Procedures for application of provisional emergency measures in civil proceedings in Vietnam

Procedures for application of provisional emergency measures in civil proceedings in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Provisional emergency measures in civil proceedings in Vietnam

Provisional emergency measures in civil proceedings in Vietnam under Article 114 of the Civil Procedure Code 2015 include:

- Sending minor persons, legally incapacitated persons, person with limited cognition or behavior control to individuals or organizations for looking after, nurturing, taking care of and educating.

- Forcing the prior performance of part of the alimony obligation.

- Forcing the prior performance of part of the obligation to compensate for damage to individuals whose lives and/or health have been infringed upon.

- Forcing the employers to provide the employees with advance wages, health insurance, social insurance, treatment cost for occupational accidents or occupational diseases or compensations, allowances for occupational accidents or occupational diseases.

- Suspending the execution of decisions on unilateral termination of labor contract or decisions on dismissal of employees.

- Distraining the disputed properties.

- Prohibiting the transfer of property right over the disputed properties.

- Prohibiting the change of the current conditions of disputed properties.

- Permitting the harvesting, sale of subsidiary food crops or other products, commodities.

- Freezing accounts at banks or other credit institutions, State treasury; freezing properties at places of their deposit.

- Freezing properties of the obligor.

- Prohibiting involved parties from performing, or forcing them to perform certain acts.

- Prohibiting the obligors from leaving Vietnam.

- Prohibiting the contact with victims of family violence.

- Suspending the bid closing and activities related to bidding.

- Arresting aircrafts or ships to ensure the lawsuit settlement.

- Other provisional emergency measures provided for by law.

2. Procedures for application of provisional emergency measures in civil proceedings in Vietnam

Procedures for application of provisional emergency measures in civil proceedings under Article 133 of the Civil Procedure Code 2015 are as follows:

- Any person who petitions the Court to apply a provisional emergency measure must make an application and send it to a competent court. Such application must contain the following principal details:

+ Date of the application;

+ Name, address; phone number, fax, e-mail address (if any) of the petitioner for the application of provisional emergency measures;

+ Name, address; phone number, fax, e-mail address (if any) of the persons subject to the application of provisional emergency measures;

+ Summarized contents of the dispute or act of infringing upon the legitimate rights and interests of his/her own;

+ Reasons for the application of the provisional emergency measures;

+ Provisional emergency measures to be applied and specific requirements.

Depending on the requests for application of provisional emergency measures, the petitioners must provide the Courts with evidences to prove the necessity to apply such provisional emergency measures.

- The petition for application of provisional emergency measures in cases specified in clause 1 Article 11 of the Civil Procedure Code 2015 shall be resolved as follows:

+ If the Court receives the application before the court session is opened, the Judge assigned to resolve the case shall consider resolving.

Within 03 working days from the day on which the applications are received, if the petitioners do not have to apply security measures or immediately after such persons apply the security measures prescribed in Article 136 of the Civil Procedure Code 2015, the Judges must issue decisions to apply the provisional emergency measures;

If the applications are rejected, the Judges shall send the petitioners written notification containing explanation;

+ If the trial panels receive the applications at the Court sessions, the trial panels shall consider, discuss and resolve the petitions at the courtrooms.

If the application is accepted, the trial panels shall issue the decisions to apply the provisional emergency measures immediately or when the petitioners have applied the security measures prescribed in Article 136 of the Civil Procedure Code 2015.

The security measures shall be applied since the trial panel has issued the decisions to force the application of security measures but the petitioner must present evidences about the completion of application of security measures before the trial panel members get in the deliberation room;

If the petition for application of provisional emergency measures is rejected, the trial panel shall immediately announce the refusal and recorded it to the Court minute.

- Regarding petitions for application of provisional emergency measures specified in clause 2 Article 111 of the Civil Procedure Code 2015, when the written petitions enclosed with petitions and evidences have been received, Chief Justices of the Courts shall immediately assign Judges to solve the petitions.

Within 48 hours since a petition is received, the Judge shall consider and make decision to apply provisional emergency measures; if the petition is rejected, the Judge shall issue a written notification containing explanation for the petitioner.

- For cases where provisional emergency measures specified in clauses 10 and 11 Article 144 of the Civil Procedure Code 2015 are applied, only accounts, properties valuing equivalent to financial obligations that the persons liable to provisional emergency measures are obliged to fulfill shall be blockaded.

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