VIETNAM Law and Practice Contributed by: Stephen Le Hoang Chuong, Le & Tran
4.6 Costs of Interim Applications/ Motions The applicant/requester shall pay the advance payment of the costs. Depending on the agree- ment of the parties (if any) or the outcome of the case, the court will decide the actual amount borne by each party. In general, if the interim applications/motions are improper or unreason- able, the court may award costs against the applicant. 4.7 Application/Motion Timeframe The timeframe for a court to deal with an appli- cation/motion in Vietnam varies depending on the complexity of the application/motion and the workload of the court. In general, the court aims to handle applications or motions efficiently to ensure a timely resolu- tion of the dispute. If a party requests that an application/motion be dealt with on an urgent basis, the court will typically consider the seri- ousness of the matter and the potential harm that may be caused if the application/motion is not dealt with quickly. In general, within 48 hours or 72 hours from the time of receiving the request, the judge must consider and issue a decision to apply tempo- rary emergency measures; if the request is not accepted, the judge must notify the requester in writing and clearly state the reason. 5. Discovery 5.1 Discovery and Civil Cases In Vietnam, the laws do not provide for a discov- ery mechanism. In Vietnam, the involved parties are mainly responsible for producing evidence and sub-
mitting it to the court. Based on the submitted evidence, the court will resolve the case. Should the court find a need for more evidence, it has the discretion to request the parties to produce supplemental evidence. A party should present evidence to either estab- lish or refute the facts upon which its claims are based. If a party fails to provide evidence or if the evidence provided is insufficient to support the purported claims, the party with the burden of proof will bear the adverse consequences. Before the trial, the court shall hold meeting(s) monitoring the handover, access and disclosure of evidence between the involved parties. 5.2 Discovery and Third Parties It is possible to obtain evidence from third par- ties in a legal proceeding who are neither the plaintiff nor defendant. For instance, if for objec- tive reasons the parties are unable to collect cer- tain evidence on their own, they may request that the court assist in the collection of such evidence. The court may then issue an order to mandate the production of such evidence from a third party. In addition, the court has the discretion to collect evidence from third parties (including relevant entities and individuals) on its own initiative. Failure to comply with such order may result in administrative or criminal sanctions. 5.3 Discovery in This Jurisdiction Vietnamese law is silent on discovery mecha- nisms. 5.4 Alternatives to Discovery Mechanisms In Vietnamese civil cases, the emphasis is on the parties presenting their evidence during the trial,
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