Procedures for the Application of Provisional Urgent Measures

Procedures for the Application of Provisional Urgent Measures

1. A person requesting the Court to apply a provisional urgent measure must submit a petition to the competent Court. The petition shall contain the following principal particulars:

a) Date of the petition;
b) Name, address, telephone number, fax number, and email address (if any) of the requester;
c) Name, address, telephone number, fax number, and email address (if any) of the person against whom the measure is requested;
d) Summary of the dispute or of the act infringing upon the lawful rights and interests of the requester;
đ) Reasons for the necessity of applying the provisional urgent measure;
e) The provisional urgent measure requested and specific requirements.

Depending on the requested measure, the requester must provide the Court with evidence proving the necessity of applying such provisional urgent measure.

2. Requests for provisional urgent measures under Clause 1, Article 111 of the Civil Procedure Code shall be resolved as follows:

a) If the Court receives the petition before trial, the Judge assigned to the case shall review and resolve it. Within 03 working days from the date of receipt, if no security measure is required or immediately after the requester fulfills the security measure under Article 136 of the Civil Procedure Code, the Judge must issue a decision to apply the measure; if the request is denied, the Judge must notify the requester in writing, stating reasons.

b) If the Trial Panel receives the petition during the hearing, it shall review, deliberate, and resolve it in the courtroom. If the request is accepted, the Trial Panel shall issue a decision immediately or after the requester fulfills the required security measure under Article 136. Proof of compliance must be presented before the deliberation session. If the request is denied, the Trial Panel must immediately announce this in the courtroom and record it in the minutes of the hearing.

3. Requests under Clause 2, Article 111 of the Civil Procedure Code: Upon receipt of the petition together with the statement of claim and supporting evidence, the Chief Justice shall immediately assign a Judge to review it. Within 48 hours from receipt, the Judge must issue a decision either granting or refusing the measure. If refused, written notice with reasons must be provided.

4. For measures under Clauses 10 and 11, Article 114 of the Civil Procedure Code, only accounts or assets equivalent in value to the obligor’s financial obligation may be frozen.

Procedures under Clause 2, Article 133 of the Civil Procedure Code

1. If the Court receives a petition before trial:

a) Within 03 working days, the Judge must review the petition and supporting evidence. If incomplete per Clause 1, Article 133, the Judge shall require amendment. If evidence is insufficient, the Judge may request additional materials within 24 hours. The Judge may also seek opinions of parties if necessary.

The Judge may request the respondent’s opinion if this ensures a proper decision and does not affect enforcement. However, in cases involving intellectual property rights under Clause 2, Article 206 of the Law on Intellectual Property, such opinion shall not be sought.

b) After review, if the request involves measures under Clauses 1, 2, 3, 4, 5, 9, 12, 13, 14, and 17 of Article 114, the Judge shall issue a decision immediately. For measures under Clauses 6, 7, 8, 10, 11, 15, and 16, the Judge shall require the requester to provide security before issuing the decision.

2. If the Trial Panel receives the petition during the hearing:

a) If accepted without security, the Trial Panel shall issue a decision immediately;
b) If security is required, a decision shall be issued upon proof of compliance;
c) If evidence is insufficient, the Trial Panel may adjourn the hearing for up to 02 working days under Point c, Clause 1, Article 259;
d) If denied, the Trial Panel must announce this immediately and record it in the minutes.

Procedures under Clause 3, Article 133 of the Civil Procedure Code

If the Court receives a petition outside working hours (including weekends/holidays), the receiver must report immediately to the Chief Justice, who assigns a Judge to resolve it.

Within 48 hours, the Judge must review the petition, the claim, and evidence to determine jurisdiction. If within jurisdiction, the Judge shall proceed under Clause 1, Article 10 of Resolution 02/2020/NQ-HĐTP. If not, the petition and attached evidence shall be returned.

Determining Equivalent Value in Freezing Assets (Clause 4, Article 133 CPC)

When applying measures under Articles 124 and 125 CPC:

• The obligor’s liability is based on the claim, counterclaim, and independent claim of related parties;

• The Court may only freeze accounts/assets equal to or less than the obligor’s liability;

• The requester must prove asset/account values and is responsible for the accuracy of evidence;

• If indivisible assets exceed the liability, the Court shall explain for the requester to amend. If the requester insists, the Court shall refuse under Clause 4, Article 133.

Legal Grounds:

• Article 133, Civil Procedure Code 2015;

• Articles 10, 11, 12, Resolution No. 02/2020/NQ-HĐTP guiding provisional urgent measures.