Guidance on Applying Temporary Emergency Measures along with Filing a Lawsuit

Article 3 of Resolution 02/2020/NQ-HDTP (Effective from December 1, 2020) stipulates the application of provisional emergency measures concurrently with the filing of a lawsuit petition as provided in Clause 2, Article 111 of the Civil Procedure Code as follows:

- When there is one of the following bases, concurrently with the filing of a lawsuit petition (the lawsuit petition must be made conformable to Article 189 of the Civil Procedure Code), the agency, organization, or individual has the right to request the competent Court to issue a decision to apply the provisional emergency measures stipulated in Article 114 of the Civil Procedure Code:

+ Due to urgent circumstances, which necessitate immediate resolution without delay;

+ Immediate protection of evidence in cases where the source of evidence is being destroyed, at risk of being destroyed, or may be difficult to collect later;

+ Prevention of serious potential consequences (material or spiritual consequences).

- The competent Court to issue a decision to apply provisional emergency measures is the Court that has the authority to accept the lawsuit petition and resolve the case according to the provisions of Articles 35, 36, 37, 38, 39, and 40 of the Civil Procedure Code.

- In cases where the lawsuit petition falls under the jurisdiction of another Court, the Court that received the lawsuit petition shall immediately transfer the lawsuit file and the request for the application of provisional emergency measures to the competent Court for resolution.

- In cases where the lawsuit petition already contains the contents to determine the acceptance and resolution of the case under the jurisdiction of the receiving Court but needs to amend or supplement other contents, the Court shall handle the request for the application of provisional emergency measures immediately according to Clause 3, Article 133 of the Civil Procedure Code and the guidance in Article 11 of this Resolution. The request for amendment and supplementation of the lawsuit petition and the acceptance of the case shall be carried out according to Articles 193 and 195 of the Civil Procedure Code.

Respectfully!