In the 2026 civil litigation system, a Statement of Claim is identified as the foundational legal document, playing a decisive role in activating the process of protecting the lawful rights and interests of individuals and organizations before judicial authorities. A professionally drafted Statement of Claim that meets all legal and technical standards will optimize the acceptance process and create an initial advantage for the plaintiff in persuading the Court of the legitimacy and grounds of the claim.
This article is prepared by the expert team at Trần & Trần Intellectual Property Co., Ltd., aiming to provide a detailed and accurate roadmap for the drafting process of a Statement of Claim, with a particular focus on commercial and intellectual property disputes within the context of current laws.
Legal Nature and Value of the Statement of Claim
A Statement of Claim is a document expressing the will of an individual, agency, or organization requesting a competent Court to resolve a specific dispute to protect infringed rights. According to the provisions of the Civil Procedure Code, this is the only official method to initiate a civil case.
The value of a Statement of Claim lies not only in providing information to the Court but also as a basis for determining the scope of the trial. The Court will only consider and issue rulings on the contents clearly stated in the petition and subsequent valid supplemental requests. Therefore, identifying the wrong request or presenting a lack of logic can lead to the loss of opportunities to claim damages or restore the inherent rights of the business.
Prerequisites for Exercising the Right to Sue
Before proceeding with the drafting of the petition, the petitioner needs to review the mandatory conditions to ensure the dossier is not returned at the initial review stage.
Infringement of Lawful Rights and Interests
The petitioner must prove that they possess ownership, use rights, or lawful interests associated with the object of the dispute. In the field of intellectual property, this means the applicant must own a Trademark Registration Certificate, Industrial Design Patent, or evidence of copyright that is still in effect.
Statute of Limitations
Every type of dispute has a statute of limitations prescribed by law. Filing a petition beyond this period will result in the plaintiff’s request not being accepted by the Court for resolution, except in cases of objective obstacles or force majeure events as prescribed.
Jurisdiction of the Court
Correctly determining whether the case falls under the People’s Court at the district or provincial level, as well as determining the Court according to administrative boundaries (where the defendant resides or where the disputed property is located), is a key technical factor. Confusion regarding jurisdiction will waste time and disrupt the subject’s rights enforcement plan.
Detailed Content Structure of a Professional Statement of Claim
A standard Statement of Claim should be built based on the structure prescribed in Article 189 of the 2015 Civil Procedure Code, including the following vital components:
Identification of Litigants
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Plaintiff: Provide full information on name, residential address, headquarters, and electronic identification information such as phone number and email address to facilitate the electronic service of process following the 2026 trend.
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Defendant: It is necessary to provide the most accurate address possible for the sued party. In cases of trademark infringement in cyberspace, determining the defendant’s address often requires specialized search techniques.
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Persons with Related Rights and Obligations: Clearly state the information of parties whose interests are tied to the outcome of the lawsuit so the Court can perform the summons.
Presentation of the Case and Grounds for the Lawsuit
This is the part of the content that requires absolute logic and accuracy. The drafter needs to:
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Present the dispute developments in chronological order.
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Clearly state the specific infringing acts of the defendant (e.g., the act of producing goods bearing confusingly similar trademarks).
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Accurately cite specific clauses in the contract (if any) and legal documents as the basis for the argument.
Specific Relief Requested
Requests must be clearly quantified. For example, for economic disputes, it is necessary to state the principal debt, interest rates, and actual damages. For trademark disputes, requests often include: compelling the termination of the infringing act, destroying infringing goods, a public apology, and compensation for loss of reputation.
System of Documents and Evidence Supporting the Petition
Evidence is the vital factor in asserting the correctness of the Statement of Claim. The petitioner is obligated to submit relevant documents attached to the petition to provide the Court with a basis for consideration.
| Category of Documents | Detailed Components |
| Legal Dossier | Business Registration Certificate, ID card/Citizen ID of the legal representative. |
| Proof of Ownership | Trademark Registration Certificate, Patent for Invention/Industrial Design, or deeds of assignment. |
| Evidence of Infringement | Bailiff’s witness of fact (vi bang) recording the infringement, photos of exhibits, samples of infringing products. |
| Financial Documents | Invoices, expense documents, audit reports proving the damage to revenue caused by the infringement. |
Procedure for Processing the Lawsuit Petition at Court
The process of handling a Statement of Claim is carried out according to strict steps to ensure the objectivity of the law:
Filing the Petition and Attached Dossier
The petitioner can file the petition directly, via post, or use the People’s Court electronic information portal. Filing online in 2026 requires high authenticity through corporate digital signatures or high-level personal identification.
Petition Appraisal Stage
Within the prescribed time, the assigned Judge will consider the formal and substantive elements of the petition. If the petition meets all standards, the Court will issue a notice to pay the court fee advance.
Official Acceptance Stage
After the petitioner submits the receipt for the payment of the court fee advance, the Court will issue a notice of acceptance of the case and send it to the relevant parties. This is an important milestone marking the official resolution of the dispute according to civil procedure.
Specialized Aspects in IP Dispute Statements of Claim
Intellectual Property (IP) disputes often require the content of the Statement of Claim to be of higher academic and technical nature.
Analysis of Confusing Similarity
The petition needs to provide detailed analyses of the composition, pronunciation, meaning, and form of expression of the infringing trademark compared to the protected trademark. Presenting these assessments from the visual and auditory perspective of the average consumer is essential.
Use of Specialized Assessment Conclusions
In many cases, attaching an assessment conclusion from the Vietnam Intellectual Property Research Institute (VIPRI) right in the lawsuit dossier will help speed up the acceptance process. This is considered evidence with high legal value helping the Judge accurately identify the infringing act.
Proving Intangible Damages
Damage in the field of branding is not just about declining revenue figures but also the decline in brand prestige and value. The petition needs to argue tightly about how the infringing act has diluted the brand or caused long-term negative impacts on the business.
Common Mistakes to Avoid to Prevent Petition Return
In litigation practice, many petitions are returned due to avoidable errors:
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Lack of Defendant’s Address Information: When the Court cannot serve documents due to an inaccurate address, the case may be suspended.
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Vague Requests: Making vague requests such as “requesting handling according to the law” without specifying measures will make it difficult for the Court to accept the case.
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Failing Mandatory Mediation: Certain specific types of disputes require going through a mediation process at the grassroots level or a mediation center before being brought to Court.
Intellectual Property Services at Trần & Trần Intellectual Property Co., Ltd.
With a highly qualified and experienced staff in the field of intellectual property, we believe that Trần & Trần is among the leading intellectual property companies in Vietnam. Our company brings professionalism to our customers in registration services and the enforcement of intellectual property rights in Vietnam, Laos, Cambodia, and Myanmar.
Through our understanding of intellectual property law and many years of practical experience by our consultants, Trần & Trần ensures that the intellectual assets of our clients are protected in Vietnam and Southeast Asian countries. We understand that intellectual assets constitute a vital part of the total assets of any company, and we recognize that the registration, valuation, transfer, and enforcement of intellectual assets in unfamiliar environments can be a major challenge for corporations establishing branches and business operations abroad.
Therefore, our mission is to ensure your intellectual assets are fully protected by local laws. Our team of lawyers and consultants has the full capacity and experience to provide professional services in the protection and enforcement of all intellectual property rights for patents, trademarks, industrial designs, and copyrights in all sectors such as biotechnology, pharmaceuticals, telecommunications, electronics, electricity, and mechanical engineering, etc.
Conclusion
The preparation of a Statement of Claim is a strategic step in the journey of enforcing justice and protecting corporate assets. A dossier that is thoroughly invested in content and evidence not only saves time and costs but also demonstrates the determination and professionalism of the petitioner before the judicial agency. In the 2026 economic context, strict compliance with legal regulations on the Statement of Claim is the most effective method for businesses to protect their integrity and competitive advantage.
I and the team of associates at Trần & Trần always understand the challenges that businesses face when intellectual property assets are infringed. With a sense of responsibility and experience accumulated since 2013, we are always ready to support our clients in establishing firm legal grounds, ensuring all corporate rights are enforced in the most fair and complete manner in Vietnam as well as in the international arena.
Contact Information: Trần & Trần Intellectual Property Co., Ltd.
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Email: ip@trantran.vn
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Address: Room 802, Talico Building, 22 Ho Giam Street, Dong Da District, Hanoi.
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Hotline: 024 3732 7466
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Office Hours: 8:00 AM – 18:00 PM (Monday to Friday).
