VIETNAM Law and Practice Contributed by: Stephen Le Hoang Chuong, Le & Tran
• permitting the harvest and sale of subsidiary food crops or of other products or commodi- ties; • freezing accounts at banks, other credit insti- tutions, and the State Treasury and/or freez- ing property at places of bailment; • prohibiting a party to the litigation from conducting or compelling a party to conduct certain acts; or • other injunctive relief measures as stipulated by law. 6.2 Arrangements for Obtaining Urgent Injunctive Relief In Vietnam, provisional emergency measures can be obtained relatively quickly, especially in urgent cases. If the court receives the dossier for the application of provisional emergency meas- ures before the trial session is opened, the judge assigned to resolve the case shall consider the application within three working days from the day the applications are received. If the appli- cation is submitted at trial, the trial panels shall consider such motion at the time of adjudication. 6.3 Availability of Injunctive Relief on an Ex Parte Basis Provisional emergency measures can be obtained on an ex parte basis – ie, without notice to the defendant and without the defend- ant being present. 6.4 Liability for Damages for the Applicant In Vietnam, an applicant for a provisional emer- gency measure can be held liable for damage suffered by the respondent if the respondent later successfully discharges the provisional emergency measures. This is because the appli- cant must ensure that they have a reasonable basis for applying for the provisional emergency measures, and that they have made all reason -
able attempts to notify the defendant of the application. Some injunctive measures, such as freezing or distraining assets, require the applicant to sub- mit a security deposit to the court before the injunction is granted. The amount of the security deposit must be equal to the value of the prop- erty subject to the injunction. It is designed to protect the interests of the person subjected to the injunction order, and to prevent the abuse of injunctive measures by applicants. The security deposit is deposited in an escrow account at a bank within the time limit set by the court. 6.5 Respondent’s Worldwide Assets and Injunctive Relief In Vietnam, injunctive relief is typically granted within the territorial jurisdiction of the Vietnam- ese courts. This means that any injunctive relief issued by Vietnamese courts generally applies to assets and activities solely within Vietnam. Par- ties seeking to freeze or restrain the worldwide assets of a defendant would need to pursue legal action in the relevant foreign jurisdictions. 6.6 Third Parties and Injunctive Relief The CPC allows the court to grant provisional emergency measures against any person who is not a party in a legal dispute, but whose actions or conduct are directly connected to the sub- ject matter of the dispute and have a significant impact on the rights or interests of the parties involved. 6.7 Consequences of a Respondent’s Non-compliance If a respondent fails to comply with the terms of an injunction in Vietnam, they may be found in contempt of court. Contempt of court is a seri- ous offence and it can result in a fine, imprison- ment, or both.
1528 CHAMBERS.COM
Powered by FlippingBook