A statement of claim in Vietnam is a written petition in Vietnamese that identifies the court, the claimant and the defendant, explains which of your rights were infringed, and states exactly what you ask the court to decide, together with a list of the evidence attached. It must be signed by the claimant or the authorised representative, and a company signs and seals it according to its own rules. If the content is incomplete, the court asks you to supplement it; if the case does not belong to that court or the claim is not admissible, the court returns it.
The statement of claim is the first thing the judge reads and the frame for everything that follows, because the court generally decides only within the scope of what you ask for. A loose, translated memo will not do the job. This guide explains what the Code requires, how to describe the parties and your requests, which documents to attach, the ways to file, and what happens when the court asks for amendments. Use it to prepare for working with your lawyer, and check the current official form and requirements with the receiving court.
What the statement of claim does in a Vietnamese case
In common-law systems, a claim form can be short and the detail comes later through pleadings and disclosure. Vietnamese civil procedure works differently. The statement of claim, the evidence filed with it and the defendant's written response form the core file the judge works from, and the court plays an active role in examining that file. A well-built statement makes the judge's task easier and signals that you are a serious, organised party.
The statement also fixes the boundaries of the case. The court resolves the requests you make, not the requests you could have made. Interest you forgot to claim, a penalty you did not mention or a party you left out may be difficult to add later, because the Code limits how far a claimant may widen its claims once the case has moved past certain points. Changing or withdrawing a request is possible within limits; enlarging it may not be.
Finally, the statement is read against the court's admission checks. Before accepting a case, the court examines whether the claimant has standing, whether the dispute is one the court can hear, whether the limitation or other preconditions are satisfied, and whether the same dispute has already been decided. A clear statement helps the court answer those questions in your favour quickly.
For these reasons, treat the drafting as a substantive legal task, not an administrative one. The best statements are written in natural Vietnamese legal language by someone who knows how judges read them, then checked by you against the facts line by line in an English translation.
Required contents, item by item
The Code lists what a statement of claim must contain. The table follows that list in plain language and notes where foreign claimants commonly slip.
| Item | What to write | Common problem |
|---|---|---|
| Date and place of drafting | The date the statement is made and where | An undated statement can be sent back for correction |
| Name of the court | The full name of the competent court under the current structure | Naming a former district court that no longer exists |
| Claimant | Full name, address, nationality for individuals; full registered name and head office for companies; contact details | Using a trading name or omitting the passport number |
| Representative | Name and address of the authorised representative, with the power of attorney attached | Authority that does not cover filing or settling |
| Defendant | Full registered name and current head office address, or full name and residence for individuals | Old address, so the court cannot serve notices |
| Persons with related rights | Anyone whose rights the decision will affect, such as a guarantor | Leaving them out, so the court has to add them later |
| Infringed rights | A concise account of the facts and the rights or interests infringed | A long narrative that never says what was breached |
| Specific requests | Each request stated separately, with amounts and how they are calculated | Vague requests such as asking the court to protect your rights |
| Witnesses and evidence | Names and addresses of witnesses, if any, and a numbered list of attached documents | Attachments that do not match the list |
The courts use a published form for statements of claim. Using the current form, filled in carefully, is the easiest way to make sure nothing on the list is missing.
Framing your requests so the court can grant them
Ask for a sum, not a principle. Request payment of a stated principal amount, with the invoices or milestones it comes from. If the debt is in a foreign currency, explain the contractual basis and how you want it treated, since payment obligations between Vietnamese residents are generally expected to be in Vietnamese dong and the court will look closely at currency questions.
Claim interest for late payment separately. State the period, the rate basis and the resulting amount up to a stated date, and ask for interest to continue until payment. The legal basis differs between civil and commercial contracts, so the rate must match the law that applies to your contract.
Keep contractual penalties and damages distinct. A penalty for breach is only available if the contract provides for it, and for commercial contracts the law caps the amount. Damages require proof of actual loss and of the link between breach and loss. Listing them as separate requests helps the court deal with each one properly.
Ask for performance where money is not the point. You can request that the defendant deliver goods, hand over documents, stop using your materials or perform another obligation. Describe precisely what must be done, so that an enforcement officer could carry it out without guessing.
Include costs and interim measures where relevant. Ask that the defendant bear the court fee and any costs the law allows to be shifted. If you need the court to freeze assets or stop a transfer while the case runs, that is a separate application with its own conditions, often requiring security from you.
Documents to attach
Attach copies of the evidence that supports each request and the papers that prove who you are and who may act for you. A typical commercial claim includes:
- The contract, its annexes and any amendments, with certified Vietnamese translations of anything in another language.
- Invoices, delivery notes, acceptance records, bank statements or transfer slips showing performance and non-payment.
- Correspondence: demand letters, replies, emails and messages, exported with dates and sender details visible.
- For an individual claimant, a copy of the passport; for a company, a legalised and translated certificate of incorporation or equivalent proof of legal existence.
- The power of attorney appointing your representative, notarised and legalised if signed abroad, with a certified translation.
- A business registration extract for the defendant showing its current name, enterprise code and head office.
- Any record of the facts made by a bailiff, expert reports or other documents you already hold that support your account.
Courts usually accept copies at filing and may ask to compare them with originals later. Keep originals safe and organised; a missing original at the hearing can weaken a key document.
Filing the claim and what follows
You can file a statement of claim in person at the court, by post, or through electronic filing where the court provides it. After that, the sequence normally runs as follows.
- The court records the date it receives your statement. For postal filing, the postmark date generally counts as the filing date, which can matter close to a limitation deadline.
- The chief judge assigns a judge to review the statement within a short period.
- The judge decides whether to request amendments, transfer the claim to another court, return it, or proceed toward acceptance.
- If amendments are requested, you receive a written notice listing what to correct and a deadline. Meet it, or the claim may be returned.
- If the claim is in order, the court notifies you of the advance court fee to pay. Paying it within the stated time and submitting the receipt completes acceptance.
- The court then notifies the defendant and other parties, and the preparation phase begins.
Keep a copy of everything you file, stamped or acknowledged by the court where possible, and log every notice you receive with its date.
When the court asks for amendments or returns the claim
A request to amend is common and not a bad sign in itself. Judges often ask claimants to clarify the defendant's address, split a vague request into specific ones, add a missing document or correct the court's name. Read the notice carefully, answer every point and file the amended statement within the time given. If a point cannot be satisfied in time, for example because a legalised document is still on its way from abroad, explain this in writing before the deadline rather than letting it lapse.
A returned claim comes with a written decision stating the reasons. Typical reasons are that the claimant lacks standing, the dispute falls outside the court's jurisdiction, the case has already been decided by an effective judgment, a valid arbitration agreement exists, or the claimant failed to amend in time. The decision can be challenged by complaint to the court within a short period, and the court must respond. If the reason is curable, such as a missing document, you can usually fix the problem and file again.
Be careful about time. A return does not necessarily stop the clock on the limitation period, and filing again weeks later may push you past the deadline. If your claim is close to the limit, treat any amendment request as urgent and consider filing a fuller claim from the outset.
When you need a Vietnamese lawyer
Drafting the statement is the point where a licensed Vietnamese lawyer adds the most value per hour. The lawyer will write in the legal register judges expect, match each request to its legal basis, choose the right court under the post-2025 structure and spot admission risks before the court does. Lawyers also know how particular courts prefer to receive evidence and translations, which saves rounds of amendment.
You especially need help when the claim involves foreign currency, interest calculations across several contracts, a penalty clause, a guarantor or a parent company, or when the limitation deadline is close. The same applies if you want interim measures, because the application must show urgency and the court may require you to deposit security.
Your role is to supply complete facts and documents and to check the English translation of the draft carefully. A misplaced date or amount in the statement can follow the case all the way to the judgment. If you only need a quick explanation of the structure before meeting counsel, ask a lawyer on AI Co Van (aicovan.com) for a general overview.
Frequently asked questions
Does the statement of claim have to be in Vietnamese?
Yes. Vietnamese is the language of court proceedings, so the statement and every attachment must be in Vietnamese or accompanied by a certified Vietnamese translation. An English version for your own records is useful, but the court works only from the Vietnamese text.
Is there an official form for the statement of claim?
Yes. Courts use a published form that sets out the required items in order. Using the current version of the form makes it easier for the court to review your claim, and the receiving court can tell you which version it expects.
Can I add more requests after filing?
Changing or withdrawing requests is possible, but widening the claim beyond its original scope is restricted after certain stages of the case. That is why it pays to include principal, interest, penalties, damages and costs from the start, each stated separately with its basis.
Can I file the claim online?
Electronic filing is provided for in the procedure rules, and some courts accept claims through their online systems. Availability and technical requirements vary, so check with the specific court. Paper filing in person or by post remains available everywhere.
What happens if the court returns my claim?
You receive a written decision giving the reasons. You can complain about it to the court within a short period, or fix the problem and file again. Watch the limitation period closely, because the time spent on a returned claim may not be added back.
Who should sign the statement for a foreign company?
The legal representative of the company signs, or an authorised representative signs under a valid power of attorney. Proof of the signatory's authority must be legalised and translated. Companies that use a seal under their own rules affix it in line with those rules.