Guidelines on the Decision to Apply, Change, or Cancel Provisional Emergency Measures

According to Article 18 of Resolution 02/2020/NQ-HDTP (Effective from December 1, 2020), decisions to apply, modify, or cancel provisional emergency measures as stipulated in Article 291 of the Civil Procedure Code are implemented as follows:

- During the appellate review preparation phase or at the appellate hearing, if there is a request for the appellate court to apply, modify, or cancel provisional emergency measures, the consideration and resolution are to be carried out in accordance with the corresponding articles in Chapter VIII "Provisional Emergency Measures" of the Civil Procedure Code and the guidance provided in this Resolution.

- In cases where the litigant submits an appeal petition against the first-instance judgment or decision to the first-instance court and includes in the appeal petition a complaint about the decision to apply, modify, or cancel provisional emergency measures of the first-instance court, the first-instance court will inform the litigant that the first-instance court does not have the jurisdiction to resolve the complaint.

In cases where the litigant submits an appeal petition against the first-instance judgment or decision to the appellate court and includes in the appeal petition a complaint about the decision to apply, modify, or cancel provisional emergency measures of the first-instance court, the appellate court will explain to the litigant that the appellate court has not yet accepted the case under appellate procedures and thus cannot consider or resolve the complaint regarding the request to apply, modify, or cancel provisional emergency measures of the first-instance court. After the appellate court accepts the case under appellate procedures, the appellate court will resolve it at the litigant's request.

Sincerely!