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VIETNAM

VIETNAM. The Rule of Law. Judiciary. Commercial ARBITRATION. COURT. CRIMINAL. CIVIL. LABOUR. ADMINISTRATIVE. ECONOMICAL. DIVISIONS The People's Courts are organized into (i) Criminal, (ii) Civil, (iii) Labour, (iv) Economic and (v) Administrative Divisions.

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VIETNAM

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  1. VIETNAM

  2. The Rule of Law Judiciary Commercial ARBITRATION COURT CRIMINAL CIVIL LABOUR ADMINISTRATIVE ECONOMICAL

  3. 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.

  4. Court Proceeding System in Vietnam Reviewing / Reinvestigating Proceeding Supreme Court Appeal Instance (Final Instance) Provincial Level Court Appeal Court of the Supreme Court Claim Instance (First Instance) District Level Court Provincial Level Court Claims Claims

  5. 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.

  6. 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).

  7. 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.

  8. Court Proceeding in Vietnam Reviewing / Reinvestigating Proceeding Supreme Court Appeal Instance (Final Instance) Administrative Court Civil Court Claim Instance (First Instance) Civil Court Administrative Court Claim between Parties Administrative Claim

  9. ARBITRATION • BETWEEN COMMERCIAL ENTITIES AND / OR INVESTORS • ARBITRATION CLAUSE

  10. 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.

  11. Appeal Court of the Supreme Court in Ho Chi Minh City

  12. 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

  13. AL -INTERNATIONAL

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