VIETNAM Law and Practice Contributed by: Stephen Le Hoang Chuong, Le & Tran
8.4 Setting Aside Settlement Agreements Out-of-court Settlement Agreements These are binding agreements between the parties, which can only be revoked if one party requests the court to nullify such settlement agreement. In such cases, parties can invoke a justification provided by the Civil Code, such as lack of civil capacity, misunderstanding, fraud, or coercion. Judicial Settlement Agreements They can only be set aside according to the cas- sation procedures and only if there are grounds to believe that such agreement was reached as a result of mistake, deception, intimidation, force or if it contravenes the law or social ethics. 9. Damages and Judgment 9.1 Awards Available to the Successful Litigant The forms of award available to a successful liti- gant in Vietnam vary depending on the type of case and the relief sought by the litigant. How- ever, some of the most common forms of award include: • Damages: Damages are a monetary award that is intended to compensate a litigant for the losses that they have suffered as a result of the defendant’s wrongful conduct. Damag- es can be awarded for both economic losses (such as lost profits or medical expenses) and non-economic losses (such as pain and suf- fering or emotional distress). • Specific performance: Specific performance is an order that requires the defendant to per- form a specific act, such as returning property to the plaintiff or performing a contract. Spe- cific performance is typically only awarded in
involved parties’ agreements shall take effect immediately after they are issued and are not eli - gible for appeal under the appellate procedures. 8.2 Settlement of Lawsuits and Confidentiality Out-of-court Settlement In the event of an out-of-court settlement, which is usually followed by the withdrawal of the law - suit, only the withdrawal is made public. Conse- quently, an out-of-court settlement can remain confidential. Judicial Settlement As set forth in 1.3 Court Filings and Proceed- ings , in Vietnam, except for cases regarding confidential information (ie, regarding state secrets, cultural traditions, minors, or profes- sional, business, personal, or family matters), judgments and decisions may be publicly avail- able via court-related websites. As a result, the content of the settlement is likely to be made public, with the details of the involved parties being encrypted. 8.3 Enforcement of Settlement Agreements For out-of-court settlement agreements, such as when the litigant withdraws the case, the enforcement agency cannot directly enforce the settlement agreement. In the event of a violation, the party must file a claim for breach of contract with the appropriate court to obtain a judgment that is enforceable. However, judicial settlement agreements shall have the same effect as a final and binding judgment. If a party fails to fulfil their obligations under the settlement agreement, the other party may initiate legal action to enforce the agree- ment, namely requesting the enforcement agen- cy to enforce the judgment/decision.
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