Whether the lawsuit against foreigners in Vietnam is handled by Vietnamese law; while the foreigners commit illegal acts taking place in the Vietnamese territory. Can foreigners sue foreigners in Viet Nam for money? The following article, LSX Law firm will answer questions for readers.
Criminal Law 2015
Civil Law 2015
Legal provisions on civil transactions involving foreign elements
Demanding money from foreigners in Vietnam is a dispute that occurs related to civil relations with foreign elements. A civil transaction involving a foreign element is a transaction; in which at least one party is a foreigner or an overseas Vietnamese; and the transaction is established; changed; performed or terminated at foreign; are Vietnamese citizens but the subject matter of such civil relations is abroad.
The law applicable to this relationship is determined; accordingly international treaties to which the Socialist Republic of Vietnam is a contracting party or the laws of Vietnam. Where the parties have the right to choose the applicable law; the law applicable to civil relations; involving foreign elements shall be determined at the choice of the parties.
Contract of borrowing property of foreigners
Foreigners enter Vietnam for many different purposes: long-term settlement or marriage with Vietnamese. The process of living for a long time, so disputes occur related to land, marriage, property … Foreigners borrow money from foreigners in Vietnam in the form of contracts or words.
When establishing a transaction relationship with other people, foreigners due to language differences, do not understand the legal regulations.
A foreigner who lends money to others but fails to pay it take consideration a fraud; and a breach of contract. This is an act of a foreigner that occurs in the territory of Vietnam; so Vietnamese law regulates and strictly handles it.
Procedures for initiating lawsuits for money from foreigners in Vietnam
When a dispute arises , the parties need to apply conciliation; agreement or negotiation to limit costs in court and save time. However, not all negotiations are successful; so it is inevitable that the two sides will bring the case to the Court for settlement.
- File a petition to the competent People’s Court
- Application handling
After receiving the lawsuit file; if the case falls into the case of returning the lawsuit petition as prescribed, the court shall return the lawsuit petition and enclosed documents and evidences.
If the case is not in the case of returning the lawsuit petition but the lawsuit petition is not in accordance with the prescribed form or does not have all the prescribed contents; the court shall notify the petitioner of amendments and supplements within the fixed time limit.
- Firstly, court fee advance payment, if the case is eligible for lawsuit; and the lawsuit petition has been made; accordingly regulations the Court shall allow the plaintiff to pay the court cost advance within 15 days from the date of receipt of the notice.
- Secondly, mediation and preparation for trial
- Lastly, open the trial court Above is the content of the article on regulations on civil transactions related to foreigners; and how to deal with foreigners; when money is stolen in Vietnam.
Finally, If you have any questions regarding the content of the article Foreigners sue foreigners in Viet Nam for money? or other legal requirements, please contact us LSX Law firm : +84846175333 or Email: firstname.lastname@example.org
Complaint petition (according to the form);
Documents and evidences to prove that the lawsuit claim is grounded and lawful (property loan contract)
Authorization contract between the parties
Identity card, household registration book (notarized or authenticated)