The Supreme People's Court of Vietnam: Benchbook Online

Main tasks and practical skills:

• The Judge should apply provisional measures (upon request and if legally grounded) or in the circumstances as specified by the law even without any request by the litigants.
• Prior to the commencement of the trial, the application, alteration or cancellation of provisional measures shall be considered and decided by a Judge. During the trial, the application, alteration or cancellation of provisional measures shall be considered and decided by the Trial Panel.
• Within three days from the date of receipt of the petition for the application of provisional measures as provided in Item 1 of Article 99 of the CPC (the petition must be made in accordance with Article 117 of the CPC):
  - If the petitioner does not have to provide security or after the petitioner has provided security, the Judge asigned to resolve the case should issue a decision on the application of provisional measures; where the petition is not accepted, the Judge should notify the petitioner of the reason in writing.
  - During the trial, the Trial Panel shall consider and decide the application of provisional measures when or after the petitioner has provided security as provided in Article 120 of the CPC ; where the petition is not accepted, the Trial Panel does not need to issue a decision, it should only pronounce the reason at the trial and record in the minutes of the trial.
• Within 48 hours from the receipt of the petition for the application of provisional measures as provided in Item 2 of Article 99 of the CPC, the Judge should consider and decide the application of provisional measures; where the petition is not accepted, the Judge should notify the petitioner of the reason in writing.
• Where the litigants do not have any petition for the application of provisional measures, the Court should issue a decision on the application of provisional measures as provided in Items 1, 2, 3, 4 and 5 of Article 102 of the CPC.
• The alteration, additional application or cancellation of provisional measures must be conducted in accordance with Articles 117, 121 and 122 of the CPC.