Guidelines for the declaration of the application of provisional emergency measures in Vietnam

Guidelines for the declaration of the application of provisional emergency measures in Vietnam (Image from the Internet)

According to Article 19 of Resolution 02/2020/NQ-HDTP (Effective from 01/12/2020), the declaration of the application of provisional emergency measures in the Court's judgment shall be carried out as follows:

1. The Court shall apply, change or cancel provisional emergency measures prior to the opening of the court hearing or at the court hearing with a separate decision and pronounced in the judgment. The declaration in the judgment is guided in Clauses 2 and 3 of this Article.

2. In case there is no ground to change or cancel the provisional emergency measure already taken, the Trial Panel shall declare in the judgment as follows: “Continuing to maintain the provisional emergency measure in the Decision No. dated .... of the People's Court .... on the application of provisional emergency measure .... ” The statement of provisional emergency measure in the judgment shall not be appealed or protested. The cancellation of provisional emergency measure shall comply with Chapter VIII of the Civil Procedure Code.

For example: Example: Before the opening of the court hearing, the judge assigned to settle the case issued Decision No. 02/2020/QD-BPKCTT dated December 5, 2020 of the People's Court of district A applying provisional emergency measures in form of attachment of property to secure judgment enforcement in case X. At the court hearing to resolve case X, the Trial Panel finds that there are no grounds to cancel this provisional emergency measure, so the Trial Panel declares in the judgment as follows: “Continuing to maintain provisional emergency measure in Decision No. 02/2020/QD-BPKCTT dated December 5, 2020 of the People's Court of District A on the application of provisional emergency measure in form of attachment of property in dispute”.

3. Where the content of the decision on application of provisional emergency measure has been settled in the court judgment, the Trial Panel shall declare in the judgment as follows: “From the date this judgment takes legal effect by law, the decision on application of provisional emergency measure No ... dated ... of the People's Court ... in the process of settling the case is canceled ”.

For example: For example: Before the hearing, the judge assigned to resolve the case has issued a decision to take provisional emergency measure to grant temporary custody of the child to the father. At the court hearing, the Trial Panel grant the official custody of the child to the mother. In this case, the content of the decision on application of provisional emergency measure has been settled in the court judgment. Therefore, the decision on provisional emergency measure to grant temporary custody of the child to the father will be canceled from the date that such judgment of the Court takes legal effect.

Best Regards!