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
evidence, clarifies issues and may issue decisions (eg, suspend, terminate or bring to trial). • First-instance trial: The court opens a hearing and issues a judgment. Parties may appeal within 15 days; otherwise, the judgment becomes legally effective. As outlined above, the time from filing a claim to obtaining a first-instance judgment typically exceeds six months. However, in commercial practice, the gap between statutory timelines and real-world case pro- gression can be material. 2.5 Confidentiality According to Article 15.2 of the Civil Procedure Code 2015, court proceedings are public. However, the Court conducts closed hearings in special cases to protect state secrets, national customs and traditions, minors or professional, business, personal and family secrets upon legitimate request of the parties. 2.6 Interim Relief Interim relief is available under Article 114 of the Civil Procedure Code 2015 and includes a wide range of measures aimed at preserving assets, preventing harm and maintaining the status quo. In commercial practice, the most relevant measures include asset distraint, freezing of bank accounts or property, prohibitions on asset transfers and orders requiring or restraining certain acts. In specific cir- cumstances, courts may also suspend contractual or employment-related decisions, restrict a party from leaving Vietnam or take other urgent measures as pro- vided by law. Interim relief is commonly sought, particularly in dis- putes involving asset preservation or risk of dissipa- tion. Courts may grant one or multiple measures with immediate effect. Applicants are generally required to provide security and may be liable for damages if the request is found to be unjustified. 2.7 Final Relief Pursuant to Article 292 of the Commercial Law 2005, 07 types of final relief may apply to a litigant in com- mercial litigation, including:
• specific performance of contracts; • fines for breaches; • forcible payment of damages; • suspension of performance of contracts; • stoppage of performance of contracts; • cancellation of contracts; and • other remedies agreed by the parties are not con- trary to fundamental principles of Vietnamese law, international treaties to which Vietnam is a party and international commercial practices. 2.8 Damages Damages are assessed in accordance with Article 585 of the Civil Code 2015 and as guided by Resolution No. 02/2022/NQ-HDTP: “Actual damage” means damage that has occurred and can be converted into money at the time of com- pensation settlement. Such damage includes: • physical damage is the identifiable actual physical loss of the aggrieved person, including property damage that is unrecoverable; reasonable costs to prevent, limit or remedy the damage; actual income that is lost or reduced because property, health, life, honour, dignity, reputation, rights and other legitimate interests are infringed; and • mental damage is a mental loss caused by infring- ing upon the life, health, honour, dignity, reputation, rights and other personal interests of the aggrieved person or his or her relatives and needs to be com- pensated for that loss. Damage arising after the time of the first settlement of compensation shall be determined at the time of the subsequent settlement of compensation at the request of the aggrieved person.
3. Arbitration 3.1 Prevalence
Arbitration is increasingly prevalent in Vietnam, par- ticularly for higher-value and cross-border disputes. Its use has grown steadily, with institutions such as the Vietnam International Arbitration Centre reporting rising caseloads and broader sectoral coverage.
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