VIETNAM Law and Practice Contributed by: Tony Nguyen, Ta Phuong Thao, Nguyen Minh Duc, Nguyen Phuong Anh, Nguyen Duc Tai and Truong Que Chi, EPLegal
investors. This trend is likely to strengthen as Vietnam aligns with international frameworks such as the Paris Agreement and advances its net-zero agenda. Growth in Energy and Infrastructure Disputes Vietnam’s expanding energy sector, especially in renewables, is driving more disputes over PPAs, tar- iffs, project delays and regulatory changes. The tran- sition from feed-in tariffs to competitive mechanisms has increased legal uncertainty, particularly around risk allocation and payment security. Cross-border arbitration is also on the rise, supported by investment protections under agreements such as the Compre- hensive and Progressive Agreement for Trans-Pacific Partnership and the EU–Vietnam Free Trade Agree- ment. Limitation periods are governed by the Civil Code 2015 and refer to the time limit within which an entity may initiate legal action to request a court to resolve a civil case to protect its lawful rights or interests; upon expiry, such right is lost. The limitation period for contractual disputes is gener- ally 03 years from the date on which the entitled party knows or ought to have known that its lawful rights and interests have been infringed (Article 429 of the Civil Code 2015). 2. Litigation 2.1 Limitation Periods Limitation periods for specific types of disputes are set out in the relevant sector-specific laws. For com- mercial disputes, the limitation period is 02 years from the date of infringement, except as provided in Article 237.1 (e) of the Commercial Law 2005. 2.2 Court Structure Vietnam’s court structure has recently undergone sig- nificant institutional reform as of 01/07/2025. Organi- sation of People’s Courts in Vietnam includes:
• Specialised Courts at International Financial Cen- tres (Specialised Courts); and • Military Courts (central, military zones and equiva-
lents and regional courts). 2.3 Pre-Action Conduct
Vietnam does not recognise “pre-action conduct” as a formal legal term and generally does not impose strict pre-action protocols as seen in common law jurisdic- tions. In principle, civil proceedings do not require mandatory pre-action steps before filing a claim. However, mandatory conciliation is required in cer- tain categories of disputes as a condition precedent to litigation, particularly: • land use rights disputes (Article 235 Land Law 2024; Article 192.1 (b) Civil Procedure Code 2015; Resolution 04/2017/NQ-HDTP); and • individual labour disputes (Article 188 Labour Code 2019). 2.4 Stages of Court Proceedings The main stages of court proceedings in Vietnam are as follows. • Filing of claim: The claimant files a statement of claim with supporting evidence to the competent court (in person, by post or online). The claim must meet statutory form and content requirements. • Assignment and preliminary review: Within three working days, a judge is assigned; within five working days, the judge reviews and may request amendments, accept the case, transfer it or return the claim. • Acceptance of case: If jurisdiction is confirmed, the court notifies the claimant to pay an advance court fee (if applicable). The case is accepted upon submission of the fee receipt (or immediately if exempt). • Notification of acceptance: Within three working days from acceptance, the court notifies all rel- evant parties and the procuracy. • Mediation: Conducted during the pre-trial stage on a voluntary basis, except for non-mediable cases. Successful mediation leads to a recognised settle- ment; otherwise, the case proceeds. • Pre-trial preparation: Typically, one to four months from acceptance (extendable). The judge collects
• Supreme People’s Court; • Provincial People’s Courts; • Regional People’s Courts;
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