Sued in Vietnam? 15 Things to Do in the First 15 Days

Most people receiving a court notice for the first time share one question: what do I do now that I've been sued? The common instincts are panic, delay, or a hasty reaction — calling the plaintiff to argue, signing whatever papers arrive unread. All three are dangerous. Procedural law gives the defendant a very short "golden window" right after receiving the acceptance notice, especially the 15-day response deadline under Article 199 of the 2015 Civil Procedure Code. This checklist orders 15 tasks by the real priority sequence litigators typically run for corporate clients.

1. Who should use this checklist and how
2. The detailed checklist: 15 things in the first 15 days
3. Common mistakes in self-handled cases
4. After completing the checklist
5. Frequently asked questions
Language versions
References

1. Who should use this checklist and how

This checklist is for individuals and businesses that have just received a court notice that they are being sued in a civil, business–commercial, or labor case in Vietnam. It works best in the first 72 hours after the notice arrives, and must be completed before the 15-day deadline under Article 199 of the 2015 Civil Procedure Code expires.

Marking: ☐ not done · ☑ done. Each item has four parts: What (the concrete action), Why (the legal consequence of skipping it), How (where and with whom), Caution (common traps). Go in order, because some items are prerequisites of others — you cannot decide on a counterclaim (item 10) before reading the statement of claim (item 1) and gathering enough evidence (item 5).

2. The detailed checklist: 15 things in the first 15 days

All 15 items below are ordered by real priority: things due in the first few days (reading the file, fixing deadlines, hiring counsel, locking evidence) always come before strategic decisions (counterclaim, jurisdiction challenge, mediation, interim measures, financial planning). Follow this order and you will never miss a prerequisite — and you will meet the 15-day deadline in Article 199 of the 2015 Civil Procedure Code.

Item 1: Read the entire acceptance notice, statement of claim, and attachments ☐

What: Read slowly through the whole package the court sent: the case-acceptance notice, the statement of claim, copies of the plaintiff's evidence. Underline precisely: (a) who the plaintiff is, (b) what is specifically claimed and the total value, (c) the legal basis invoked, (d) which court is hearing the case, (e) the case acceptance number.
Why: Every later decision — counterclaim, mediation, litigation — must target the exact "center" of the claims. Many defendants only hear "being sued for money" without knowing what sums are demanded, and react off-target.
How: Make a one-page summary of the five points above, cross-check against your contracts, emails, and meeting minutes. Note anything missing or unclear to ask counsel.
Caution: Article 199(2) of the 2015 Civil Procedure Code gives the defendant the right to ask the court to view, note, and copy the statement of claim and attachments (except state or trade secrets under Article 109(2)). If the package is incomplete, use this right instead of guessing.

Item 2: Mark the 15-day deadline and build a case-wide deadline calendar ☐

What: Record the date you received the acceptance notice (the service receipt date or postal cover), add 15 days for the response deadline. Build a deadline table: response deadline (Article 199), the maximum extension if needed (no more than 15 extra days), and the case's major milestones ahead.
Why: This is the most decisive deadline of the early phase. Missing the response deadline does not lose the case outright, but the court will proceed without your voice, and you lose the initiative in shaping the file.
How: Set a reminder at day 10 — a safe point by which all documents should be finalized, avoiding a last-minute rush. Share the calendar with counsel and the internal owner.
Caution: For an extension you must file a request before the deadline stating clear reasons; with good cause the court may extend, but by no more than 15 days. Do not assume extensions are automatic — prepare proof of good cause (e.g., documents abroad, extra evidence-collection time).

Item 3: Verify the validity of service and notification ☐

What: Check whether the acceptance notice and statement of claim were served to the right address, the right recipient, and by proper procedure: whether the signer is the company's legal representative or authorized person, and whether the address matches the registered business address.
Why: Defective service is a ground to ask the court to revisit the process. In practice, notices get handed to a building guard or receptionist and lost, leaving the defendant unwittingly "absent" while the 15 days keep running.
How: Cross-check the service receipt against internal records: who signed, when, their ID. If anything is off, notify the court in writing at once and keep the proof.
Caution: Do not exploit minor service defects to "dodge" the case. Courts have substitute service methods (posting, public announcement), and deliberate evasion only costs you credibility with the judge.

Item 4: Hire counsel and register the protector of lawful rights and interests ☐

What: Sign a legal services agreement and complete the procedure for the court to recognize counsel as the protector of the party's lawful rights and interests under Articles 75 and 76 of the 2015 Civil Procedure Code.
Why: The protector may study the case file, copy documents, join mediation and hearings, and collect and submit evidence to the court. This is the "key" letting counsel access the full file — something defendants often cannot do thoroughly themselves.
How: Prepare the business registration certificate, the legal representative's ID, and the power of attorney for counsel. Counsel files the registration at the hearing court and receives the confirmation.
Caution: Choose counsel experienced in the right dispute type (commercial, construction, labor…) rather than a "does everything" lawyer. Ask for the intended strategy, fee per phase, and who personally handles your file.

Item 5: Collect, seal, and preserve your evidence ☐

What: Immediately collect everything related to the dispute: contracts, appendices, emails, Zalo/WhatsApp/WeChat messages, meeting minutes, acceptance records, invoices, payment vouchers, delivery notes. Back up electronic data in at least two independent locations and seal the originals.
Why: Evidence is the case's "backbone". Commercial disputes are often decided by emails and minutes exchanged years earlier — things easily deleted, overwritten, or "accidentally" lost when staff leave. Courts only consider what is filed through proper procedure.
How: Build a chronological evidence list, numbered, noting what each document proves. For electronic data, export with metadata (timestamps, senders), take authenticated screenshots; notarize key content where needed.
Caution: Never alter, backdate, or "beautify" evidence after learning you are sued — if discovered, it destroys your credibility entirely. At the same time, issue an internal "litigation hold": no deleting emails, messages, or files related to the matter until counsel says otherwise.

Item 6: Secure internal confidentiality and manage involved personnel ☐

What: Designate a single point of contact for counsel and the court. Tell involved staff (accounting, sales, logistics) the case is ongoing, require silence toward outsiders, and no one contacts the plaintiff on their own.
Why: In the first 15 days, any uncontrolled statement — an apologetic email, an admitting message — can become evidence against you. Conversely, key personnel (who negotiated the contract) are the most important living evidence and must be "locked in" before they resign or forget details.
How: Hold a short internal meeting, list who knows what, assign who provides which documents by when. Record working sessions with potential witnesses as early as possible, while memories are fresh.
Caution: Any pressure, bribery, or threats against witnesses or the plaintiff are criminal offenses with consequences far heavier than the civil case itself.

Item 7: Analyze the legal relationship, strengths–weaknesses, and limitation periods ☐

What: With counsel, dissect the case: what legal relationship is disputed (contract, non-contractual damages…), whether the plaintiff's claims hold, where each side's strengths and weaknesses lie, and crucially — whether the plaintiff's limitation period has expired.
Why: Limitation is the strongest but most easily missed "shield". If the limitation period has expired unnoticed, you will litigate on the merits a case that could have been dismissed at the threshold. Early strength–weakness analysis shapes strategy: fight to the end, mediate, or counterclaim.
How: Match the dispute's arising date against each relationship type's limitation rules (contract and commercial limitation periods may differ). Build a comparison table: what the plaintiff can/cannot prove, and what you rebut with.
Caution: Limitation can be interrupted or extended in some cases (e.g., ongoing negotiations, the plaintiff's petitions…), so calculating it requires careful research — do not conclude "it's time-barred" without counsel's confirmation.

Item 8: Check the hearing court's jurisdiction ☐

What: Check whether the court hearing the case has proper jurisdiction: the right level, the right territory (defendant's residence/headquarters, place of contract performance…), and whether the matter is within that court's remit.
Why: Suing in the wrong court is a common error, especially in foreign-element transactions or contracts performed in multiple localities. If the court lacks jurisdiction and you stay silent, you voluntarily abandon an important objection.
How: Cross-check the acceptance notice against the contract's dispute venue clause and where the parties actually operate. If jurisdiction is wrong, counsel files a written objection with the court in the early phase.
Caution: Raise jurisdiction objections early and in formal writing. Do not confuse a gut feeling of "not this court" with legal jurisdiction grounds — only legal grounds count.

Item 9: Check the arbitration clause — challenge court jurisdiction if one exists ☐

What: Dig out the original contract and check for an arbitration clause or standalone arbitration agreement: which institution (e.g., VIAC), ad hoc or institutional, and the seat and arbitral language.
Why: Under Article 6 of the 2010 Law on Commercial Arbitration, where the parties already have an arbitration agreement and one side sues in court, the court must decline jurisdiction, unless the arbitration agreement is void or incapable of being performed. This is the strongest "exit" if your contract has a properly drafted arbitration clause.
How: Produce the original or certified copy of the arbitration agreement to the court, with a written jurisdictional objection asking the court to decline so the dispute goes to arbitration as agreed. Do this at the outset, before deep merits litigation.
Caution: Not every clause mentioning "arbitration" is valid — an arbitration agreement may be void on statutory grounds (e.g., the signer lacked authority, improper form). Have counsel assess validity before betting the whole strategy on it. For drafting arbitration clauses in future contracts, see the guide on drafting an international-standard arbitration clause.

Item 10: Assess counterclaim viability and prepare the counterclaim ☐

What: Consider whether you have independent claims against the plaintiff: unpaid goods, delivery breaches, uncompensated damage… If so, prepare a counterclaim with full grounds and evidence.
Why: A counterclaim turns defense into "attack while defending": an accepted counterclaim may set off obligations against the plaintiff's claims or defeat them partly or wholly (Article 200 of the 2015 Civil Procedure Code). Tactically, a well-founded counterclaim is strong leverage at the mediation table.
How: With counsel, review the entire business relationship with the plaintiff for possible counterclaims, value them, and prepare evidence as if filing a fresh claim. Note you must pay the advance court fee for your counterclaim per the court's notice (rates under Resolution 326/2016/UBTVQH14).
Caution: The deadline is critical: the defendant may raise a counterclaim only before the opening of the session for checking the handover of, access to, and disclosure of evidence and mediation (Article 200(3)). Past that point, the court will not hear the counterclaim in the same case — you would have to file a brand-new lawsuit, doubling time and cost.

Item 11: Draft the written statement responding to the plaintiff's claims ☐

What: Draft the defendant's written position on each specific claim: which points are admitted, which denied and why, citing contract clauses and corresponding legal provisions.
Why: This is the defendant's first and most important pleading — it shapes your entire stance in the file. A perfunctory, generic statement ("we disagree with all claims") is nearly worthless; a tight, point-by-point rebuttal sets the battlefield.
How: Structure per claim: quote the claim → state position (admit/partially deny/wholly deny) → grounds (contract clause, evidence number, legal provision). Counsel drafts; the company's legal representative signs.
Caution: Watch every admitted word. In proceedings, facts the defendant has admitted no longer need proof by the plaintiff. Do not admit uncertain points to show goodwill — goodwill belongs at the mediation table, not in the pleading.

Item 12: File the response, evidence, and counterclaim within the 15 days ☐

What: File the complete package: the written response (item 11), all collected evidence (item 5), the counterclaim if any (item 10), and keep the filing receipt.
Why: This is the direct duty under Article 199(1) of the 2015 Civil Procedure Code: within 15 days of receiving the notice, the defendant must file the written position with documents and evidence, counterclaims, independent claims (if any). Timely filing keeps your initiative; late or incomplete filing leaves the judge with a one-sided file.
How: File in person and obtain a stamped receipt, or send by post (keep the slip). Double-check copies, signatures, and company seals before filing — missing signatures are a silly but real error.
Caution: If you cannot finish in 15 days, file the extension request before expiry with good reasons; the court extends by at most 15 days. Never go silent past the deadline and ask later — the extension right is then practically gone.

Item 13: Consider early negotiation and mediation with the plaintiff ☐

What: With counsel, assess mediation prospects and terms: what the plaintiff really wants (money, goods, or just a commitment), the "price" of settlement versus the cost and risk of going all the way, and your concession limits.
Why: Litigation is expensive and unpredictable — even if you are 90% right, the remaining 10% can cost you part of the case plus fees, counsel costs, and months of time. Successful mediation lets the parties control the outcome, preserve business relations, and save significantly.
How: Build two scenarios: settlement (offer level, payment terms, timeline) and full litigation (projected costs, worst-case risk). All negotiation contact goes through counsel or a counsel-approved script, and every agreement reached must be written and signed by both sides.
Caution: Mediation is not admitting defeat. Legally, parties reaching agreement at mediation bear only 50% of court fees under Resolution 326/2016/UBTVQH14 — a discount the law reserves for good-faith mediation. But do not let goodwill be exploited: every concession needs limits and written records.

Item 14: Consider applying for interim urgent measures ☐

What: Assess whether to ask the court for interim urgent measures: e.g., freezing the plaintiff's accounts or seizing assets to secure enforcement of a counterclaim; or conversely, prepare to defend if the plaintiff seeks such measures against your assets.
Why: In many commercial cases, "winning on paper" but collecting nothing because assets were dissipated is the most painful outcome. Interim urgent measures are the only tool to "lock" assets from the early phase, before judgment.
How: Counsel assesses grounds (signs of asset dissipation), prepares the application to the hearing court with evidence of the dissipation risk. If you are the target, prepare proof that assets remain under control and propose substitute security.
Caution: A baseless application can make you liable for the target's damages. This is a double-edged sword — use only with concrete evidence of dissipation risk, not as psychological pressure.

Item 15: Build a litigation budget and financial contingency plan ☐

What: Budget the case's full costs: advance court fees (for the counterclaim too, if any), counsel fees per phase (first instance, appeal if any), expert appraisal, valuation, translation, travel, and a reserve for losing and enforcement.
Why: Commercial litigation can run for months — the trial preparation period for business and commercial cases is 2 months from acceptance (extendable by at most 1 more month under Article 203 of the 2015 Civil Procedure Code), plus any appeal. Companies without financial preparation end up passive, even abandoning the case midway.
How: Consult the rate table in Resolution 326/2016/UBTVQH14: first-instance civil court fees for non-valued business/commercial cases are VND 3 million; for valued cases the advance fee is 50% of the projected court fee on the disputed value. Agree counsel fees per milestone (filing, mediation, first-instance trial, appeal) rather than one lump sum.
Caution: Alongside the budget, assess "collectability" if you win: does the plaintiff have assets to enforce against, any signs of insolvency. Where a party enters recovery or bankruptcy proceedings, from 1 March 2026 the 2025 Law on Recovery and Bankruptcy (142/2025/QH15) applies instead of the expired 2014 Bankruptcy Law — enforcement will then be governed by the recovery/bankruptcy procedure, so factor this scenario in from the start.

3. Common mistakes in self-handled cases

Mistake 1: Delaying with "let's see what the plaintiff does first". The 15 days under Article 199 pass fast, especially while you still need to find counsel, gather evidence, and draft documents. Many defendants spend the first 10 days just… calming down. Result: rushed responses, thin evidence, or extension requests from a weak position.

Mistake 2: Contacting and arguing with the plaintiff yourself. One angry call, one "don't dream of getting the money" email — all can appear in the case file as the plaintiff's evidence. All contact after being sued must go through counsel or a pre-agreed script.

Mistake 3: Signing court documents without reading. Working minutes, summonses, notices — each has its own procedural meaning. Signing minutes whose content you haven't read carefully locks in your own testimony.

Mistake 4: Overlooking the contract's arbitration clause. Many businesses sign contracts with arbitration clauses they themselves forget, then litigate in court when they could have asked the court to decline jurisdiction under Article 6 of the 2010 Law on Commercial Arbitration. Checking the original contract is a day-one job, not a week-three job.

Mistake 5: Losing the counterclaim "door" to a missed deadline. Many defendants only think of counterclaiming halfway through — by then the session for checking evidence handover, access, disclosure, and mediation has opened, and under Article 200(3) the counterclaim right in the same case is gone. To sue back, you must open a brand-new case.

4. After completing the checklist

With all 15 boxes ticked, you stand in a completely different position than on notice day: evidence systematized, legal position clear, deadlines controlled, counsel fully engaged. The next steps will be: attending the session for checking evidence handover, access, disclosure, and mediation; attending the first-instance trial; and where needed, exercising the right of appeal — noting the appeal deadline for first-instance judgments is only 15 days from pronouncement (Article 273 of the 2015 Civil Procedure Code), a window as short as these first 15 days.

There are moments when counsel is mandatory, not optional: deciding whether to counterclaim, challenging the court's jurisdiction or an arbitration agreement's validity, negotiating large-sum settlements, and cases with foreign elements or recovery/bankruptcy proceedings. Once made on the record, these decisions are very hard to reverse.

If your company has just been served and does not know where to start, contact FLAT Law Firm at hotline 0988424851 for a response plan within the first 15 days — the earlier, the more options.

5. Frequently asked questions

You just received a court summons — what is the very first thing to do?

Read the entire case-acceptance notice, the statement of claim, and all attachments to pin down exactly what you are being sued for, what the plaintiff demands, and mark the 15-day clock under Article 199 of the 2015 Civil Procedure Code. Then contact counsel as early as possible — do not reply hastily or sign any document before you understand it.

How many days does a defendant have to file a response with the court?

Within 15 days of receiving the notice, the defendant must file a written statement of its position on the plaintiff's claims, together with documents and evidence, any counterclaim or independent claim (if any). If an extension is needed, file a request stating the reasons; the court may extend by at most 15 additional days.

What if the contract has an arbitration clause?

Check the arbitration clause immediately. Where the parties already have an arbitration agreement and one side sues in court, the court must decline jurisdiction, unless the arbitration agreement is void or incapable of being performed (Article 6 of the 2010 Law on Commercial Arbitration). Produce the arbitration agreement and challenge the court's jurisdiction from the outset.

Can a defendant sue the plaintiff back?

Yes. Along with the written response, the defendant may counterclaim against the plaintiff (Article 200 of the 2015 Civil Procedure Code). Note the counterclaim must be raised before the opening of the session for checking the handover of, access to, and disclosure of evidence and mediation; the defendant must also pay the advance court fee for its counterclaim.

Should you negotiate with the plaintiff right after being sued?

Worth considering. Early mediation or negotiation saves costs and time and preserves business relations; where mediation succeeds, the parties bear only 50% of court fees under Resolution 326/2016/UBTVQH14. But every settlement proposal must be controlled by counsel so it is not read as an admission of the plaintiff's full claims.

Language versions

References

2015 Civil Procedure Code, No. 92/2015/QH13, in force from 1 July 2016.
2010 Law on Commercial Arbitration, No. 54/2010/QH12, in force from 1 January 2011.
Resolution No. 326/2016/UBTVQH14 dated 30 December 2016 of the National Assembly Standing Committee on court fees and charges, in force from 1 January 2017.
2025 Law on Recovery and Bankruptcy, No. 142/2025/QH15, passed 11 December 2025, in force from 1 March 2026; the 2014 Bankruptcy Law (51/2014/QH13) expired on 1 March 2026.