In what cases will the court cancel the application of provisional emergency measures?

Hello, Lawnet would like to answer as follows:

1. In what cases will the court cancel the application of provisional emergency measures in Vietnam?

According to Article 138 of the Civil Procedure Code 2015, the Courts shall immediately issue decisions to cancel the applied provisional emergency measures in one of the following cases:

- It is so petitioned by the persons who have petitioned the application of provisional emergency measures;

- The persons who are obliged to execute the decisions on application of provisional emergency measures shall deposit property as security or other persons apply measures to secure the performance of the obligations toward the petitioners;

- Civil obligations of the obligor terminate as provided for in the Civil Procedure Code 2015;

- The resolution of the cases is terminated according to regulations in the Civil Procedure Code 2015;

- The decisions on application of provisional emergency measures are unconformable to the provisions of the Civil Procedure Code 2015;

- The grounds for application of the provisional emergency measures are no longer existed;

- The cases have been resolved with judgments/decisions of the Courts that have been effective;

- The Courts have returned the lawsuit petitions as prescribed in the Civil Procedure Code 2015.

 In case of canceling the application of provisional emergency measures, the Courts must consider and permit the persons who have petitioned the application of provisional emergency measures to receive back the security invoices which are secured with assets of banks or other credit organizations security money sums, precious metals, precious stones or valuable papers prescribed in Article 136 of the Civil Procedure Code 2015, except for the cases specified in Clause 1, Article 113 of the Civil Procedure Code 2015.

Thus, in your case, your request to cancel the provisional emergency measures that have been applied is one of the cases where the Courts shall immediately issue decisions to cancel the applied provisional emergency measures. The procedure for making a decision to cancel the application of provisional emergency measures is carried out in accordance with the provisions of Article 133 of the Civil Procedure Code 2015.

2. Procedures for application of provisional emergency measures in Vietnam

Procedures for application of provisional emergency measures in Vietnam will be similar to the procedure for applying provisional emergency measures prescribed in Article 133 of the Civil Procedure Code 2015 as follows:

Step 1: The requester seeking the cancellation of the provisional emergency measure must submit a petition to the competent Court.

Step 2: The Court handles the request for cancellation of the provisional emergency measure as follows:

- If the Court receives the petition for cancellation of the provisional emergency measure before the trial session begins, the assigned Judge must review and resolve the case within a period of 03 working days from the date of receiving the petition.

- If the petition for cancellation of the provisional emergency measure is received during the trial session, the Trial Council examines, discusses, and makes an immediate decision during the trial session. If the petition for cancellation of the provisional emergency measure is accepted, the Trial Council must immediately issue a decision to cancel it.

If the petition for cancellation of the provisional emergency measure is not accepted, the Trial Council must announce it during the trial session and record it in the minutes.

3. Effect of decisions on cancellation of provisional emergency measures in Vietnam

Pursuant to Article 139 of the Civil Procedure Code 2015, regulations on the effect of decisions on application, change or cancellation of provisional emergency measures are as follows:

- Decisions on application, change, or cancellation of provisional emergency measures shall take immediate implementation effect.

- The Courts must issue or send decisions on application, change or cancellation of provisional emergency measures to the petitioners, the persons subject to the application thereof, and relevant agencies, organizations and individuals and competent civil judgment-executing bodies and procuracies of the same level immediately after the issuance of such decisions.

Thus, the decision on cancellation of provisional emergency measure shall take immediate implementation effect. At the same time, the Court must issue or send decisions on cancellation of provisional emergency measures to relevant individuals and organizations according to the law.

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