Freezing a Bank Account in a Dispute

Published: December-2023

When and how does a bank freeze happen? Can anyone ask for it? In this insight, we delve into the intricacies of bank account freezing within the context of civil lawsuits. We examine the legal framework, procedural aspects, and the implications of this action, shedding light on how it impacts both individuals and organizations involved in legal disputes.

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Civil, business, or commercial claims and disputes which are under the jurisdiction of the Court or commercial arbitration, are incredibly diverse and include: disputes over inheritance; disputes over sales contract(s); disputes over credit contract(s), etc. Therefore, the enforcement of such judgements and rulings are equally diverse.  However, some the most typical enforcement actions include:

Enforcement of inheritance judgements

Involved parties in inheritance judgments are often bound together by blood ties, common upbringing, or marriage relations. Thus, for enforcement of inheritance judgements, the judgement creditor(s) could not only be the person(s) with the right to the inheritance but also the person(s) obliged to enforce the judgement., This may result in in complex cases with many involved parties and related individuals.

Enforcement of judgements relating to mortgage pledges and properties

This occurs during the enforcement of the Court’s judgements and rulings concerning the handling of the pledged or mortgaged property. It also arises during the enforcement of a judgement when assets in pledges or mortgaged property are used to secure a certain obligation.  In these situations, when one party is obliged to pay, the other party is the lender as well as the pledgee or mortgagee.

Enforcement of business or commercial judgements and rulings

This arises during the Court’s or the competent authorities’ rulings relating to disputes over commercial sales contracts, credit contracts, etc. The enforcement obligation in these cases is often of great value and the property management mechanism is complex. Therefore, the verification and handling of the property thereof is frequently very difficult to perform.

Enforcement of rulings on cassation or reopening

This is when the Court’s judgements or rulings are partially or entirely executed but have been appealed and re-tried under the cassation or reopening procedures. Judgement enforcement in this case must be suspended until the cassation or reopening trial rulings are issued.

Civil judgement enforcement involving foreign elements

Enforcement of the judgements and rulings of a foreign Court, the awards of foreign arbitrators which are to be recognized by the Court and enforced in Vietnam; and enforcement of judgements which involve parties or properties in foreign countries.

Once a party reaches the stage of “initiating a lawsuit” to resolve a dispute, it usually means that tensions are extremely high. Until the judgement enforcement stage, mediation is almost impossible due to the conflict between the parties. However, at the judgment enforcement stage, the involvement of our attorneys will often contribute to a greater harmonizing of the parties’ interests, which will make judgement enforcement more effective.