Provisions on Acceptance of a Case
Acceptance of a Case
After receiving the statement of claim and accompanying documents and evidence, if the case falls under the jurisdiction of the Court, the Judge must promptly notify the plaintiff to proceed with the procedures for payment of the advance court fee, in cases where such advance payment is required.
The Judge shall estimate the amount of the advance court fee, record it in a notice, and deliver it to the plaintiff for payment. Within 07 days from the date of receipt of the notice, the plaintiff must pay the advance court fee and submit the receipt to the Court.
The Judge shall accept the case when the plaintiff submits the receipt of payment of the advance court fee.
If the plaintiff is exempted from or not required to pay the advance court fee, the Judge shall accept the case upon receipt of the statement of claim and accompanying documents and evidence.
Notification of Case Acceptance
1. Within 03 working days from the date of case acceptance, the Judge must notify in writing the plaintiff, the defendant, agencies, organizations, and individuals whose rights and obligations are related to the case, as well as the People’s Procuracy of the same level, that the Court has accepted the case.
For cases initiated by consumers, the Court must publicly post at its office information regarding the case acceptance within 03 working days from the date of acceptance.
2. The written notification must contain the following principal particulars:
a) Date of the notification;
b) Name and address of the Court accepting the case;
c) Name, address, telephone number, fax number, and email address (if any) of the plaintiff;
d) Specific matters requested by the plaintiff for the Court’s resolution;
đ) Whether the case is accepted under ordinary or summary procedures;
e) List of documents and evidence submitted by the plaintiff with the statement of claim;
g) Time limit for the defendant and related parties to provide written opinions to the Court regarding the plaintiff’s claim and accompanying documents, counterclaims, or independent claims (if any);
h) Legal consequences of failure by the defendant or related parties to submit written opinions regarding the plaintiff’s claim.
3. If the plaintiff requests the Court’s assistance in serving documents and evidence, the Court shall, together with the notification of case acceptance, send the defendant and related parties copies of the documents and evidence provided by the plaintiff.
Legal Basis: Articles 195 and 196, Civil Procedure Code 2015.
