Discussion on the provision “the conditions for initiating lawsuits prescribed by law are not fully satisfied” stipulated by the Article 192(1)(b) of the Vietnam Civil Procedure Code 2015 and its practical application in courts

Abstract

The provision of “the conditions for initiating lawsuits as prescribed by law are not fully satisfied” is not new in procedural law; however, its interpretation and application in practice remain inconsistent and ambiguous, causing many difficulties for individuals and businesses in initiating lawsuits. This article analyzes the provision of “conditions for initiating lawsuits as prescribed by law are not fully satisfied” stipulated by the Article 192(1)(b) of the Vietnam Civil Procedure Code 2015 and practical drawbacks encountered by courts at various levels during the acceptance and resolution of such cases. Based on the analysis, the author proposes recommendations of civil procedures.