How to Draft a Statement of Claim under the 2015 Civil Procedure Code

A Statement of Claim (Plaint) is an essential legal document that an agency, organization, or individual must prepare when initiating a lawsuit. To avoid the Court returning the Statement of Claim or requiring amendment/supplementation, both its form and content must comply with the following requirements.

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I. Form and Content of the Statement of Claim

1. Claimant

The claimant (agency, organization, or individual) must prepare a Statement of Claim.

2. Individuals

a) An individual with full civil procedural capacity may prepare the Statement of Claim themselves or authorize another person to draft it on their behalf.

• The section specifying the claimant’s name and address must state their full name and place of residence.

• At the end of the Statement of Claim, the claimant must sign or affix a fingerprint.

b) If the claimant is a minor, a person lacking civil procedural capacity, or a person with cognitive/behavioral difficulties:

• Their lawful representative may prepare the Statement of Claim themselves or authorize another person to draft it.

• The claimant’s section must state the full name and address of the lawful representative.

• The lawful representative must sign or affix a fingerprint at the end of the Statement of Claim.

c) If individuals under (a) or (b) are illiterate, visually impaired, or otherwise unable to prepare/sign/affix a fingerprint:

• They may authorize another person to prepare the Statement of Claim.

• A person with full civil procedural capacity must act as a witness.

• The witness must sign to confirm the Statement of Claim.

3. Agencies and Organizations

• The lawful representative of the agency/organization may prepare the Statement of Claim themselves or authorize another person to draft it.

• The claimant’s section must state the name, address, and the full name and position of the lawful representative.

• At the end of the Statement of Claim, the lawful representative must sign and affix the official seal.

• For enterprises, the use of the seal must comply with the Law on Enterprises.

4. Principal Elements

The Statement of Claim must contain:

a) Date of preparation (day, month, year).
b) Name of the Court to which it is submitted.
c) Claimant’s name and address:

• If individual: residential or workplace address.

• If organization: registered office.

• Phone number, fax, email (if any).

• If the parties agree on a contact address for the Court, such address must be stated.

d) Information of the person whose rights/interests are to be protected (if different from claimant).
đ) Defendant’s name and address (residential, workplace, or registered office). If unknown, the last known address must be provided.
e) Information of related parties (individuals or organizations). If unknown, the last known address must be provided.

Note: “Last known address” refers to the most recent residence, workplace, or office known to the claimant, as evidenced by competent authority certification or other proof.

g) The claimant’s lawful rights and interests alleged to have been infringed, and specific claims against the defendant or related parties.
h) Full name and address of witnesses (if any).
i) A list of documents and evidence accompanying the Statement of Claim.

5. Supporting Documents and Evidence

• The Statement of Claim must be accompanied by documents and evidence substantiating the claimant’s rights and interests.

• If, for objective reasons, not all evidence can be submitted, the claimant must submit available documents.

• Additional evidence must be provided later or at the request of the Court during proceedings.

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II. Legal Grounds

• Article 189, Civil Procedure Code 2015;

• Resolution No. 04/2017/NQ-HĐTP.