VIETNAM Law and Practice Contributed by: Stephen Le Hoang Chuong, Le & Tran
4. Pre-trial Proceedings 4.1 Interim Applications/Motions
The equivalent of dispositive motions does not exist in Vietnamese law. However, the court may refuse to accept the case or dismiss it after it has been accepted, if, upon obtaining the case documents, it determines that the requirements for initiating a lawsuit have not been met. For example, if the case was already resolved by a previous judgment/decision, or the plaintiff fails to proceed with the mediation process as required by laws before they bring the case to court. 4.4 Requirements for Interested Parties to Join a Lawsuit In Vietnamese civil lawsuits, interested par- ties are defined as those who are not directly involved as plaintiffs or defendants, but whose interests and/or obligations are affected by the resolution of the lawsuit. These individuals or entities have the right to participate in the legal proceedings due to their vested interest in the case’s outcome. Where the resolution of a civil lawsuit is related to an interested party but no one requests to include such party in the proceedings, the court is required to include that party in the proceed- ings in the capacity of an interested party. 4.5 Applications for Security for Defendant’s Costs This is not directly applicable under Vietnamese law. However, if the costs are actual and could be determined, the defendant has the right to counterclaim for such costs and apply for an interim injunction in the form of freezing the assets of the plaintiff/claimant to ensure their ability to pay the defendant’s costs.
In Vietnam, it is possible to make interim applica- tions or motions before the trial or substantive hearing of a claim. These interim applications can cover various issues and are not limited to just case management matters. Parties may seek remedies from the court through interim applications to address specific legal issues, protect their rights, or request provisional meas- ures. Common types of interim applications in Viet- nam may include requests for injunctive relief, temporary orders, preservation of evidence, appointment of experts, and other measures to preserve the status quo or prevent irreparable harm until the main trial or substantive hearing takes place. The ability to make interim applications allows parties to address urgent matters or seek pre- liminary remedies before the full adjudication of the case, enhancing the flexibility of the legal process and ensuring that parties have access to interim relief when necessary. 4.2 Early Judgment Applications In general, the litigants cannot obtain a decision on all or parts of the issues before the case is heard and ruled on by the judge. However, to protect their rights, they can make requests to the court through interim applications/motions when they have valid legal grounds for relief. 4.3 Dispositive Motions In common law systems, dispositive motions are requests seeking an order from the trial court dismissing all or a portion of the claims in favour of the moving party without further trial court proceedings.
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