1. Preparing lawsuit documents
According to Article 189 of the 2015 Civil Procedure Code, the plaintiff prepared a set of documents, including:
- Lawsuit according to form.
- Providing your identity or citizen identification card.
- Documents and evidence proving the legitimate rights and interests of the violating plaintiff (purchase and sale contract, ...).
2. Procedures for filing a house sale dispute
Step 1: Submit a lawsuit
Pursuant to Clause 1, Article 35, Clause 1, Article 39 of the 2015 Civil Procedure Code, the plaintiff shall file a lawsuit at the District People's Court (including districts, towns, cities under the province).
Pursuant to Clause 1, Article 190 of the 2015 Civil Procedure Code, the plaintiff shall submit the lawsuit to the competent Court to resolve the case in one of the following 3 ways:
- Submit directly to the Court.
- send to the Court by post.
- Submit electronically via the Court's Electronic Information Portal (if available).
The plaintiff must access the Court's Electronic Information Portal to fill in the full content of the lawsuit, sign electronically and send it to the Court (according to Clause 1, Article 16 of Resolution 04/2016/NQ-HDTP).
Step 2: Receive and accept the case
* Receiving lawsuits
Pursuant to Article 191 of the 2015 Civil Procedure Code, the reception of lawsuits is regulated as follows:
- Within 3 working days from the date of receipt of the lawsuit, the Chief Justice of the Court shall assign 1 Judge to consider the lawsuit.
- Within 5 working days from the date of assignment, the Judge must consider the lawsuit and make one of the following decisions:
+ Request to amend and supplement the lawsuit.
+ Conduct the procedures for receiving the case.
+ Transfer the lawsuit to the competent Court and notify the plaintiff if the case is under the jurisdiction of another Court.
+ Return the lawsuit to the plaintiff if the case is not under the jurisdiction of the Court.
According to Article 195 of the 2015 Civil Procedure Code, after receiving the petition and documents and evidence, if it is found that the case is under the jurisdiction of the Court, the judge must immediately notify the petitioner to let them go to the Court to make procedures for paying the court fee advance in case they have to pay the court fee advance.
Within 7 days from the date of receiving the Court's notice on the payment of the court fee advance, the petitioner must pay the court fee advance and pay to the Court of receipt of the court fee advance.
Step 3: Procedures for preparing for trial
Article 203 of the 2015 Civil Procedure Code stipulates the time limit for preparing for trial of a house sale and purchase contract dispute as follows:
- The trial preparation period is 4 months, from the date of admission of the case.
- For cases of complicated nature or due to force majeure events or objective obstacles, the Chief Justice of the Court may decide to extend the trial preparation period but not exceeding 2 months.
- If there is a decision to temporarily suspend the settlement of the case, the trial preparation period will be recalculated from the date the Court's decision to continue settling the case takes legal effect.
During the trial preparation phase, the judge conducted a meeting to check the handover, approach, publicity of evidence and conciliation between the litigants and organize mediation; The parties will not successfully take the case, they will bring the case to the first instance trial without the case of temporary suspension or suspension.
Within 1 month from the date of the decision to bring the case to trial, the Court must open a trial; in case of legitimate reasons, this period is 2 months (according to Clause 4, Article 203 of the 2015 Civil Procedure Code).
Step 4: First instance trial
After the first instance judgment, the disputing parties have the right to appeal if they do not agree with the judgment.
Clause 1, Article 273 of the 2015 Civil Procedure Code stipulates that the time limit for appeal of a first-instance judgment is 15 days, from the date of sentencing.
