VIETNAM

Judiciary

COURTCommercial

ARBITRATION

CRIMINAL CIVIL LABOUR

ECONOMICAL ADMINISTRATIVE

The Rule of Law

DIVISIONS

• The People's Courts are organized into (i) Criminal, (ii) Civil, (iii) Labour, (iv) Economic and (v) Administrative Divisions.

• In addition to the normal and military courts, the National Assembly may establish extraordinary courts.

Court Proceeding System in Vietnam

Supreme Court

Provincial Level Court

District Level Court Provincial Level Court

Appeal Court of the Supreme Court

Reviewing / Reinvestigating Proceeding

Appeal Instance

(Final Instance)

Claim Instance

(First Instance)

Claims Claims

LEVELS

District Courts • The People's Courts are organized into three levels. In the lower level, the

People's District Courts are in charge for economic, civil, family, labour and administrative disputes as well as for minor criminal cases.

Provincial or City Courts • In the upper level, People's Provincial or City Courts are in charge for appeals

against as well as revisions and cassations of decisions of the lower level's courts.

• They are also first instance courts in economic, civil, labor and administrative disputes depending on the specific cases as well as serious criminal cases.

Supreme Court • At the highest level, the People's Supreme Court is responsible for the uniform

application of laws in Vietnam.

INSTANCES• There are two trial instances with the competence of the

Supreme People's Court to revert effective judgments (res judicata) within three years from the date the judgments became effective.

TRIAL• Court trials shall be public, closed hearings may be held

only in special cases provided for by law. Generally, the courts will decide collectively, i.e. in a panel of one judge and two laymen or three to five judges.

• During a trial, judges and jurors are independent and only obey the law (Article 130 of the constitution).

PROCEDURES • A law suit shall be commenced by a written

statement of claim with the court. The statement of claim can, except for divorce cases, also be submitted by an authorized representative of the plaintiff, including by an attorney at law (Luật Sư).

• The plaintiff will be required to pay an advance for the court fee, unless exemption is provided for by law. The normal duration of a law suit is around one year, but may vary widely from case to case.

Court Proceeding in Vietnam

Supreme Court

Civil Court

Civil Court Administrative Court

Administrative Court

Reviewing / Reinvestigating Proceeding

Appeal Instance

(Final Instance)

Claim Instance

(First Instance)

Claim between Parties Administrative Claim

ARBITRATION

• BETWEEN COMMERCIAL ENTITIES AND / OR INVESTORS

• ARBITRATION CLAUSE

• Parties to business activities, including investments, are encouraged to resolve disputes through negotiations or conciliation. In case such preliminary negotiation or conciliation fails, a dispute may be brought to a Vietnamese or foreign or international arbitration body if agreed upon by the parties, otherwise settlement shall be sought at economic courts.

Appeal Court of the Supreme Court in Ho Chi Minh City

Hung in Action:

Hot on the Heels of his Client accused of Fraudulent Investments / Cheating in a High Profile Criminal Case

Trial Proceedings in Court

AL -INTERNATIONAL