Electronic Filing and Service of Procedural Documents in Civil Proceedings
- Pham Ba Thien
- Jul 25
- 4 min read
Exchange of information through electronic means has become widespread and favored due to its convenience and speed. Recognizing these advantages, the State has progressively implemented electronic means in public administration in general and civil proceedings in particular. In the field of litigation, the receipt and service of procedural documents by courts can now be conducted electronically, as defined by the law as “electronic transactions in civil proceeding[1]”. This change facilitates public participation in court proceedings, especially for individuals in remote or hard-to-reach areas with limited transportation access.
To ensure the effective implementation of filing and service of procedural documents and evidence via electronic means, on December 30, 2016, the Council of Judges of The Supreme People's Court issued Resolution No. 04/2016/NQ-HĐTP, guiding the implementation of certain provisions of the Civil Procedure Code and the Administrative Procedure Law regarding the submission and receipt of petitions, documents, evidence, and the issuance, service, and notification of procedural documents via electronic means. This resolution was subsequently amended and supplemented by Resolution No. 02/2025/NQ-HĐTP dated June 27, 2025, effective from July 1, 2025 (the "Resolution 04 Amendment").
A. WHAT ARE ELECTRONIC FILING AND SERVICE OF PROCEDURAL DOCUMENTS IN CIVIL PROCEEDINGS?
Electronic filing and service of procedural documents in Civil Proceedings refer to the process whereby plaintiffs or litigation participants submit or receive petitions, documents, evidence, and the court issues, serves, or notifies procedural documents via electronic means as stipulated by the Civil Procedure Code.
Currently, there are two forms of electronic filing and service of procedural documents with the court: (i) sending and receiving electronic data messages with the court; and (ii) only receiving electronic data messages issued, served, or notified by the court.
B. HOW CAN CITIZENS CONDUCT ELECTRONIC FILING AND SERVICE OF PROCEDURAL DOCUMENTS IN CIVIL PROCEEDINGS?
To conduct electronic filing and service of procedural documents in civil proceedings, plaintiffs or litigation participants must meet the following conditions:
(1) Possess an email address for sending and receiving electronic data messages to and from the court's electronic information portal;
(2) Have an electronic signature authenticated by a valid digital certificate issued or recognized by an authorized agency or organization;
(3) Successfully register for electronic filing and service of procedural documents as guided by Resolution 04 Amendment;
(4) Fulfill other conditions as prescribed by laws on electronic filing and service of procedural documents and guidelines in Resolution 04 Amendment.
For the first form of electronic filing and service of procedural documents (i) sending and receiving electronic data messages with the court, plaintiffs or litigation participants must meet all four conditions above. For the second form (ii) only receiving electronic data messages issued, served, or notified by the court, plaintiffs or litigation participants only need to meet conditions (1) and (3).
C. WHAT IS THE CURRENT STATUS OF ELECTRONIC FILING AND SERVICE OF PROCEDURAL DOCUMENTS IN CIVIL PROCEEDINGS AT COURTS?
Pursuant to Clause 2, Article 23 of Resolution 04 Amendment, the application of electronic filing and service of procedural documents at The Supreme People's Court, People's Courts of Provinces, and People's Courts of Region is implemented when conditions are met. Additionally, The Supreme People's Court will publish a list of courts implementing electronic filing and service of procedural documents in civil proceedings on its electronic information portal.
Although some courts have piloted or partially implemented electronic filing and service of procedural documents systems in resolving civil cases, as of now, The Supreme People's Court's Portal has not yet published an official list of courts conducting electronic filing and service of procedural documents in Civil Proceedings nationwide. Therefore, to determine whether electronic filing and service of procedural documents in Civil Proceedings are available, citizens should contact local courts directly for detailed information on the application of the same in specific cases.
D. HOW SHOULD CITIZENS HANDLE INTERRUPTED UNSUCCESSFUL ELECTRONIC FILING AND SERVICE OF PROCEDURAL DOCUMENTS?
According to Clause 3, Article 9 of Resolution 04 Amendment, if an electronic filing and service of procedural documents encounters issues and cannot be resolved within three (03) days, the plaintiff or litigation participant must submit the petition, documents, or evidence; and the court must issue, serve, or notify procedural documents via alternative methods as prescribed by procedural laws. Alternative methods may include direct submission at the court or sending via postal services. In such cases, the unresolved three (03) day period is considered an objective obstacle and is not counted toward procedural deadlines.
Challenges faced by citizens when using electronic means in litigation include the complexity of operating electronic platforms established and managed by state agencies, particularly for elderly individuals or those who do not frequently use electronic means. These individuals may still require authorized representatives to exercise their rights in proceedings. Furthermore, while the application of electronic means in litigation facilitates public participation, it still requires compliance with stipulated conditions, among which the requirement for an electronic signature remains uncommon for many citizens today.
For further details, clarifications on issues such as requests for issuance or recognition of electronic signatures, registration for electronic filing and service of procedural documents, or the appointment of representatives in proceedings, feel free to contact Minh Thien Law for further consultation.
[1] For avoidance of the doubt, in this article, all references to the term of “electronic transasctions in civil proceeding” is replaced with the phrase “electronic filing and service of procedural documents in civil proceedings”.
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This article
reflects the author's subjective viewpoint on the main topic mentioned in this article, providing the best reference value at the time of publishing;
is not considered the viewpoint or opinion of any state agency in any case; and
does not constitute legal advice from Minh Thien Law and should not be applied to resolve any specific legal situation.
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