Lawsuit procedures for goods sales contract disputes

20 March, 2025 55 Views

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Contract disputes in goods sales are inevitable issues in business operations between enterprises. When disputes cannot be resolved through negotiation, the parties often file a lawsuit at the competent People’s Court.

So, how should the parties prepare their lawsuit documents? Which legal regulations apply to these disputes? What are the procedural steps? What is the statute of limitations for filing a lawsuit? BKC Law will provide detailed answers to these questions.

Legal basis for contract disputes in goods sales

Civil Code 2015
Civil Procedure Code 2015 (Law No. 92/2015/QH13)
Commercial Law 2005 (Law No. 36/2005/QH11)
Enterprise Law 2020 (Law No. 59/2020/QH14)

Statute of limitations for contract disputes in goods sales

According to Article 429 of the Civil Code 2015, the statute of limitations for filing a lawsuit over a contract dispute is:

“The statute of limitations for initiating a lawsuit to request the Court to resolve a contract dispute is 03 years from the date the claimant knew or should have known that their legal rights and interests were violated.”

Thus, the statute of limitations for contract-related lawsuits is 2 years, calculated from the date the claimant becomes aware of the violation of their legal rights and interests.

Lawsuit documents and filing procedures for contract disputes in goods sales

Lawsuit Documents for Court Submission

Lawsuit petition (as per the Court’s template)
Personal identification documents and legal documents proving the plaintiff’s and other litigants’ legal status, such as business licenses, company charters, appointment decisions, power of attorney (if applicable). These documents must be officially certified copies as required by the Court.
Agreements and contracts, emails, or other transaction documents equivalent to commercial contracts, meeting minutes, contract appendices (if any).
Supporting documents related to contract execution, such as goods delivery records, acceptance records, payment receipts, debt confirmation statements, meeting minutes, contract liquidation agreements (if applicable).
Other relevant transaction documents held by the parties.

Note: If the documents and evidence are in a foreign language, they must be translated into Vietnamese and notarized according to legal regulations.

Methods for Submitting Lawsuit Documents

Once the lawsuit documents are prepared, the claimant can submit them to the competent Court through the following methods:

Direct submission at the Court.
Submission via postal services.
Online submission through the Court’s electronic portal.

Lawsuit resolution procedures at the court

Step 1: Court Review of the Lawsuit Petition

According to Clauses 2, 3, and 4 of Article 191 of the Civil Procedure Code 2015, the Court follows these procedures when processing a lawsuit petition:

Within 3 working days from the date of receipt, the Chief Justice of the Court assigns a Judge to review the lawsuit petition.
Within 5 working days, the assigned Judge must make one of the following decisions:
a) Request amendments or additional information for the petition.
b) Accept the case and proceed with litigation under regular or simplified procedures.
c) Transfer the petition to the competent Court if it falls under another Court’s jurisdiction.
d) Reject the petition if it does not fall within the Court’s jurisdiction.

If the Court accepts the lawsuit, the claimant must pay an advance court fee (if applicable), after which the Court will issue a case acceptance notice and proceed with the next steps.

Step 2: Trial Preparation at the First Instance Court

According to Clause 1, Article 203 of the Civil Procedure Code 2015:

The preparation time for trial is 4 months from the date of case acceptance for general cases and 2 months for commercial and business disputes.
If the case is complex or faces force majeure or objective obstacles, the Court may extend the trial preparation period by up to 2 additional months for general cases and 1 additional month for commercial and business disputes.
If the case is temporarily suspended, the trial preparation time will be recalculated from the date the case is resumed.

Thus, the Court’s trial preparation period generally ranges from 4 to 6 months.

Step 3: First Instance Trial

Within 1 month from the date of issuing the trial decision, the Court must open the trial.
If there are valid reasons, this period may be extended to 2 months.

Step 4: Appeal Against the First Instance Verdict

According to Article 271 of the Civil Procedure Code 2015, the following individuals and entities have the right to appeal the first-instance verdict:

The litigants
Legal representatives of the litigants
Agencies, organizations, or individuals who initiated the lawsuit

According to Article 273 of the Civil Procedure Code 2015:

The appeal period for a first-instance verdict is 15 days from the date of the verdict announcement.
If the litigant or their representative was absent at the trial, the appeal period starts from the date they receive the verdict or when the verdict is publicly posted.
For appeal submissions via postal services, the appeal date is determined based on the postmark date.
If the appellant is in detention, the appeal date is when the prison warden confirms receipt of the appeal.

Legal consultation and support

For free legal consultation, you can contact our lawyers through the following information:

Phone: 0901 3333 41
Email: info@bkclaw.vn

District 1 Office: 9th Floor, Diamond Plaza, 34 Lê Duẩn, District 1, Ho Chi Minh City
Binh Tan Office: 41 Tên Lửa, Binh Tan, Ho Chi Minh City

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This article is intended to provide general information only and is not intended to provide any architectural solution ideas for any specific case. The legal regulations cited in the article were in effect at the time of posting but may have expired by the time you read it. BKC Law recommends that you consult a professional/lawyer before applying.