With the top legal minds with deep understanding of international practice and culture, our formidable litigators and excellent corporate lawyers can advise any critical legal questions and take care the complicated legal matters that you expect the good results. If you are in needs of legal advice or looking for a reliable partner to guide you through the legal landscape, we’ve put together some commonly raised questions below that you might concern. For any matters not covered below, please give us a call on (+84-28) 38 42 12 42 or drop us at info@letranlaw.com. - Please select Practices Area - Civil procedure in VietnamBankruptcy How long is statute of limitations for each type of civil disputes? What are cases that the statute of limitations shall be recalculated? What is required in a petition? If the dispute arises from the operation of company’s branch, which Court shall have jurisdiction? In case the defendant’s residential address is unable to identify, which Court shall the plaintiff file a petition? When does the Court have right to return a petition? Do the parties have right to complain of the Court’s return of petition? How long is time limit for filing a complaint? How much is an advance court fee for each type of cases? Which cases would be eligible for exemption from an advance court fee? Do the parties have right to withdraw their claims after the lawsuit acceptance? When does the plaintiff become the defendant and vice versa? How long will it take from the date of lawsuit acceptance for the Court to open the trial? What are interim measures? When are they applied? Is a person requesting for interim measures subjected to guarantee measure? How are procedures of evidence disclosure and mediation proceeded? What documents are considered as evidence? Who has the burden of proof in civil lawsuit? What contexts do the parties have rights to request other individuals, agencies to produce documents, evidence? What is counterclaim? What are conditions for counterclaim to be accepted? Do the relevant parties have rights to file the claims? How are such rights performed? When do the parties have a right to request for change of judge? What is mediation in the civil procedure? What cases are not allowed to mediate, or cannot be mediated? What contexts shall the Court issue a decision to acknowledge the parties’ agreements? What is the role of this decision in resolution of the parties’ dispute? Can one person represent many persons in one civil lawsuit? What contexts shall the Court discontinue the lawsuit during the first-instance procedure? What are the legal consequences? Do the parties have a right to re-initiate a lawsuit after the Court issues a discontinuing decisions? How does the Court settle in case the parties are absent from the trial? Must witnesses appear at the first-instance trial? Which first-instance judgments are immediately enforced though they can be appealed or protested? How long is a time limit for filing appeal against the first-instance judgment? Is the appeal accepted in case of filing after the time limit is overdue? Do the parties have rights to change, supplement, withdraw appeals? How is scope of the change, supplement? What is scope of jurisdiction of appeal panel over a first-instance judgment? What is simplified procedure? When is the simplified procedure applied? What is reconsideration procedure? What are the parties’ rights in this procedure? How long is statute of limitations for the parties to request a protest according to reconsideration procedure? How long is a time limit for settling a lawsuit under reconsideration procedure? What is scope of jurisdiction of reconsideration panel over a valid judgment? What are differences between reconsideration procedure and cassation procedure? What are legal precedents? How shall they be applied during the adjudication?
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