Contract Dispute Lawsuit Filing Checklist: Vietnam Court Documents Guide

A complete filing dossier for a contract dispute lawsuit prepared before day one is the cheapest way to get your case accepted quickly — without your petition being returned or stalled for missing paperwork. This checklist covers 16 items to verify before filing with a Vietnamese court: standing to sue, the statement of claim, the evidence bundle, court fee advances, and limitation periods — each with its legal basis so you can cross-check.

This checklist is for companies (domestic and foreign) and individuals preparing to sue a counterparty for breach of contract in Vietnam: late payment, non-conforming delivery, unilateral termination, warranty breaches, or liquidation/final-account disputes. For the full procedure after filing, see our A-Z guide to commercial lawsuits in Vietnam — this article focuses on the dossier to prepare before the starting gun.

How to use: mark each item — ☐ not done · ☑ done · ⚠ needs counsel review. Do not file while any of items 1–12 remain ☐.

Contents

• 1. Who this checklist is for and how to use it
• 2. The 16-item checklist
• 3. Common mistakes when preparing a filing dossier yourself
• 4. After completing the checklist
• 5. Frequently asked questions

1. Who this checklist is for and how to use it

This checklist serves:

• Businesses (Vietnamese and foreign-invested) preparing to sue a counterparty for breach of contract: payment defaults, defective delivery, unilateral termination, warranty claims, settlement disputes.
• Individuals suing over civil contracts: sale, loan, lease, services.
• Authorized representatives preparing a filing on behalf of a company.

It covers the pre-filing stage and the immediate post-filing stage (petition processing, case acceptance). It does not replace strategic case assessment — for complex matters (multiple defendants, foreign elements, high value), have counsel review the dossier before filing.

2. The 16-item checklist

Item 1: Verify standing to sue and the claimant's capacity ☐

• Action: Identify who stands as claimant — the company (legal entity) or an individual — and who signs on whose behalf: the legal representative or an authorized attorney-in-fact.
• Why it matters: Article 186 of the 2015 Civil Procedure Code grants agencies, organizations and individuals the right to sue to protect their lawful rights and interests. A petition signed without proper authority is grounds for return (Article 192).
• How to do it: Check the enterprise registration certificate (legal representative); if delegating, prepare a power of attorney expressly covering "filing suit, submitting petitions, participating in proceedings, receiving service". An authorized representative may only act within the granted scope.
• Watch out: ⚠ A generic internal authorization ("representing the company before state authorities") is usually insufficient for litigation — the power of attorney must expressly cover filing suit and participating in civil proceedings.

Item 2: Review the dispute resolution clause in the contract ☐

• Action: Read the dispute resolution clause (and appendices) carefully: court or arbitration; any mandatory negotiation/mediation step first.
• Why it matters: Under Article 6 of the 2010 Commercial Arbitration Law, where the parties have an arbitration agreement, the court must refuse to accept the case — unless the arbitration agreement is void or incapable of being performed. This is the costliest mistake: filing, paying the fee advance, then being refused.
• How to do it: Search for "arbitration" / "trọng tài" and institution names (VIAC, SIAC, CIETAC…). A valid arbitration agreement means going to arbitration, not court. If the contract only says "resolved by the court" or says nothing — file with the court.
• Watch out: ⚠ A "half-baked" arbitration clause (e.g., "disputes shall be resolved by arbitration" without naming an institution) may in some cases be treated as incapable of being performed — have counsel assess before deciding where to file.

Item 3: Check the limitation period ☐

• Action: Fix the date the dispute arose (when the lawful rights and interests were infringed) and compute the remaining limitation time.
• Why it matters: Commercial contract disputes: 02 years from infringement (Article 319, 2005 Commercial Law). Civil contracts outside the Commercial Law's scope: 03 years (Article 429, 2015 Civil Code). If limitation has expired and the defendant requests its application, the case may be suspended (Articles 184 and 217(1)(e), Civil Procedure Code).
• How to do it: Take the breach date (e.g., the payment due date that passed unpaid) as the starting point. Deduct periods of force majeure or objective obstacles preventing the exercise of rights (Article 157, 2015 Civil Code). If limitation is about to expire — file first, supplement evidence later under Article 96.
• Watch out: The line between "commercial" and "civil" contracts is not always clear (e.g., a contract between a company and an individual for non-profit purposes). ⚠ When classification is doubtful, work to the shorter period (02 years) to be safe, and have counsel assess.

Item 4: Identify the competent court ☐

• Action: Determine the competent court by subject matter and by territory.
• Why it matters: Business and commercial disputes fall within court jurisdiction (Article 30, Civil Procedure Code). Since 01/7/2025, under Law 85/2025/QH15 amending the Civil Procedure Code, the regional People's Court (Economic Court) hears business and commercial disputes at first instance (new Articles 35 and 36). Filing with the wrong court means your petition is returned (Article 192(1)(đ)).
• How to do it: Territorially (Article 39): the court of the defendant's residence, workplace or head office. Parties may also agree in writing to choose the court of the claimant's residence or head office for business/commercial disputes. Enter the correct court name in the petition (see Item 5).
• Watch out: ⚠ For disputes with foreign elements, case-routing among regional courts after 01/7/2025 is still being clarified — confirm with counsel or the intended court before filing.

Item 5: Draft the statement of claim per Article 189 ☐

• Action: Draft the statement of claim with all mandatory contents under Article 189(1), Civil Procedure Code.
• Why it matters: A petition missing mandatory contents will trigger a judge's request for amendment/supplementation (Article 193), costing time; failure to amend in time means return (Article 192(1)(e)).
• How to do it: Use Form 23-DS issued with Resolution 01/2017/NQ-HDTP dated 13/01/2017 of the Council of Justices of the Supreme People's Court as the template. The petition must contain: (1) date of the petition; (2) name of the receiving court; (3) name, address, phone and email of the claimant; (4) name and address of the defendant; (5) name and address of related persons (if any); (6) the infringed lawful rights and interests; (7) the specific matters requested for court resolution — state each claim precisely: payment of how much, contractual penalty of how much, damages of how much, with the calculation method; (8) names and addresses of witnesses (if any); (9) the list of attached documents and evidence.
• Watch out: The "matters requested" section is the soul of the petition: claims must be specific, quantifiable in money, and grounded in the contract and the law. Vague requests ("request the court to resolve in accordance with law") will be sent back for clarification.

Item 6: Sign with proper authority; seal correctly ☐

• Action: Ensure the petition is signed by an authorized person and sealed (for organizations).
• Why it matters: Article 189(3): for an organizational claimant, the lawful representative signs, states full name and position, and affixes the organization's seal. An improperly signed petition is treated as incomplete.
• How to do it: The legal representative signs with title stated; affix the company seal. Under the 2020 Law on Enterprises (Article 43), an enterprise decides on the type, quantity, form and content of its seal — use the seal currently in circulation. Individual claimants sign (or fingerprint) themselves; lawful representatives sign for minors or persons lacking civil act capacity.
• Watch out: Verify the signatory is still in office on the signing date (cross-check against the latest enterprise registration and appointment decision). Representative changes mid-stream without updates are a common pitfall at FDI companies.

Item 7: Prepare the claimant's capacity documents ☐

• Action: Assemble the documents proving the claimant's legal capacity, to be filed with the petition.
• Why it matters: The court must verify the claimant's standing and the signatory's representative authority. Missing capacity documents trigger supplementation requests and delay petition processing.
• How to do it: Prepare: (1) a copy of the enterprise registration certificate (for companies) or citizen ID/passport (for individuals); (2) a copy of the legal representative's/signatory's ID; (3) the litigation power of attorney (if delegated); (4) the appointment decision of the legal representative (if recently changed). Copies should be certified under Decree 23/2015/ND-CP, or submit copies with originals for comparison.
• Watch out: For foreign-invested companies, documents issued by foreign authorities (parent company's incorporation certificate, a foreign representative's passport) may need consular legalization — see Item 9.

Item 8: Assemble the core evidence bundle with the petition ☐

• Action: Collect and organize all documents and evidence supporting the claims, and file them with the petition from the start.
• Why it matters: Evidence proves the parties' claims (Article 93). Articles 95 and 96 require parties to submit documents and evidence to the court; if a party fails to submit as requested without legitimate reason, the court will decide on the basis of what is available — meaning you can lose for lack of evidence, not lack of argument.
• How to do it: The "backbone" evidence bundle for a contract dispute typically includes: (1) the signed contract and all appendices; (2) handover minutes, acceptance minutes, site handover records (depending on contract type); (3) payment vouchers: bank transfer orders, bank statements, receipts; (4) emails, official letters and messages exchanged about performance/breach (keep full headers and timestamps); (5) minutes of meetings and breach-handling sessions; (6) liquidation/final-settlement minutes (if any); (7) demand letters and breach notices sent to the defendant. Arrange chronologically and number each item to match the list in the petition.
• Watch out: ⚠ Do not "hold back" key evidence for later — the law allows supplementation during proceedings (Article 96), but filing completely from the start helps the judge assess the case correctly when reviewing the petition, and avoids the risk of being seen as uncooperative.

Item 9: Handle foreign-element evidence: translation and consular legalization ☐

• Action: Process foreign-language documents and documents executed abroad before filing.
• Why it matters: Vietnamese is the language of proceedings; foreign-language documents need accompanying Vietnamese translations so the court and other parties can access them. Documents issued or executed by foreign authorities/organizations, when used in Vietnam, must in principle be consular-legalized under Decree 111/2011/ND-CP, except where exempted by an international treaty to which Vietnam is a party.
• How to do it: (1) Translate all foreign-language documents into Vietnamese; use translations with notarized/certified translator signatures at a notarial practice organization to strengthen evidentiary value. (2) For documents executed abroad (parent company's license, powers of attorney signed abroad…): complete consular legalization at the Vietnamese diplomatic mission in that country (or check whether a bilateral/multilateral treaty exemption applies).
• Watch out: ⚠ Courts vary in how strictly they treat translations and legalization, and treaty exemptions need case-by-case verification. When in doubt, prepare notarized translations and complete legalization before filing — over-preparing beats mid-case supplementation requests.

Item 10: Prepare the list of attached documents and evidence ☐

• Action: Prepare a numbered list of every document and piece of evidence filed with the petition.
• Why it matters: Article 189(1)(k) mandates the petition include a list of attached documents and evidence. This is the dossier's table of contents — it lets the receiving judge check completeness (Article 191) and gives you a reference when the court requests supplements.
• How to do it: List by serial number: document name, page/copy count, form (original/copy/translation), notes. Example: "1. Sale contract No. … dated … (copy, 12 pages); 2. Acceptance minutes dated … (original, 3 pages)…". Number the physical documents to match the list exactly.
• Watch out: Every document in the list must actually be in the filed dossier — a "phantom" list is a basic but real-world mistake when preparing in a hurry.

Item 11: Calculate the court fee advance and arrange funds ☐

• Action: Pre-calculate the court fee advance payable and arrange the money and payment channel.
• Why it matters: After receiving the petition and documents, the judge notifies the claimant to pay the court fee advance; within 07 days of receiving the notice, the claimant must pay and submit the payment receipt to the court — missing the deadline means the petition is returned (Article 195(2); Article 192(1)(d)). The judge accepts the case only upon receiving the receipt (Article 195(3)).
• How to do it: First-instance court fee advance = 50% of the estimated first-instance court fee based on the dispute value (fee schedule attached to Resolution 326/2016/UBTVQH14). First-instance court fee rates for business/commercial disputes with a value:

Business/commercial disputes without a value: VND 3,000,000. Example: a VND 2 billion dispute → court fee = 36,000,000 + 3% × 1,200,000,000 = VND 72,000,000 → advance = VND 36,000,000.

• Watch out: The court's notice states the official figure — the table above is for budgeting, not a substitute for it. Fee advance exemptions/reductions apply only to statutory subjects (Articles 12 and 14, Resolution 326/2016/UBTVQH14); corporate claimants in ordinary contract disputes are generally not eligible.

Item 12: Choose how to submit the petition ☐

• Action: Choose one of the three submission methods under Article 190: file directly at the court; send by postal service; or submit electronically via the court's e-portal (if available).
• Why it matters: The method affects proof of the filing date — a critical milestone for limitation and processing order. Direct filing gets an immediate stamped receipt; postal filing relies on the postmark; e-filing requires saving the electronic acknowledgment.
• How to do it: Recommended: file directly at the court's receiving division, bring one original set for comparison, and request a stamped acknowledgment slip stating the receipt date and document count. By post: use a tracked service (express with tracking number) and keep the receipt. E-filing: only where the court operates an e-portal; save the acknowledgment file and check processing status.
• Watch out: Prepare at least two full dossier sets (one for the court, one for the company) plus a complete scan. The court will later request additional copies for the other parties after acceptance.

Item 13: Track petition processing; handle amendment requests ☐

• Action: Follow up on the petition after filing; promptly amend or supplement if the judge requests.
• Why it matters: After receipt, the court reviews and processes the petition under Article 191. If contents are incomplete, the judge notifies the claimant to amend/supplement within a judge-set deadline not exceeding 01 month (extendable by up to 15 days in special cases) — Article 193. Failure to amend as requested means return (Article 192(1)(e)).
• How to do it: 5–7 working days after filing, proactively contact the case-acceptance division for status. Upon receiving an amendment request: read each requested item carefully, supplement precisely, re-file within the deadline, and keep the receipt. If you disagree with the judge's request, you may complain under the civil-procedure complaint mechanism.
• Watch out: Do not "wait in silence" — many petitions are returned simply because the claimant never learned the court had issued an amendment request. Register the phone/email stated in your petition for notifications.

Item 14: Spot the return grounds early to avoid them ☐

• Action: Self-audit the dossier against the six return grounds in Article 192(1) before filing.
• Why it matters: Knowing the "kill switches" in advance lets you eliminate risk during preparation instead of waiting weeks for a return decision.
• How to do it: Check each ground: (a) claimant lacks standing or civil procedural capacity → see Items 1, 7; (b) statutory preconditions for suit not yet met (e.g., a contractually mandatory mediation step not yet taken) → see Item 2; (c) the matter has already been resolved by an effective court judgment/decision → check whether the dispute was previously litigated or arbitrated; (d) the 07-day deadline for the fee-advance receipt expires → see Item 11; (đ) the case falls outside the court's jurisdiction → see Item 4; (e) failure to amend/supplement as the judge requested → see Item 13.
• Watch out: ⚠ Expired limitation is not among the Article 192 return grounds — courts may not return a petition on limitation grounds on their own initiative; limitation applies only upon a party's request made before the first-instance judgment/decision (Article 184(2)). Still, do not be complacent about limitation (Item 3).

Item 15: Plan evidence supplementation during proceedings ☐

• Action: Plan to collect and supplement evidence after the case is accepted.
• Why it matters: Article 96 gives parties the right and duty to submit documents and evidence while the court handles the case; where submitted materials are insufficient, the judge requests supplementation. Where you cannot collect evidence yourself (held by third parties or state agencies), you may request the court to collect it under Article 106 (expertise examination, asset valuation, on-site inspection, entrusted collection, requests to agencies/organizations/individuals…).
• How to do it: Right after receiving the acceptance notice (Article 196), re-scan for evidence gaps: missing vouchers, need for goods-quality expertise, third-party bank statements. File written requests for court evidence-collection measures early — do not wait until the eve of trial.
• Watch out: Evidence collected by the court on request must still be disclosed to the parties and debated at trial — there is no "secret evidence" favoring one side.

Item 16: Consider provisional urgent measures and mediation ☐

• Action: Assess whether to request provisional urgent measures (PUMs) when filing; prepare for court mediation.
• Why it matters: If the defendant shows signs of dissipating assets, destroying evidence or frustrating future enforcement, you may request PUMs such as asset distraint, account freezing or bans on asset transfer (Article 114 lists the available PUMs). The request may be filed together with the statement of claim. After acceptance, parties may be invited to court-annexed mediation under the 2020 Law on Mediation and Dialogue at Court (58/2020/QH14) — a successful mediation saves significant time and cost versus trial.
• How to do it: Draft a separate PUM request stating: the measure requested, the reasons (urgent circumstances), the specific assets/measures, and arrange the fee per the schedule attached to Resolution 326/2016/UBTVQH14. Note the court may require security (e.g., a deposit) for certain PUMs.
• Watch out: ⚠ PUMs are double-edged: an unfounded request may be rejected, and you bear liability for damages if the measure wrongfully harms the other party. Use only where genuine urgency exists — take counsel's advice before filing the request.

3. Common mistakes when preparing a filing dossier yourself

Mistake 1 — Filing with the wrong court after the 01/7/2025 reform. Many still follow old habits and file with the provincial court or the former district courts. Since 01/7/2025, business and commercial disputes are heard at first instance by the regional People's Court (Economic Court). Fix: re-identify the court under new Articles 35 and 36 (Law 85/2025/QH15) and Article 39 before printing the petition.

Mistake 2 — Invalid signature or wrong seal. The signatory has left the company, the power of attorney has expired, or the company used an old seal after changing its seal specimen. Fix: cross-check the signatory against the latest enterprise registration certificate and the still-effective appointment decision.

Mistake 3 — Wrong or incomplete defendant address. The defendant's address is the basis for service of process; an outdated or incomplete address (missing street number, ward/commune) prevents service, prolonging the case or forcing re-verification. Fix: look up the defendant's latest head-office address (enterprise registration portal for companies) and state it fully down to ward/commune level.

Mistake 4 — Missing the 07-day fee-advance receipt deadline. This mistake is fatal because the consequence is return of the petition (Article 192(1)(d)) — you must start over. Fix: once the court's notice arrives, pay within 1–2 days and submit the receipt to the court immediately; do not wait until the deadline.

Mistake 5 — Filing foreign-language documents without translations. Submitting only the English version of a bilingual contract, or a self-made translation without notarization, triggers a re-translation request. Fix: prepare notarized/certified Vietnamese translations from the start (Item 9).

4. After completing the checklist

When all 16 items are ☑ (or the remaining ⚠ items have been counsel-reviewed), you are ready to file. What follows:

1. File the petition by the chosen method (Item 12); keep the receipt.
2. Await petition processing (Article 191): the court may request amendments/supplements (Article 193) — handle immediately within the deadline.
3. Pay the court fee advance within 07 days of the court's notice (Article 195) — submit the receipt to the court.
4. Receive the acceptance notice (Article 196): the case is formally accepted; prepare for the mediation and trial-preparation stage.

When counsel review is a must: foreign elements; high dispute value; an ambiguous arbitration clause; limitation about to expire or expired; need for provisional urgent measures; a defendant that has been dissolved, is bankrupt, or has absconded. In these situations, one dossier-review session with litigation counsel before filing is usually far cheaper than fixing mistakes afterwards.

FLAT LAW FIRM's litigation team specializes in contract and commercial disputes for domestic and foreign businesses in Vietnam — from dossier assessment, petition drafting and evidence collection to representation before courts and arbitral tribunals. See our commercial dispute resolution services, or contact FLAT / hotline 0988424851 for an initial assessment of your case file.

5. Frequently asked questions

What must a statement of claim for a contract dispute in Vietnam contain?

Article 189 of the 2015 Civil Procedure Code requires: the date of the petition; the name of the receiving court; names, addresses and contact details of the claimant, the defendant and any related persons; the infringed lawful rights and interests; the specific matters requested for resolution; names and addresses of witnesses (if any); a list of attached documents and evidence; and the claimant's signature. The standard form is Form 23-DS issued with Resolution 01/2017/NQ-HDTP.

How much is the court fee advance for a contract lawsuit in Vietnam?

The first-instance court fee advance equals 50% of the estimated first-instance court fee based on the dispute value (fee schedule attached to Resolution 326/2016/UBTVQH14). Example: a VND 2 billion business/commercial dispute — court fee = VND 36,000,000 + 3% × (2,000,000,000 − 800,000,000) = VND 72,000,000, so the advance is VND 36,000,000. It must be paid within 07 days of receiving the court's notice (Article 195, Civil Procedure Code).

What is the limitation period for contract disputes in Vietnam?

Commercial contract disputes: 02 years from the time the lawful rights and interests were infringed (Article 319, 2005 Commercial Law). Civil contracts outside the Commercial Law's scope: 03 years (Article 429, 2015 Civil Code). Courts apply limitation only upon a party's request made before the first-instance court issues its judgment or decision (Article 184, Civil Procedure Code).

Which court hears a contract dispute in Vietnam?

Business and commercial disputes are heard at first instance by the regional People's Court (Economic Court) — Articles 35 and 36 of the Civil Procedure Code as amended by Law 85/2025/QH15, effective 01/7/2025. Territorially: the court of the defendant's residence, workplace or head office; parties may also agree in writing to choose the court of the claimant's residence or head office (Article 39).

What documents and evidence should accompany the statement of claim?

Attach: the contract and appendices; handover/acceptance minutes; payment vouchers; emails, correspondence, meeting minutes, liquidation minutes; and the claimant's capacity documents (enterprise registration certificate, representative's ID, power of attorney). Foreign-language documents should be accompanied by Vietnamese translations; documents executed abroad may require consular legalization under Decree 111/2011/ND-CP.

Language versions

References

• 2015 Civil Procedure Code (92/2015/QH13), effective 01/7/2016
• Law 85/2025/QH15 amending the Civil Procedure Code, effective 01/7/2025
• Resolution 01/2017/NQ-HDTP dated 13/01/2017 (Form 23-DS)
• Resolution 326/2016/UBTVQH14 on court fees and charges
• 2005 Commercial Law (Article 319); 2015 Civil Code (Article 429)
• 2010 Commercial Arbitration Law (Article 6)
• Decree 111/2011/ND-CP on consular certification and legalization
• Decree 23/2015/ND-CP on certification of copies and signatures

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