Whether you’re a business seeking to enforce a contract or an individual defending against a property claim, stepping into the Vietnamese civil court system can be daunting. With its formal procedures, multiple court levels, and strict evidentiary requirements, civil litigation in Vietnam demands not only legal knowledge but strategic preparation.

As disputes become more complex and cross-border in nature, particularly for foreign entities operating in Vietnam, it is increasingly important to understand how the process works, from filing a claim to enforcing a judgment. This article serves as a comprehensive guide to help both domestic and international parties navigate civil litigation in Vietnam with clarity and confidence.

Legal Framework for Civil Litigation in Vietnam

Vietnam’s civil litigation system is based on the Civil Procedure Code No. 92/2015/QH13, which provides the foundation for how disputes between individuals, businesses, and organizations are adjudicated. The framework emphasizes fairness, transparency, and judicial efficiency. Courts operate under a hierarchy:

• District-level courts: Handle most first-instance civil cases
• Provincial-level courts: Hear complex first-instance cases and appeals
• Supreme People’s Court: The highest judicial authority and final appellate body

Typical civil litigation matters include contractual disputes, property claims, family matters, inheritance, and compensation for damages.

Who Can Initiate a Civil Lawsuit?

Vietnamese law grants access to the court system to any party whose legitimate rights or interests are being violated or disputed. This includes both domestic and foreign individuals or organizations. Foreign plaintiffs must comply with local legal procedures, which often involve additional documentation and language translation. It’s highly advisable for foreign entities to engage experienced Vietnamese legal counsel to ensure proper filing and courtroom representation.

Any individual, organization, or legal entity with a legitimate interest can file a civil lawsuit in Vietnam. This includes:

• Vietnamese citizens or businesses
• Foreign individuals and companies, provided they comply with local legal requirements

In most cases, foreign parties must appoint a licensed Vietnamese lawyer to represent them. Legal representation in court may be provided by:

• The party themselves (for simple cases)
• A lawyer licensed in Vietnam
• A legally authorized representative (via power of attorney)

Stages of Civil Litigation in Vietnam

1. Filing the Lawsuit

The plaintiff must submit a petition to the competent court along with required documents, such as:

• A written petition stating the facts and legal basis
• Relevant evidence and supporting materials
• Proof of payment of court fees

Jurisdiction is based on the nature of the dispute and the location of the defendant.

2. Court Review & Acceptance

The court examines whether the petition meets formal requirements. If accepted, it issues a notice to the parties and schedules pre-trial proceedings.

3. Pre-Trial Stage

This stage involves:

• Examination of evidence
• Court-led conciliation (mediation)
• Preparation for trial

Most cases require court-organized mediation before trial proceeds.

4. Trial Stage

At the trial, both parties present their evidence and legal arguments before a panel of judges. The court will issue a judgment based on the facts, law, and submitted evidence.

5. Appeal

If a party disagrees with the first-instance judgment, they may file an appeal within:

• 15 days (if present at the trial)
• 30 days (if absent)

The appellate court re-examines both legal and factual elements.

Court-Ordered Mediation in Civil Cases

Court-led mediation is not just encouraged but is generally required under Vietnamese law as part of the pre-trial process. Mediation sessions are typically held at the court under the supervision of a judge and aim to reduce the caseload burden while offering parties a faster, more flexible resolution.

Court-led mediation is a mandatory component of most civil proceedings in Vietnam. Its objectives are to:

• Encourage amicable settlement
• Reduce trial delays
• Allow parties to resolve disputes confidentially

If mediation is successful, the court will recognize the agreement, making it legally binding. If not, the case proceeds to trial.

Time Limits for Civil Claims

Statutes of limitation in Vietnam are critical to protecting the legal certainty of civil disputes. Plaintiffs must act within prescribed time limits to preserve their rights. Courts do not consider claims filed outside these limits unless exceptional circumstances justify a waiver, such as force majeure or fraud that delayed the discovery of the violation.

Vietnamese law imposes strict statutes of limitation for different types of civil claims:

• Contractual disputes: 3 years from the date the claimant becomes aware of the breach
• Inheritance disputes: 10 years from the date of estate opening
• Property disputes: Varies based on case type

Failure to file within the legal timeframe may result in the case being dismissed, even if the claim has merit.

Evidence and Burden of Proof

The burden of proof rests with the party making a claim or defense. Acceptable forms of evidence include:

• Written documents and contracts
• Witness statements
• Expert opinions
• On-site inspections or physical evidence

The court may request additional evidence but generally relies on what the parties submit.

Enforcing Civil Judgments

The post-judgment phase in Vietnam can be challenging and time-consuming. The Civil Judgment Enforcement Agency is tasked with executing court orders, but practical barriers such as locating assets, resistance by the losing party, and administrative delays can complicate this phase. Parties are encouraged to remain proactive and may need legal assistance to initiate asset tracing, enforce writs, or challenge obstruction tactics.

After a final judgment is issued, enforcement is managed by the Civil Judgment Enforcement Agency under the Ministry of Justice. Enforcement steps include:

• Identifying and seizing assets
• Compelling payment or compliance
• Resolving enforcement-related disputes

Difficulties may arise if the losing party conceals assets or refuses to cooperate, potentially requiring additional legal actions.

Conclusion

Civil litigation in Vietnam is a formalized yet nuanced process that demands strategic legal planning and procedural compliance. From identifying the appropriate court to navigating evidence, timelines, and enforcement hurdles, each phase carries risks and opportunities. This is especially true for foreign businesses and individuals unfamiliar with the intricacies of the Vietnamese legal system.

Le & Tran is a leading Vietnamese law firm with deep expertise in cross-border litigation, regulatory compliance, and foreign investment advisory. We regularly collaborate with foreign counsel to support international clients operating in Vietnam and navigating complex legal frameworks. Our firm is recommended by AmCham Vietnam, the US Consulate, and consistently top-ranked in Chambers, Legal500, and Benchmark Litigation for our litigation and dispute resolution practice.

For expert legal support tailored to Vietnam’s court system and international legal matters, contact us at info@letranlaw.com.