{"id":144856,"date":"2026-07-10T11:10:35","date_gmt":"2026-07-10T11:10:35","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=144856"},"modified":"2026-07-10T11:10:35","modified_gmt":"2026-07-10T11:10:35","slug":"vietnam-litigation","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/vietnam-litigation\/","title":{"rendered":"Vietnam: Litigation"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-144856","comparative_guide","type-comparative_guide","status-publish","hentry","guides-litigation","jurisdictions-vietnam"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Indochine Counsel<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2026\/07\/RGB-IC-Logo_Logo-full.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Indochine Counsel<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2026\/07\/RGB-IC-Logo_Logo-full.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Litigation laws and regulations applicable in Vietnam<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the main methods of resolving disputes in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under Vietnamese law, the main methods of resolving commercial disputes are negotiation, mediation by a third party, and dispute resolution by arbitration or the courts.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the main procedural rules governing litigation in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Civil litigation in Vietnam is primarily governed by the 2015 Civil Procedure Code (the <strong>CPC<\/strong>), as amended from time to time, and its implementing regulations. The CPC sets out the key procedural rules, including those on the conditions for initiating and accepting claims; court jurisdiction; the collection and submission of evidence; mediation; first-instance and appellate proceedings; interim emergency measures (interim remedies); service of procedural documents; and the enforcement of court judgments and decisions.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the structure and organisation of local courts dealing with claims in your jurisdiction? What is the final court of appeal?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Vietnam\u2019s civil court system is organised into three levels: the Supreme People\u2019s Court, provincial-level people\u2019s courts and regional people\u2019s courts. The civil court system also includes specialised courts established within the International Financial Centres. Regional people\u2019s courts may comprise specialised divisions, such as criminal, civil, economic, administrative, family and juvenile, bankruptcy and intellectual property divisions.<\/p>\n<p>Civil and commercial disputes are generally heard at first instance by regional people\u2019s courts. First-instance judgments and decisions may be appealed to provincial-level people\u2019s courts. Provincial-level people\u2019s courts also have cassation and reopening jurisdiction over legally effective judgments and decisions of regional people\u2019s courts.<\/p>\n<p>The Supreme People\u2019s Court is the highest judicial body in Vietnam. In civil and commercial disputes, it has cassation and reopening jurisdiction over legally effective judgments and decisions of regional people\u2019s courts and provincial-level people\u2019s courts in accordance with Vietnamese law.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How long does it typically take from commencing proceedings to get to trial in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The CPC does not prescribe an overall timeframe from the filing of a claim to the commencement of a first-instance hearing. In practice, the duration depends on various factors, including the complexity of the case, amendments or supplements to the statement of claim as requested by the court, the payment of the court fee advance, the collection of evidence and the mediation process.<\/p>\n<p>Under the CPC, once the claimant has filed a valid statement of claim and paid the court fee advance, the court will issue a notice accepting the case. Following acceptance, the preparation period for first-instance trial in commercial disputes is two months from the date of acceptance, which may be extended by one additional month for complex cases. Once the court issues a decision to bring the case to trial, the hearing must generally be opened within one month.<\/p>\n<p>In practice, however, the time required from the court&#8217;s acceptance of a commercial dispute to the first-instance hearing is often longer than the statutory timeframe, particularly in cases involving foreign elements, multiple parties or complex evidential issues.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are hearings held in public and are documents filed at court available to the public in your jurisdiction? Are there any exceptions?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>As a general rule, civil and commercial hearings are conducted in public. However, the court may conduct a closed hearing where necessary to protect state secrets, public morals or minors, or at the legitimate request of a party to protect professional secrets, trade secrets, personal privacy or family privacy.<\/p>\n<p>Vietnamese law does not provide a mechanism for public access to court files or documents submitted in court proceedings. Access to the case file is generally limited to the parties and other participants in the proceedings as prescribed by law. During the proceedings, the court may disclose certain documents and evidence where appropriate. However, documents and evidence containing state secrets, information contrary to public morals, professional secrets, trade secrets, personal privacy, family privacy or information relating to minors will not be disclosed where protection is required under the law or at the legitimate request of a party.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the relevant limitation periods in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Vietnamese law provides different limitation periods depending on the nature of the dispute.<\/p>\n<ul>\n<li>For commercial disputes arising from commercial activities (i.e, profit-making activities, including the sale and purchase of goods, the provision of services, investment, trade promotion and other profit-making activities), the limitation period is two years from the date on which the claimant&#8217;s lawful rights and interests are infringed.<\/li>\n<li>For other types of commercial disputes, the limitation period is three years from the date on which the claimant&#8217;s lawful rights and interests are infringed.<\/li>\n<\/ul>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the pre-action conduct requirements in your jurisdiction and what, if any, are the consequences of non-compliance?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Vietnamese law does not prescribe any mandatory pre-action procedures that apply generally to commercial disputes. As a general rule, a claimant may commence court proceedings directly, provided that the conditions for filing a claim under the CPC are satisfied.<\/p>\n<p>In practice, however, the parties may agree to negotiation or mediation as a pre-action procedure. Failure to comply with such agreed procedures will not generally result in the court rejecting the statement of claim or dismissing the proceedings once the case has been accepted.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How are proceedings commenced in your jurisdiction? Is service necessary and, if so, is this done by the court (or its agent) or by the parties?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Civil proceedings in Vietnam are generally commenced when the claimant files a statement of claim, together with the supporting documents and evidence, with the competent court. After reviewing the statement of claim and determining that the conditions for acceptance are satisfied, the court will require the claimant to pay the court fee advance, issue a notice accepting the case and proceed with the litigation in accordance with the CPC.<\/p>\n<p>Service of procedural documents is mandatory for the documents prescribed by the CPC, including notices, summonses, invitations, judgments, decisions, protest decisions, documents issued by civil judgment enforcement authorities and other procedural documents. As a general rule, service is effected by the court or other competent procedural authorities. In certain circumstances prescribed by law, service may also be carried out through local authorities, postal service providers, authorised process servers, or the parties, their representatives or their legal counsel.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How does the court determine whether it has jurisdiction over a claim in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>When determining whether it has jurisdiction over a claim, a Vietnamese court considers several factors under the CPC.<\/p>\n<ul>\n<li>First, the court determines whether the dispute falls within the jurisdiction of the courts (including whether the parties have entered into a valid arbitration agreement that excludes the court&#8217;s jurisdiction) and whether it qualifies as a commercial dispute under Vietnamese law.<\/li>\n<li>Secondly, the court determines territorial jurisdiction. As a general rule, the competent court is the court where the defendant resides or has its registered office. In certain circumstances, the court may also recognise a valid jurisdiction agreement between the parties or apply the statutory rules allowing the claimant to choose the competent court.<\/li>\n<\/ul>\n<p>If the court concludes that it lacks jurisdiction, it will either transfer the case to the competent court or reject the statement of claim in accordance with the CPC.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How does the court determine which law governs the claims in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>For disputes without foreign elements, Vietnamese law applies.<\/p>\n<p>For disputes involving foreign elements, the court determines the governing law in accordance with the conflict of laws rules set out in the 2015 Civil Code and any applicable international treaties to which Vietnam is a party. In particular:<\/p>\n<ul>\n<li>Where an applicable international treaty contains rules on the governing law, those rules prevail. The parties may also agree on the governing law where such choice is permitted under Vietnamese law or the relevant international treaty, provided that the chosen law does not contravene the mandatory provisions of Vietnamese law.<\/li>\n<li>In the absence of a valid choice of law, or where the parties are not permitted to choose the governing law, the court will determine the applicable law in accordance with the conflict of laws rules under the 2015 Civil Code. As a general principle, the law of the country with the closest connection to the legal relationship applies. Where the designated foreign law cannot be ascertained, or where its application would be contrary to the fundamental principles of Vietnamese law, Vietnamese law will apply.<\/li>\n<\/ul>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In what circumstances, if any, can claims be disposed of without a full trial in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under Vietnamese law, a claim may be disposed of without proceeding to a full trial in several circumstances.<\/p>\n<ul>\n<li>The proceedings may be terminated before trial where the court rejects the statement of claim or dismisses the case on any of the statutory grounds, such as where the claimant withdraws the claim, the dispute falls outside the court&#8217;s jurisdiction or the statutory conditions for commencing proceedings are not satisfied.<\/li>\n<li>Where the parties reach a settlement during court-annexed mediation, the judge may issue a decision recognising the parties&#8217; settlement. Such decision takes effect immediately upon issuance and is not subject to appeal under the ordinary appellate procedure.<\/li>\n<li>Where a case involves straightforward facts, a clear legal relationship, sufficient evidence and satisfies the statutory conditions under the CPC, the court may apply the summary procedure instead of the ordinary litigation procedure.<\/li>\n<\/ul>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the main types of interim remedies available in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The CPC provides for 17 interim remedies. In commercial disputes, the most commonly applied measures include:<\/p>\n<ul>\n<li>seizure of disputed assets;<\/li>\n<li>prohibiting the transfer of rights over disputed assets;<\/li>\n<li>prohibiting any change to the status quo of disputed assets;<\/li>\n<li>freezing bank accounts or accounts maintained with other credit institutions, and freezing the assets of the party subject to the relevant obligation; and<\/li>\n<li>prohibiting or requiring a party to perform certain acts.<\/li>\n<\/ul>\n<p>In addition, for certain specialised types of disputes, the court may grant other interim remedies as provided under sector-specific legislation.<\/p>\n<p>The court may grant interim remedies upon the application of a party during the proceedings or, in urgent circumstances prescribed by law, at the time the statement of claim is filed. An applicant may be required to provide security and will be liable for any loss or damage caused by an unjustified application.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">After a claim has been commenced, what written documents must (or can) the parties submit in your jurisdiction? What is the usual timetable?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Once a case has been accepted by the court, the parties may be required or entitled to submit various procedural documents during the proceedings. In particular:<\/p>\n<ul>\n<li>Within 15 days of receiving the notice of acceptance, the defendant and any person with related rights and obligations must submit a written response to the statement of claim, together with the relevant documents and evidence.<\/li>\n<li>The defendant may file a counterclaim, and any person with related rights and obligations may file an independent claim, at any time before the court opens the meeting for the inspection, disclosure and review of evidence and mediation.<\/li>\n<\/ul>\n<p>The parties must submit documents and evidence within the time limit set by the judge, which must not exceed the preparation period for the first-instance trial. However, where there are legitimate reasons or newly discovered evidence that could not reasonably have been known or submitted earlier, additional documents and evidence may still be submitted at the first-instance hearing or at subsequent stages of the proceedings in accordance with the CPC.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the rules for disclosure of documents in your jurisdiction? Are there any exceptions (e.g. on grounds of privilege, confidentiality or public interest)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under the CPC, each party is responsible for collecting and submitting the documents and evidence on which it relies in support of its claims or defences and, as a general rule, must provide copies to the other parties. The court may assist in obtaining evidence or collect evidence on its own initiative in circumstances prescribed by law.<\/p>\n<p>The parties are entitled to inspect, take notes of and copy the documents and evidence submitted by the other parties or collected by the court. The court also conducts a meeting for the inspection, disclosure and review of evidence and mediation to ensure that the parties have access to the relevant evidence and are able to exercise their procedural rights.<\/p>\n<p>However, the CPC provides exceptions to the obligation to provide copies of, or allow access to, certain documents and evidence. Materials relating to state secrets, public morals, professional secrets, trade secrets, personal privacy, family privacy or the protection of minors, where protection is required by law or at the legitimate request of a party, are not required to be disclosed to the other parties or made public.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How is witness evidence dealt with in your jurisdiction (and in particular, do witnesses give oral and\/or written evidence and what, if any, are the rules on cross-examination)? Are depositions permitted?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under the CPC, witness testimony is recognised as a form of evidence. A witness may give evidence in writing, orally before the court, or through audio or video recordings. During the proceedings, the judge may examine a witness either at the court or at another location, either at the request of a party or where considered necessary. Before giving evidence, the witness must be informed of their rights and obligations and undertake to give truthful testimony.<\/p>\n<p>Vietnamese law does not recognise cross-examination in the common law sense. The examination of witnesses at trial is conducted under the direction of the presiding judge. After a witness has given evidence, the presiding judge and other members of the trial panel may question the witness to clarify the facts of the case. The parties and their legal counsel may also question the witness with the permission of the presiding judge. During the pre-trial stage, the judge may also conduct confrontations between the parties and witnesses, or between witnesses, where their statements are inconsistent or at the request of a party.<\/p>\n<p>Vietnamese law does not recognise depositions in the common law sense. Under the CPC, witness statements obtained before trial are collected by the court as part of its evidence-gathering function, rather than through party-led pre-trial examinations conducted by legal counsel.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is expert evidence permitted in your jurisdiction? If so, how is it dealt with (and in particular, are experts appointed by the court or the parties, and what duties do they owe)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Expert evidence is recognised under Vietnamese law in the form of expert conclusions, provided that the expert examination is conducted in accordance with the applicable legal requirements. Experts possess specialised knowledge in the relevant field and may be appointed by the court or engaged at the request of a party in the circumstances prescribed by law.<\/p>\n<p>During the proceedings, a party may request the court to appoint an expert. If the court refuses such request, the party may, in certain circumstances, independently obtain an expert examination in accordance with the law. The court may require an expert to clarify the expert conclusion, summon the expert to attend the hearing, or order a supplementary or repeat examination where the expert conclusion is incomplete, unclear or there are grounds to question its accuracy or legality.<\/p>\n<p>Experts must perform their duties independently, objectively and in accordance with the law. They must attend court when summoned, provide truthful and well-founded opinions, preserve the confidentiality of information obtained during the examination, and avoid any conduct that may compromise their impartiality. An expert must decline, or may be replaced, where a conflict of interest or other circumstances affecting impartiality exists.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can final and interim decisions be appealed in your jurisdiction? If so, to which court(s) and within what timescale?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under Vietnamese law, first-instance judgments and certain first-instance decisions that have not yet taken legal effect may be appealed. In particular, the parties and their legal representatives may appeal first-instance judgments, decisions suspending the proceedings and decisions dismissing the case to the competent appellate court.<\/p>\n<p>An appeal must be filed with the first-instance court that issued the judgment or decision. Once the statutory procedures have been completed, the case file will be transferred to the competent appellate court, which is generally the provincial-level people&#8217;s court.<\/p>\n<p>The time limit for appealing a first-instance judgment is 15 days from the date of pronouncement or, in certain circumstances prescribed by law, from the date on which the appellant receives the judgment. The time limit for appealing a decision suspending the proceedings or dismissing the case is 7 days from the date on which the appellant receives the decision or, where applicable, from the date on which the decision is publicly posted in accordance with the law.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the rules governing enforcement of foreign judgments in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Foreign commercial judgments may only be enforced in Vietnam after they have been recognised and declared enforceable by a Vietnamese court in accordance with the CPC. Recognition and enforcement are conducted on the basis of (i) an applicable international treaty to which both Vietnam and the state where the judgment was rendered are parties, or (ii) the principle of reciprocity where no such treaty exists. In principle:<\/p>\n<ul>\n<li>the judgment creditor, or its lawful representative, may apply for recognition and enforcement where the judgment debtor resides or has assets in Vietnam at the time of the application;<\/li>\n<li>the competent court to hear the application is the regional people&#8217;s court;<\/li>\n<li>the application must be filed within three years from the date on which the foreign judgment takes legal effect; and<\/li>\n<li>the Vietnamese court will not review the merits of the underlying dispute. Instead, it will determine whether the statutory conditions for recognition and enforcement under the CPC, Vietnamese law and any applicable international treaty have been satisfied, including whether any grounds for refusing recognition and enforcement exist.<\/li>\n<\/ul>\n<p>Once recognised and declared enforceable, a foreign judgment has the same legal effect as an effective judgment of a Vietnamese court and is enforced in accordance with the law. A decision recognising and enforcing a foreign judgment may be appealed to the provincial-level people&#8217;s court in accordance with the CPC.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can the costs of litigation (e.g. court costs, as well as the parties\u2019 costs of instructing lawyers, experts and other professionals) be recovered from the other side in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Vietnamese law adopts a costs allocation regime under which certain litigation costs may be recovered from the opposing party, depending on the outcome of the case.<br \/>\nAs a general rule, first-instance court fees are allocated in proportion to the outcome of the proceedings. A claimant whose claims are wholly or partly unsuccessful must bear the court fees corresponding to the unsuccessful portion of its claims, while the unsuccessful party must bear the court fees relating to the claims upheld by the court.<\/p>\n<p>Similarly, litigation expenses such as expert examination fees, valuation costs, on-site inspection and appraisal costs, and judicial entrustment costs are initially advanced by the requesting party but may ultimately be recovered where the court determines that the opposing party is responsible for those costs.<\/p>\n<p>By contrast, each party generally bears its own legal fees unless the parties have agreed otherwise. Likewise, interpretation costs and other expenses incurred at the request of a party are generally borne by that party, unless otherwise provided by law or ordered by the court.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the collective redress (e.g. class action) mechanisms in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The CPC does not recognise a separate collective redress or class action mechanism in civil proceedings. Accordingly, Vietnamese law does not permit one or more claimants to bring proceedings on behalf of a broader group of persons with the same legal interests for the purpose of seeking collective relief in commercial disputes.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the mechanisms for joining third parties to ongoing proceedings and\/or consolidating two sets of proceedings in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The CPC permits third parties to join ongoing proceedings where the resolution of the dispute may affect their rights and obligations. A person with related rights and obligations may apply to join the proceedings, or may be joined at the request of the claimant, the defendant or another party, subject to the court&#8217;s approval. Once joined, such person may assert an independent claim, provided that the statutory conditions are satisfied.<\/p>\n<p>The CPC also provides for the consolidation of proceedings. The court may consolidate two or more separately accepted cases pending before the same court where consolidation would ensure the proper resolution of the disputes in accordance with the law. If the court orders consolidation, it must issue a formal decision and notify the procuracy, the parties and other relevant persons in accordance with the CPC.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are third parties allowed to fund litigation in your jurisdiction? If so, are there any restrictions on this and can third party funders be made liable for the costs incurred by the other side?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Vietnamese law does not contain a specific legal framework governing third-party funding in civil litigation. Accordingly, any funding arrangement between a litigant and a third-party funder would generally be treated as a civil contractual arrangement and governed by the Civil Code and other applicable laws.<\/p>\n<p>There are currently no statutory provisions regulating the rights and obligations of third-party funders in litigation or imposing specific restrictions on such arrangements. Likewise, Vietnamese law does not provide for a third-party funder to be liable for court fees or other litigation costs incurred by the opposing party. Liability for court fees and other litigation costs is determined between the parties to the proceedings in accordance with the CPC and other applicable laws.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the main advantage and the main disadvantage of litigating international commercial disputes in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In our view, the principal advantage of litigating international commercial disputes before Vietnamese courts is that effective judgments may be enforced through Vietnam&#8217;s civil judgment enforcement system once they have taken legal effect.<\/p>\n<p>The principal disadvantage is that court proceedings may be time-consuming, as disputes must follow the statutory procedural framework and, where appeals are filed, may proceed through multiple levels of adjudication.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the most likely growth area for commercial disputes in your jurisdiction for the next 5 years?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Over the next five years, we expect disputes arising from international trade and cross-border supply chains to experience the strongest growth in Vietnam. This trend is likely to be driven by continued foreign direct investment, the implementation of free trade agreements and the ongoing diversification of global supply chains into Southeast Asia, including Vietnam.<\/p>\n<p>We expect disputes to arise particularly in relation to international sale of goods, logistics, mergers and acquisitions and other cross-border commercial transactions. At the same time, disputes involving e-commerce, data and renewable energy are also likely to increase as Vietnam continues to develop its digital economy and energy infrastructure.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, will be the impact of technology on commercial litigation in your jurisdiction in the next 5 years?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Technology is expected to continue improving the efficiency of commercial litigation in Vietnam as the court system advances its digital transformation. The broader adoption of e-courts, electronic case files, electronic filing and service of procedural documents, together with online hearings where permitted by law, should help streamline case management and reduce the time required to resolve disputes.<\/p>\n<p>Artificial intelligence and other digital technologies are also expected to play an increasing role in legal research and court administration. However, the pace and extent of these developments will largely depend on further improvements to the legal framework and the continued modernisation of the Vietnamese court system.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">4059<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/144856","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=144856"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}