Procedures for Application of Provisional Urgent Measures under the Civil Procedure Code of Vietnam

I. Right to Request the Application of Provisional Urgent Measures

- During the process of case resolution, involved parties, their legal representatives, or the initiating agencies, organizations, or individuals have the right to request the Court to apply one or more provisional urgent measures as prescribed in Article 114 of this Code to temporarily resolve urgent requests, protect lives, health, and property, collect or preserve evidence, and maintain the current status to prevent irreparable damage, ensuring the case resolution or judgment enforcement.

- In emergencies where evidence must be protected immediately or serious consequences must be prevented, agencies, organizations, or individuals may request the competent Court to issue a decision on provisional urgent measures simultaneously with the submission of the lawsuit petition.

- The Court shall only issue a decision on provisional urgent measures on its own motion in cases prescribed in Article 135 of this Code.

II. Jurisdiction to Decide on the Application, Change, or Cancellation

- Before the opening of the trial, the application, change, or cancellation of provisional urgent measures shall be considered and decided by a Judge.

- During the trial, such actions shall be considered and decided by the Trial Panel.

III. Liability for Improper Application

- The requester shall be legally responsible for their request; if an improper request causes damage to the person subject to the measure or a third party, compensation must be paid.

- If the Court improperly applies a measure causing damage to the subject or a third party, the Court must provide compensation if: a) The Court applied the measure on its own motion; b) The Court applied a measure different from the one requested; c) The Court exceeded the scope of the request; d) The Court failed to comply with statutory time limits or failed to apply the measure without a justifiable reason.

- Damage compensation under Clause 2 of this Article shall comply with the Law on State Compensation Liability.

IV. Types of Provisional Urgent Measures

1. Assigning minors or persons with lost/limited capacity to individuals/organizations for care and education.

2. Compulsory advance payment of part of the maintenance obligation.

3. Compulsory advance payment of part of the compensation for health/life infringement.

4. Compelling employers to advance wages, insurance, or medical costs for occupational accidents/diseases.

5. Suspending decisions on unilateral termination of labor contracts or dismissal of employees.

6. Distraint of disputed assets.

7. Prohibition of transfer of property rights regarding disputed assets.

8. Prohibition of changing the current status of disputed assets.

9. Permitting harvest or sale of crops and other products/goods.

10. Freezing accounts at banks, credit institutions, or State Treasuries; freezing assets at storage locations.

11. Freezing assets of the obligor.

12. Prohibition of or compelling certain acts.

13. Prohibition of exit from the country for the obligor.

14. Prohibition of contact with domestic violence victims.

15. Suspending bid closing and related bidding activities.

16. Arrest of aircraft or sea-going vessels to ensure case resolution.

17. Other measures prescribed by law.

V. Specific Provisional Urgent Measures

1. Suspending unilateral termination/dismissal decisions:

Applied if the case involves illegal termination or disciplinary dismissal under labor laws.

2. Distraint of disputed assets:

Applied if there are grounds showing the person holding the assets is dispersing or destroying them.

3. Prohibition of transfer of property rights:

Applied if there are grounds showing the possessor is attempting to transfer rights to others.

4. Prohibition of changing status:

Applied if there are grounds showing the possessor is dismantling, assembling, or constructing further to change the asset's status.

5. Freezing accounts:

Applied if the obligor has accounts and it is necessary for case resolution or enforcement.

6. Freezing assets of the obligor:

Applied if the obligor has assets and it is necessary for case resolution or enforcement.

7. Prohibition of exit:

Applied if the case relates to their obligations toward the State or others, and their exit affects case resolution or the interests of the State/others.

VI. Procedures for Application

1. Application File: The requester must submit a written request including:

• Date; names and addresses of requester and respondent; summary of the dispute/infringement; reasons for the measure; specific measure requested.

• Evidence proving the necessity of the measure.

2. Standard Case:

• Before trial: The Judge decides within 03 working days. If security is required, the decision is issued immediately after security is provided.

• At trial: The Trial Panel decides in the courtroom.

3. Emergency Case (with Lawsuit): The Chief Justice assigns a Judge immediately. The decision must be made within 48 hours.

4. Scope: For account/asset freezing, the value must be equivalent to the financial obligation.

VII. Compulsory Execution of Security Measures

1. Requesters for certain measures (distraint, freezing, exit prohibition, etc.) must provide a bank guarantee or deposit money/precious metals/valuable papers equivalent to potential damage to prevent abuse of the right.

• For emergency cases under Clause 2, Article 111, the time limit to provide security is 48 hours from filing.

2. Deposits must be made into a blocked account at a bank designated by the Court.

VIII. Enforcement

- Decisions are enforced according to the law on civil judgment enforcement.

- For assets with registered ownership/use rights, the involved party must submit a copy of the decision to the relevant registration authority.