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
ures, consistent with their powers under the Law on Commercial Arbitration 2010. 6.5 Interim Injunctions A party can apply for Interim Injunctions at courts and in arbitration. The applications for interim relief can be made throughout the resolution process. In cases of emer- gency where it is necessary to immediately protect evidence and prevent serious consequences, agen- cies organisations and individuals have the right to request a competent court to issue a decision apply- ing the interim reliefs simultaneously with filing a law- suit with that court. An Arbitral Tribunal can grant interim relief once it has been established. If a party has already requested a Court to apply a measure, they cannot request the Arbitral Tribunal for the same measure and vice versa. 6.6 Summary Judgment Vietnamese law does not recognise summary judg- ment in the common law sense. Instead, the Civil Procedure Code 2015 provides for a simplified procedure that allows for faster resolution but still involves a hearing. This procedure is applied by the court where the case is straightforward, the legal relationship is clear, the evidence is sufficient and the parties’ obligations are largely undisputed. Parties cannot apply for summary judgment directly; the decision to use the simplified procedure rests with the court. 7. Mass Claims and Class Actions 7.1 Procedural Mechanisms Vietnam does not have a formal class action regime comparable to those in common law jurisdictions. However, the Civil Procedure Code 2015 allows multi- ple plaintiffs to bring claims against the same defend- ant and permits courts to consolidate related claims for joint resolution.
In limited circumstances, representative actions may be brought by trade unions on behalf of employees or by consumer protection organisations on behalf of consumers. These mechanisms are the closest equiv-
alents to class actions in Vietnam. 7.2 Standing Requirements
As noted above, Vietnam does not have a class action regime comparable to those in other jurisdictions. However, under the general provisions of Chapter VI of the Civil Procedure Code, in order to participate in a civil lawsuit, a person or entity must generally have a direct interest affected by the dispute (ie, a plaintiff, defendant or person with related rights and obligations). Naturally, the law permits such persons or entities to participate in proceedings through their representatives. In addition, as mentioned above, certain entities are granted standing to bring claims on behalf of others in limited circumstances. In particular, consumer protec- tion organisations may initiate proceedings to protect the common interests of consumers and trade unions may bring claims on behalf of employees in labour disputes pursuant to Chapter IV and Chapter V of the Law on Protection of Consumers’ Rights 2023, Chap- ter XIV of the Labour Code 2019 and Articles 11.3 and 11.4 of the Law on Trade Unions. 7.3 Relief Although Vietnam does not have a formal class action regime, courts may grant a range of civil remedies in cases involving multiple claimants or representative actions. These include restitution, compensation for material and non-material damages, injunctive relief, specific performance and declaratory relief. Damages are calculated based on actual loss directly caused by the defendant’s conduct and are typi- cally calculated individually for each claimant, even in group or representative proceedings. Courts may grant collective remedies, such as injunctions or dec- larations, while determining compensation on a case- by-case basis.
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