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The Supreme People's Court of Vietnam: Benchbook Online

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1.1. Receiving a petition


Related legal documents
  • Ordinance on Procedure for Resolving Administrative Cases (amended and supplemented in 1998 and 2006) (hereinafter referred to as OPRAC)

  • Main tasks and practical skills:

    • There must be a receipt book of petitions to record the date of receipt of a petition, which shall be used as a ground for determining the date of initiation of a legal action and considering whether the time limit for initiating a legal action has expired or not.
    • Procedure for receiving a petition shall be as follows:
      - Where the petitioner files the petition directly with the Court, the date of filing of the petition must be recorded in the receipt book. The date of filing of the petition shall be considered as the date of initiation of a legal action.
      - Where the petitioner sends the petition to the Court by post, the date of receipt of the petition must be recorded in the receipt book. The date that the petition is sent (according to the date sealed on the envelope by the post office, from which which the petition was sent) must also be recorded in the book of receipt of petitions. The envelope with the seal must be attached to the petition. The date sealed on the envelope by the post office shall be treated as the date of initiation of a legal action. If it is impossible to identify the date sealed on the envelope, the Court must put a notation in the receipt book, that is “Date of post office’s seal could not be identified”. In this case, the date on which the Court receives the petition sent by post shall be treated as the date of initiation of a legal action.
    • Date of receipt of the petition must be written on the left top of the petition.