EMERGENCY MEASURES AND SECURITY MEASURES IN CIVIL PROCEDURE

According to:  Civil procedure code 2015;

I. PROVISIONAL EMERGENCY MEASURES

1.   Sending minor persons, legally incapacitated persons, person with limited cognition or behavior control to individuals or organizations for looking after, nurturing, taking care of and educating.
2.   Forcing the prior performance of part of the alimony obligation.
3.   Forcing the prior performance of part of the obligation to compensate for damage to individuals whose lives and/or health have been infringed upon.
4.   Forcing the employers to provide the employees with advance wages, health insurance, social insurance, treatment cost for occupational accidents or occupational diseases or compensations, allowances for occupational accidents or occupational diseases.
5.   Suspending the execution of decisions on unilateral termination of labor contract or decisions on dismissal of employees.
6.   Distraining the disputed properties.
7.   Prohibiting the transfer of property right over the disputed properties.
8.   Prohibiting the change of the current conditions of disputed properties.
9.   Permitting the harvesting, sale of subsidiary food crops or other products, commodities..
10.  Freezing accounts at banks or other credit institutions, State treasury; freezing properties at places of their deposit.
11.  Freezing properties of the obligor.
12.  Prohibiting involved parties from performing, or forcing them to perform certain acts.
13.  Prohibiting the obligors from leaving Vietnam.
14.  Prohibiting the contact with victims of family violence.
15.  Suspending the bid closing and activities related to bidding.
16.  Arresting aircrafts or ships to ensure the lawsuit settlement.
17.  Other provisional emergency measures provided for by law.

II. NOTICE WHEN REQUEST COURTS TO DECIDE ON THE APPLICATION OF PROVISIONAL EMERGENCY MEASURES

1.  The persons who petition the Courts to apply one of the provisional emergency measures prescribed in Clauses 6, 7, 8, 10, 11, 15 and 16 Article 114 of Civil Procedure must submit to the Courts guarantee invoices deposit a money sum, precious metals, precious stones or valuable papers as determined by the courts.
2.  Sums of money, precious metals, gemstones or valuable papers must be put into escrow account at banks of where the offices of the Courts making decisions to apply provisional emergency measures are located within the time defined by the Courts.
3.  Security measures which must be equivalent to the property obligation to be performed by the obligor in order to protect the interests of the persons against whom the provisional emergency measures are applied and to prevent the abuse of right to petition the application of the provisional emergency measures by petitioners.
4.  In urgent cases where it is necessary to immediately protect evidences or to prevent possible serious consequences, relevant agencies, organizations and individuals may petition the competent Courts to issue decisions to apply provisional emergency measures, simultaneously with the submission of applications to initiate the lawsuits to such courts. The time-limit for application of security measures provided for in this clause must not exceed 48 hours since the application are submitted.

III. FORCIBLE APPLICATION OF SECURITY MEASURES

The involved parties who request the Court to decide on the application of provisional emergency measures are must to the application of security measures, in cases:

1.  Distraining the disputed properties.
2.  Prohibiting the transfer of property right over the disputed properties.
3.  Prohibiting the change of the current conditions of disputed properties.
4.  Freezing accounts at banks or other credit institutions, State treasury; freezing properties at places of their deposit.
5.  Freezing properties of the obligor.
6.  Suspending the bid closing and activities related to bidding.
7.  Arresting aircrafts or ships to ensure the lawsuit settlement.