public
interests and State interests are not really effective in practice; prescribing
that the defendant's counterclaim is unclear and there is inconsistency

between laws; prescribing the defendant's time limit for making counterclaims, the independent requirement of persons with related rights and
obligations still entangles and is inadequate and has not really guaranteed the
rights of the involved parties.
- The provisions of the 2015 CPC on competence according to the type
of Court matter are relatively adequate and strict, but because these
regulations are listed, some civil disputes may be omitted. as a dispute to
protect consumers' rights. To complement the regulation of the type of work
listed, CPC has added a rule "The Court must not refuse to resolve a civil
case for reasons of not having the law to apply." However, due to the lack of
specific guidelines, practical application is difficult.
- Regarding conditions of the unresolved incident by judgments and
decisions with legal effect. However, the Supreme Court's guidelines on
lawsuits against inherited property disputes are required to initiate a lawsuit
because the time limit to take action has not yet been appropriately. This
made difficult for the lower courts.
Through analysis and assessment of the legal status of conditions for
initiating lawsuits, the PhD student found that the current Vietnamese civil
procedural law does not have a specific law regulating what is the conditions
for initiating lawsuits. The ambiguity of the conditions for initiating a lawsuit

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makes it difficult for the lawsuit subject to request the Court to resolve
disputes as well as inconsistency in practice applied at the Courts.
2.1.2. Actual situation of law on the scope of suing civil cases
Compared to the provisions on the scope of lawsuits in CPC 2011, the
provisions on the scope of lawsuits in CPC 2015 are basically preserved.
However, through research shows, there are still some problems such as: there is
no specific regulation on "resolving beyond the scope of lawsuits" and

"resolving incompletely the case"; obstacles in determining how many
relevant legal relations need to be resolved in the marriage and family dispute.
2.1.3. The legal status of forms and contents of petitions and methods
to initiate civil cases
- Regarding the form and content of the petition and document of evidence
attached to the petition. Through the study, it is shown that the provisions of the
civil procedure law on petitions and evidence documents are accompanied by a
relatively specific and detailed petition, facilitating the petitioner to approach the
Court. In a simple and convenient way, there are many similarities with the
lawsuit petition in some CPC. However, through research, the researcher has
found some problems, shortcomings and inconsistencies as follows:
Firstly, there are inconsistencies and inadequacies in the regulation that
the petitioner must directly sign the petition as stipulated in Point a, Clause 1,
Article 189 of the CPC 2015. This provision is in conflict with the lawsuit
petitioner. Direct signing on the end of the application is not consistent with
the law of the representative and makes it difficult for the litigants to
authorize others to conduct all their procedural actions.
Secondly, when initiating a lawsuit, the petitioner may submit existing
documents and evidence according to Item 5 of Article 189 of the CPC in
2015. However, there are no specific instructions on what is "available"
evidence and documents. This leads to different understandings.
Thirdly, the current civil procedure legislation has not yet recorded the
plaintiff's direct appeal to the Court, presenting the content of the lawsuit is
not ensuring the maximum right to initiate lawsuits of citizens and is not
compatible with world law.
- The method of filing a petition to the Court
Article 190 of the CPC 2015 adds the method of online filing of
electronic claims via the electronic portal of the Court (if any). This is a new

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regulation in line with the trend of strengthening the application of
information technology in civil proceedings in the world. However, the
practical application is still conservative because the level of people and
facilities of the Court is limited. In addition, the regulation on filing petition
is lacking in connection with the regulations on the obligation to send a copy
of the petition and documents and evidence attached to the petition to the
other litigants defined in Clause 9, Article 70 of this Code.
2.2. Current status of Vietnamese civil procedure legislation on the
acceptance of civil cases
2.2.1. Current status of Vietnamese civil procedure legislation on
conditions for acceptance of civil cases
The Vietnam Civil Procedure Law does not have specific provisions on
conditions for accepting civil cases, so the status of legal provisions on the
acceptance of civil cases will be analyzed and explained on bases of bases
return the petition filed in Article 192 of the CPC. In addition, in order to
meeting the conditions for suing civil cases, conditions for the form of
petitions, the acceptance of civil cases must also meet the following conditions:
- Regarding the jurisdictional conditions at the level and according to
the territory of the Court: In addition to the specific and relatively reasonable
provisions, the level and territorial authority provisions of the Court still
have some limitations and shortcomings such as: stipulating the jurisdiction
of the Court to decide the fish Particularly, agencies, organizations and
competent persons are not really compatible with the principle of
independent trial of the Court and overload in the handling and settlement of
civil cases of the provincial People's Courts. Regulations on territorial
jurisdiction of the Court have been unclear in determining the residence of
individuals and are not compatible with the provisions of the Civil Code
2015 and the Residence Law 2006 (amended and supplemented) 2013).

Besides, the determination of the jurisdiction of the Court for common road
disputes, disputes on opening aisles through adjacent real estate, water
drainage disputes... has not been specifically instructed to be unavailable.
uniform application between courts.
In addition, the determination of territorial jurisdiction of the Court
when resolving inheritance disputes is where the real estate or the place
where the inheritance is opened has not been clearly instructed.

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- Conditions for advance payment of court fees: Through the research,
the provisions on the payment of court fee advances in CPC 2015 are
relatively complete.
2.2.2. Current situation of Vietnamese civil procedure legislation on
procedures for acceptance of civil cases (receiving and handling petitions)
Procedures for accepting civil cases, which are regulated in the CPC 2015
are quite specific, but there are still some limitations and shortcomings as follows:
- Some grounds for returning unreasonable lawsuits such as grounds for
incomplete conditions to initiate lawsuits according to the provisions of law,
based on unresolved matters with effective judgments and decisions, the
grounds of the petitioner do not modify or supplement the petition
application at the request of the Judge and are not specifically instructed
causing difficulties for the practical application.
2.2.3. Actual status of Vietnam's civil procedural law on complaints
and petitions about returning the petition and resolving complaints and
petitions about returning the petition
Basically, the provisions of the CPC 2015 have ensured the right to
complain and petition about returning the petition and resolving complaints
and petitions about returning the petition, however, through the research

shows that there are still some limitations and shortcomings as follows:
First, in terms of supervise the compliance with the law of the People's
Procuracy of the same level for the return of the petition of the Court: If the
Procuracy only receives the notice to return the petition, the procurator
cannot analyze and assess whether the return of the petition of the Court is
accurate, legal grounds or not, so the inspection the return of the petition is
only formal, difficult to implement in practice.
Secondly, in terms of the meeting to resolve complaints and petitions:
The meeting to settle complaints and doubts is a new provision supplemented
in the CPC 2015, contributing to improving the role of judicial activity
monitoring and supervising the applications of the Procuracy close to the
same level for the Court; and at the same time, ensure the right to participate
in litigation activities at the petitioner's initiating stage as well as to ensure
the transparency of the settlement of complaints and petitions regarding the
return of lawsuits. However, the law does not stipulate the form of opening a
meeting which leads to many different interpretations.

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Third, in terms of the participants in the meeting to resolve complaints
and petitions: Article 194 CPC does not stipulate that the meeting must be
attended by the Court Clerk who is assigned by the Chief Judge to record the
proceedings of the meeting, leading to problems when applying.
2.2.4. Current situation of current Vietnamese civil procedure
legislation on procedures for entry of acceptance books and notices on
acceptance of civil cases
Firstly, about the procedure to register the case of the civil case
There is inconsistency between Article 191 and Article 195 of the Code
regarding the consideration of petitions and cases of cases, leading to

confusion of judges when considering and accepting civil cases. In addition,
Article 191 of the CPC 2015 does not specify that the Judge must issue a
decision to accept the matter or just record it in the case handbook. For the
procedure of recording in the acceptance book when accepting the
counterclaim request, independent requirement is also a problem still in
practice. Currently, there is no guidance of the Supreme Court on recalculating the date of acceptance of the case when accepting the
counterclaim request, requesting independence. In addition, the CPC 2015
has no specific provisions on the case handbook like each type of separate
case handbook for each type of dispute, the specific contents of the case
handbook are not yet consistent. well suited.
Secondly, on the notice of the civil case acceptance
- The content of the notice of acceptance of civil cases
According to Item 2 of Article 196 of the CPC in 2015, the Court only
announces the list of documents and evidence that the petitioner submits with
the petition, many litigants do not understand that they have the right to
record and copy documents. evidence. Therefore, the content of the notice of
accepting the case should supplement provisions to facilitate the defendant,
the person with related obligations to understand the right to copy the
petition and the documents and evidence submitted by the petitioner.
- The notice of acceptance for counterclaim request, independent request
The 2015 Civil Procedure Code does not specify the issue of notifying
additional cases and notifying the defendants' counter-claims, independent
requests of persons with related rights and obligations. should not guarantee
the litigation rights of the litigants.

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2.3. Practice of initiating lawsuits and accepting civil cases in Vietnam

2.3.1. Some results have been achieved in the practice of initiating
lawsuits and accepting civil cases in Vietnam
The Civil Procedure Code 2015 has many specific provisions on taking
legal action and accepting civil cases, on that basis, the courts have handled
and resolved civil cases in a fair way, visitors. lawful and legal. The Courts
have respected and created conditions for the litigants, their representatives
and guardians to exercise their procedural rights and obligations, ensuring
equal litigation in exercising their rights and obligations. chant. Agencies,
organizations and individuals have coordinated and supported the Court
quickly and on time. That helps to well implement the litigation of civil cases
of the litigants. If the litigant initiates a lawsuit meeting the conditions for
initiating a lawsuit and accepting a civil case according to regulations, the
Court will accept it to settle it. The number of civil cases handled by the Court at
all levels is annually increased, reflecting the trust of the people in the Court.
The People's Procuracy at all levels supervises activities of resolving civil
civil cases so that violations of the law are detected in the process of resolving
civil cases, contributing to ensuring human rights Citizenship in civil
proceedings. Lawyers are trained in a systematic way, actively participating
in protecting legitimate rights and interests for the litigants in civil cases.
2.3.2. The shortcomings and limitations in practice to initiate lawsuits
and accept civil cases in Vietnam and the causes
Firstly, restrictions on the application of law on lawsuits and the
handling of civil cases. Specifically, typical problems such as: The
determination of the subject of lawsuit against disputes involving
households, cooperative groups or other organizations without legal status;
the defendant's determination of counterclaim is unclear; The determination
of what is "resolving beyond the scope, requesting a lawsuit" and "resolving
the case is not thorough" requires the applicant to have a different judgment
in the court's judgments and decisions. judgment; The determination of the
scope of settlement in the case of marriage and family disputes still faces

difficulties; compulsory petitioner must sign an unreasonable petition; the
determination of territorial jurisdiction of the Court is not clear; the specific
and unclear guidance in the case of a lawsuit against the division of common
property due to the expiry of the statute of limitations for initiating a lawsuit

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on inheritance; the notification of acceptance of the defendant's
counterclaim, the independent request of the person with related rights and
obligations has not been specified.
Secondly, shortcomings and limitations arising from civil proceedings of
officials and Court judges such as: Status of the Court delaying the handling
of civil cases still take place, the Court's status does not complying with
regulations on procedures for receiving a petition; The Court is late to send a
notice of the civil case to the Procuracy of the same level, causing difficulties
for the control of the acceptance of civil cases, the Court violates the time
limit for resolving complaints of the litigants. return the petition.
Thirdly, the shortcomings and limitations of the parties such as: Many
cases due to the awareness and understanding of the law of the litigants about
the conditions for initiating and accepting civil cases are limited, leading to
the implementation of the litigants on their rights and obligations.
Fourthly, shortcomings and limitations from the activities of the legal
rights and protection guardians for the litigants, especially lawyers, legal aid
providers such as: The number of civil cases with participation of The person
who defends the legal rights and interests of the litigants right from the time
the litigant initiates the lawsuit is still low, sometimes, sometimes the role of
the lawyer, legal aid has not been properly respected. In addition, in many
localities, there is still a shortage of professional lawyers, foreign language
skills and information technology application skills are limited, some

lawyers are passive and rarely participate at the Court.
Fifthly, the lack of cooperation between individuals, agencies and
organizations keeping evidence, documents leads to difficulties for the
litigants when carrying out lawsuits.
Sixthly, the shortcomings and limitations of the Procuracy's function of
supervising initiating and accepting civil cases leads to the result of
violations in returning some cases.
2.3.3. Reasons of shortcomings and limitations in practical
implementation of lawsuits and acceptance of civil cases in Vietnam
The shortcomings and limitations in practice to initiate lawsuits and
accept civil cases in Vietnam, first of all due to the limitations and
shortcomings of the legal provisions. These are the limitations and
shortcomings, the lack of clarity and specificity of the regulations, not in line

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with the arguments about initiating lawsuits and accepting civil cases, leading to
obstacles and unanimity in practical implementation, the issuance of guiding
documents is still slow compared to the practical requirements. Besides, there are
causes such as: The number of types of civil cases that the courts have to handle
and continue to tend to increase with increasingly complex nature; the
organization of courts has not really been consolidated, the number of staff and
judges has not met the requirements compared with the structure, organization,
apparatus, tasks and competence of the courts; knowledge and sense of law
observance on lawsuit initiation and handling of civil cases of organizations
and individuals is not high; limited capacity of information technology
application in legal proceedings; the lack of responsibility and the
coordination spirit of other relevant agencies and organizations in providing
documents and evidence to the litigants to initiate lawsuits at courts.

Chapter 3
NECESSITIES, PROPOSALS ON PERFECTING LAWS AND
SOLUTIONS TO INITIATE AND ACCEPT CIVIL LAWSUITS
3.1. The necessity of completing and implementing laws on initiating
and accepting civil cases in Vietnam
The completion and implementation of the law on lawsuits and the
handling of civil cases in Vietnam need to meet the requirements: Ensuring
citizens' right to access justice and the State's responsibility to protect
children people and citizenship; promptly institutionalize the Party's
Resolution on the judicial reform strategy. Overcoming the shortcomings of
the current law on initiating lawsuits and accepting civil cases; overcome
limitations arising in the process of applying the provisions of law on
lawsuits and accepting civil cases.
3.2. Proposing to improve the law on initiating and accepting civil
cases in Vietnam
3.2.1. Proposals continue to improve the law on initiating lawsuits and
accepting civil cases
3.2.1.1. Proposing to continue perfecting the law on initiating civil cases
Firstly, it is necessary to amend Article 186, Article 187 of the CPC and
other relevant laws in the direction of removing the phrase "agency".

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Secondly, supplement regulations on authorized individuals to sue; Collective
lawsuit mechanism for disputes related to the environment, consumer rights.
Thirdly, supplement the provisions of the Procuracy's right to sue civil
cases to protect the interests of the State and the public interests.
Fourthly, amending and supplementing regulations related to the
defendant's right to make requests; the right to independent request of

persons with related rights and obligations to remedy inconsistencies
between relevant laws in the CPC. Amend the regulations on the time when
the defendant, the person with related rights and obligations, is requested to
make counter-claims and request independence.
Fifthly, supplementing regulations on direct rights to the Court to
present the petition.
Sixthly, additional provisions on the obligation to send copies of
petitions and attached documents and evidence; the time limit for sending
and the consequences of the failure to send a copy of the petition and the
documents and evidence to the defendant and other litigants.
3.2.1.2. Proposing to continue perfecting the law on the handling of civil cases
Firstly, supplement the provisions on conditions for accepting civil
cases in CPC.
Secondly, amend and supplement regulations on jurisdiction of the Court
Thirdly, amend some legal provisions related to the acceptance of civil cases
Fourthly, amending and supplementing provisions in the CPC 2015 on
the participants in the meeting to consider and settle complaints and petitions
about returning the petition
Fifthly, amending and supplementing regulations on the procedures for
accepting civil cases such as: Amending and supplementing regulations on
the form of accepting cases; Supplementing provisions on the content of
notice of accepting the case; Additional provisions on procedures for
notification of additional case handling, notification of acceptance of
counterclaim requests, independent requirements.
3.2.2. Proposing guidance on the implementation of law on lawsuit
initiation and acceptance of civil cases
3.2.2.1. Proposing and guiding the implementation of law on initiating lawsuits
First, instructions on taking action of family line

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Secondly, guidelines on criteria for identifying subjects with rights and
interests are violated
Third, guidance on lawsuit initiation of trade unions in accordance with
Item 2 of Article 187 of the CPC
Fourthly, instructing a number of cases to determine specific counterclaims such as the request of the defendant to share common property of
husband and wife in the case of marriage and family disputes, requesting
cancellation of fishing administrative decisions of the defendant in the case
of disputes over land use rights
Fifth, how specific instructions are "existing documents" as provided in
Item 5 of Article 190 of the CPC and the case where the petitioner does not
have the documents and evidence attached to the petition.
Sixth, instructions on how to "solve beyond the scope of lawsuits" and
"solve the case thoroughly"
3.2.2.2. Proposing guidance on the implementation of the law on the
accpentance of civil cases
Firstly, guidelines on territorial jurisdictional regulation of the Court.
Secondly, guidance on the authority to cancel the individual decision of the
district People's Committee and the chairman of the district People's Committee.
Thirdly, in terms of the way to open a meeting to resolve complaints and
petitions about returning the petition, the Judge must issue a decision to open
a meeting to resolve complaints and petitions about returning the petition and
send immediately to the People's Procuracy of the same level, the litigant has
a complaint. At the same time, guide the participants in the session including
the secretary to record the minutes of the meeting.
Fourthly, instructing some bases to return the petition in Article 192 of
the CPC, such as: Based on the fact that has been resolved by a legally
enforceable judgment or decision, the grounds for initiating the lawsuit are
not amended supplement the petition form at the request of the Court. At the

same time, specify other bases to determine the address of the defendant,
who has related rights and obligations at the time of initiating a lawsuit,
including bases. Besides, it is proposed that the Supreme Court should not
confirm the address in case the defendant, the person with related rights and
obligations is a foreigner or Vietnamese living in exile.

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3.3. Solutions to initiate lawsuits and accept civil cases
Firstly, set up an annual statistic reporting mechanism of the Court on
cases of returning the petition.
Secondly, publicity and transparency of legal proceedings to consider
and resolve litigation documents of the litigants and procedures for accepting
civil cases at the Court.
To promote the role of supervising the observance of law by the People's
Procuracy of the same level in receiving petitions and accepting civil cases.
Thirdly, continue to strengthen the staff, improve the capacity,
professional qualifications and responsibilities of the Judge.
Fourthly, strengthen inspection and examination to improve the spirit
and responsibility of judges and officials of the Court.
Fifthly, consolidate and develop a team of lawyers with sufficient
quantity, quality, ethics and professional qualifications.
Sixthly, promote propaganda, dissemination and educating on Civil proceedings.
CONCLUSIONS
1. The right to sue a civil case is one of the basic rights of a person and a
civil lawsuit is one of the most effective tools to protect the legitimate rights
and interests of infringement or dispute. When the subjects have the right or
the law grants the right to initiate lawsuits at the Court, the Court shall have
to consider and accept the civil case when they fully meet the conditions

prescribed by law. From the moment the civil case is accepted, it will give
rise to the rights and obligations of the litigants in the case as well as the
settlement of the Court to effectively protect the legitimate rights and
interests of the owners. in society. With such an important meaning and role,
not only the civil procedure law of Vietnam but also the civil procedure
legislation of many countries in the world has the right to sue, initiate lawsuit
and order and procedures. proceeding to accept civil cases.
2. From a systematic study of the argument of suing and accepting civil
cases, the thesis clarifies the theoretical issues of initiating lawsuits and
accepting civil cases as concepts and right to sue; concepts, characteristics,
meaning of suing and accepting civil cases; scientific basis of the formulation of
regulations on initiating and accepting civil cases; factors affecting the

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