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