VIETNAM Law and Practice Contributed by: Stephen Le Hoang Chuong, Le & Tran
7. Trials and Hearings 7.1 Trial Proceedings
If a party is dissatisfied with the judgment, they may have the right to appeal to a higher court. The appeals process includes a review of the case record, written arguments, and, in some cases, oral arguments at the appellate level. 7.2 Case Management Hearings Shorter hearings in Vietnam are designed to address specific issues efficiently and effective- ly, allowing the legal process to move forward while ensuring that parties have an opportunity to present their arguments and seek relief when necessary. The court will typically begin by hearing from the attorneys for the parties. The attorneys will pre- sent their arguments for or against a motion or application. The court may then ask questions of the attorneys. If the court determines that a hearing is neces- sary, the parties will be allowed to present wit- nesses and evidence. However, the court may limit the scope of the hearing to the specific issue that is being considered. After the parties have presented their evidence, the attorneys will have an opportunity to make closing arguments. The court will then deliberate on the motion or application and issue a ruling. Case management hearings are typically held before more complex trials or hearings to help the court manage the timetable leading up to the hearing or trial. These hearings can be held at any time during the pre-trial process, but they are most common in cases where there are many complex issues to be addressed. The purpose of a case management hearing is to:
Trials in Vietnam are typically conducted in an oral and adversarial manner. This means that the parties to the case have the opportunity to present their arguments and evidence to the court through oral argument and witness/expert examination. The trial process begins with the opening state- ments of the parties. The plaintiff’s attorney will present the plaintiff’s case, the defendant’s attorney will then present the defendant’s case, and the interested parties’ attorney may present an opinion on the case. After the opening statements, the parties will present their evidence. This may include witness testimony, expert testimony, and documentary evidence. The parties will also have the oppor- tunity to cross-examine each other’s evidence and witnesses. The court and the procuracy will then cross- examine the litigants. After the parties have presented their evidence, the attorneys will give their closing arguments. The plaintiff’s attorney will summarise the plain- tiff’s case and argue for a favourable judgment. Afterwards, the defendant’s attorney summaris- es the defendant’s case and argues for a favour- able judgment. Then, the procuracy will give their opinion on the resolution of the case. The court will then deliberate on the case and issue a judgment. The judgment will be based on the evidence presented at trial and the appli- cable law.
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