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Litigation law in Da Nang, Vietnam is an integral part of Vietnam's judicial system. It involves arguments and procedures to decide legal conflicts and disputes performed in the courts. The litigation system is based on two steps - trial and appeal. The judges make the decision in Vietnamese courts, and there are no juries. Vietnamese law acknowledges the diversity of contractual relationships and enables parties to agree on their contractual details unless they contradict mandatory provisions.
You may require a litigation lawyer for various reasons. If you are involved in a civil dispute, either as a plaintiff or a defendant, a lawyer will help you navigate the complex legal procedures. Disputes could range from personal injury claims, business disagreements, real estate disputes, and more. Lawyers can also assist in negotiation for dispute resolution outside the courtroom, help with legal documentation, and provide strategic advice
Vietnamese litigation law revolves around substantive laws that determine the rights and obligations of involved parties, and procedural laws that dictate how disputes are resolved. The Vietnam Law on Civil Procedure is a guiding reference for civil litigation, encompassing regulations on resolution of civil disputes. For commercial disputes, the Law on Commercial Arbitration is frequently used. It's essential to remember that court decisions in Vietnam are not treated as sources of law or precedents. Each case will be resolved based on its circumstances and merits.
The proceedings in Vietnam courts are conducted in Vietnamese. If you are an overseas party, you may require a translator.
The duration of a case varies greatly depending on its complexity, but it typically takes about 2 to 6 months for the first instance court, and around 3 to 4 months for the appeal court.
Foreign lawyers can practise in Vietnam but are not permitted to act as official legal representatives in court.
Mediation and Arbitration can provide a quicker and less confrontational way to resolve disputes. They can also maintain the confidentiality. Sometimes, they might save money compared to traditional litigation.
Foreign judgments and arbitral awards could be enforced in Vietnam under a reciprocal agreement or Vietnam's international treaty obligations.
The Ministry of Justice and the Supreme People's Court are key government bodies dealing with legislation and enforcement in Vietnam. For foreign investors or individuals, consulting bodies like EuroCham or AmCham could offer insights into litigation practices in Vietnam.
If you are in need of litigation assistance, consider consulting with a local lawyer to understand your legal position and potential strategies. It's crucial to select a lawyer with experience in the particular field relevant to your case. You also have the option to seek initial legal advice from legal consultancy firms.
