VIETNAM Law and Practice Contributed by: Stephen Le Hoang Chuong, Le & Tran
However, when a party needs to sue someone located outside the jurisdiction, specific proce- dures come into play. Permission from the court is typically required to serve documents abroad, and this process often involves co-ordination with the central authority of Vietnam. Interna- tional agreements or treaties may also stream- line the service of process with certain countries. It is worth noting that translations of documents may be necessary when serving documents outside of Vietnam, adhering to the language requirements of the foreign jurisdiction. Effec- tive service of process is essential to uphold due process rights and grant the defendant an opportunity to respond to the lawsuit, making it imperative for parties to navigate these proce- dures diligently and often with legal guidance. 3.6 Failure to Respond The defendant’s failure to respond to a lawsuit shall not prevent the court from resolving the matter. To resolve the case, the court will rely on the evidence presented by the litigant and the evidence collected as part of the case file. When a summons is delivered, and the defend- ant fails to appear without a valid reason or leaves the courtroom without permission during a hearing, the court may grant a default judg- ment. This approach underscores the commitment to due process and the equitable resolution of dis- putes, even in situations where a defendant is absent from their residence. 3.7 Representative or Collective Actions Currently, the CPC does not regulate the con- cept of class actions.
However, the law does allow multiple entities or individuals to join cases against one or more entities or individuals regarding one or more legally related matters to be resolved within the same case. Although the law allows multiple individuals to jointly participate in a lawsuit, the essence of the process is that when individu- als perceive their rights or property to be vio- lated, they must directly sign the petitions and independently submit them. Afterward, they can delegate authority to a representative to act on behalf of a group of plaintiffs seeking compen- sation. During the jurisdictional process, the court may decide to consolidate separate cases for resolu- tion within the same lawsuit when it determines that there is a common defendant, and the scope of the claims is similar. However, whether multiple cases are consolidated or remain sepa- rate is entirely at the court’s discretion and not based on the plaintiffs’ preferences. Even in cases where multiple plaintiffs authorise a single attorney to represent them, each case is typi- cally filed separately, and the court handles them independently. 3.8 Requirements for Cost Estimate Vietnam does not have specific requirements mandating lawyers or legal professionals to provide clients with a cost estimate of potential litigation at the outset of a case. However, ethical and professional standards in the legal profes- sion generally encourage transparency in client communication, including discussions about the potential costs associated with legal services.
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