Right to Request the Application of Provisional Urgent Measures
1. The litigant, the lawful representative of the litigant, or the agency, organization, or individual initiating a lawsuit as prescribed in Article 187 of the Civil Procedure Code (hereinafter collectively referred to as “litigants”) shall have the right to request the Court to apply one or more provisional urgent measures as stipulated in Article 114 of the Civil Procedure Code in the following circumstances:
a) To temporarily resolve an urgent request of the litigant directly related to the case being adjudicated by the Court, which must be addressed immediately to prevent adverse impacts on the life, health, honor, dignity, or property of the litigant.
Example: A causes injury to B. The Court is resolving the case regarding compensation for damage to health. B urgently requires funds for medical treatment and therefore requests the Court to apply a provisional urgent measure requiring A to perform part of the compensation obligation in advance.
b) To collect and preserve evidence in cases where the litigant obstructs the collection of evidence, or where evidence is being destroyed, is at risk of destruction, or will later be difficult to obtain.
Example: A initiates a lawsuit over a boundary dispute with adjacent land owned by B and requests the Court to apply a provisional urgent measure prohibiting alteration of the current status of the disputed property, requiring B to maintain the existing boundary markers.
c) To preserve the current state of affairs and prevent irreparable damage, that is, to safeguard the relationship or subject matter directly related to the case under adjudication.
Example: In a divorce case, the wife holds a savings account at a bank. The husband requests the Court to apply a provisional urgent measure to freeze the wife’s account in order to ensure the division of marital property.
d) To ensure the resolution of the case or enforcement of the judgment, that is, to secure the conditions necessary for resolving the case and for enforcement once the Court’s judgment or decision becomes effective.
Example: A, as plaintiff, requests the Court to compel B to repay a loan of VND 1,000,000,000. To secure enforcement, A requests the Court to apply a provisional urgent measure freezing B’s asset, namely House X, valued at VND 900,000,000.
2. For cases where provisional urgent measures are applied, during the period of suspension of proceedings, the Judge assigned to the case must monitor and review the modification or annulment of such measures when grounds arise under Points a, b, c, d, đ, and e of Clause 1, Article 138 of the Civil Procedure Code.
During the suspension of proceedings, if there is a request for application of provisional urgent measures, the Judge assigned to the case is responsible for reviewing and deciding on such request.
3. The Court shall not apply provisional urgent measures in the resolution of civil matters governed by Part Six of the Civil Procedure Code.
4. In cases of petitions for recognition and enforcement in Viet Nam of foreign civil judgments or decisions, if the applicant requests the application of provisional urgent measures, the People’s Court handling the case at first instance shall resolve such request in accordance with Clause 6, Article 438 of the Civil Procedure Code.
Legal basis:
- Article 111, Civil Procedure Code 2015;
- Resolution No. 02/2020/NQ-HĐTP providing guidance on the application of certain provisions on provisional urgent measures under the Civil Procedure Code.
