In civil, administrative, or commercial business disputes, a statement of claim is the first and most crucial step for the Court to accept and resolve the case. However, not everyone fully understands what a statement of claim is, its legal validity, or the regulations governing it. The following article will provide a comprehensive understanding, updated according to the latest legal regulations of 2026.

I. What is a Statement of Claim?

A statement of claim is a procedural document prepared and submitted by an individual, agency, or organization to a competent Court to request the resolution of a case where their legitimate rights and interests have been infringed upon. It serves as the initial legal basis for the Court to consider accepting the case and to determine the scope of the dispute resolution.

II. Current Legal Basis (Updated 2026)

The legal basis governing the preparation and submission of a statement of claim is currently stipulated in various legal documents, depending on the nature of the case.

According to the 2015 Civil Procedure Code

This is a key legal document governing civil, marriage and family, commercial business, and labor cases. The Code clearly defines the right to sue for individuals, agencies, and organizations; the conditions for filing a lawsuit; the statute of limitations; as well as the mandatory content required in a statement of claim. According to regulations, the statement must include complete information about the competent Court, the parties involved, the content of the dispute, specific requests, and a list of attached documents and evidence. Failure to meet these requirements may result in the statement of claim not being accepted.

According to the 2015 Law on Administrative Procedures

For administrative cases, including lawsuits against administrative decisions or actions by state agencies, the filing process is governed by the Law on Administrative Procedures. This law specifies the conditions for filing, the statute of limitations, and the submission procedure. Compared to civil procedures, administrative procedures have unique characteristics, particularly in identifying the defendant and the jurisdiction for resolution.

According to the 2019 Labor Code

In the labor sector, in addition to general procedural laws, the plaintiff must also refer to the Labor Code to determine the conditions for filing a lawsuit. Some labor disputes require mandatory mediation before a statement of claim can be filed with the Court, except in cases where the law permits direct filing. Failure to follow the correct pre-litigation procedures can result in the statement of claim being returned.

According to the 2024 Land Law

For land disputes, especially those concerning land use rights, the 2024 Land Law clearly stipulates a mandatory mediation procedure at the commune-level People’s Committee before a lawsuit can be filed with the Court in certain cases. The law also clarifies the jurisdiction for resolution between administrative agencies and judicial bodies. Correctly identifying the procedure and the competent authority is a crucial factor in ensuring the statement of claim is accepted in accordance with regulations.

III. Detailed Guide on How to Write a Statement of Claim

To write a statement of claim that complies with legal regulations, you need to follow these steps:

1. Correctly Determine the Court’s Jurisdiction

  • Identify the type of dispute (civil, land, labor, administrative, etc.)

  • Determine the competent Court according to the 2015 Civil Procedure Code or the relevant specialized law

  • Check territorial jurisdiction (usually the defendant’s place of residence/headquarters)

Incorrectly determining jurisdiction can lead to the statement being returned or the case file being transferred.

2. Write the Opening Section of the Statement

The beginning of the statement must include:

  • The national emblem and motto

  • Title: STATEMENT OF CLAIM

  • The “To:” section: clearly state the name of the competent Court

This content must be absolutely accurate.

3. Provide Information about the Plaintiff

You must provide the full:

  • Full name (or organization’s name).

  • Date of birth (for individuals).

  • ID card number or business registration number.

  • Residential address or headquarters address.

  • Phone number (if any).

If there is a legal representative or an authorized representative, clearly state their capacity and attach a valid power of attorney.

4. Provide Information about the Defendant

Include:

  • Full name or organization’s name

  • Residential address or headquarters address

  • Contact information (if any)

If there are any related parties with rights and obligations, they must also be fully listed.

5. Present the Details of the Case

  • Clearly present the sequence of events in chronological order

  • Clearly state the infringing act (if any)

  • Clarify the legitimate rights and interests that were infringed upon

  • Cite relevant contracts, documents, or legal grounds

The content should be concise, coherent, and avoid emotional language.

6. Clearly State the Claims

  • Specify the requests you are asking the Court to resolve

  • If it involves money, the specific amount must be clearly stated

  • You can request compensation for damages, cessation of the infringing act, recognition of ownership rights, etc.

The requests must be clear and consistent with the presented facts.

7. List Attached Documents and Evidence

  • Contracts, receipts, invoices

  • Certificates of ownership/use rights

  • Meeting minutes, written

2. Land Dispute Lawsuit Petition Form (Free 2026)

Land Dispute Lawsuit Petition Form

3. Administrative Case Lawsuit Petition Form (Free 2026)

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