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Partner Tung Ngo and Associate Thuc Tran shared their expertise on Vietnam’s Litigation laws and regulations.
Methods of resolving commercial disputes, procedural rules governing commercial litigation, structure and organisation of local courts, and interim remedies available are just a few topics that were discussed in this article.
What are the main methods of resolving commercial disputes?
Civil disputes are mainly resolved via litigation in Vietnamese courts. Commercial disputes can be settled either via litigation or arbitration, mediation, or negotiation.
What are the main procedural rules governing commercial litigation?
In Vietnam, the main procedural rule governing litigation is the Civil Procedure Code 2015 (“CPC”). However, specific rules based on the nature of the dispute can be found across several regulations, such as a separate statute of limitations for commercial disputes or compulsory mediation procedures for labour disputes.
What is the structure and organisation of local courts dealing with commercial claims? What is the final court of appeal?
In Vietnam, the court system is organized into four levels in descending order of hierarchy: Supreme People’s Courts (“Supreme Court”), High People’s Courts (“High Court”), Provincial-level People’s Courts (“Provincial Court”), and District-level People’s Courts (“District Court”).
Pursuant to the CPC, disputes are settled following a two-level adjudication regime of first instance and appellate trials. Depending on the nature of the case, the adjudication of first instance cases may be handled by a provincial court or district court. If there is an appeal, the case will fall under the jurisdiction of the adjacent high court. The Supreme Court is the highest adjudicatory authority, with the ability render retrial decisions which are final and cannot be appealed.
To read the full report, click on: Vietnam: Litigation – Country Comparative Guides (legal500.com)