What is the main law in Vietnam?

Answer 1

4.1 What are the main elements of a statement of defence? Can the defendant bring counterclaims/claim or defence of set-off?

Under the CPC, the defendant has rights to lodge its opinion and supporting documents and information opposing the claimant's statement of claims to the court. However, there is no provision of laws providing in details the main elements of a statement of defence.

The defendant has the right to lodge the counterclaims against the claimant and such counterclaims shall be accepted in one of the following cases:

- the counterclaims for the obligation which is to offset against the claims of the claimant;

- the acceptance of the counterclaims will result in the exclusion of all or part of the claims of the claimant; and

- there is a connection between the counterclaims and the claims of the claimant for purpose of being heard in the same case, otherwise, the court will consider that it is a separate claim and refuse to hear it in the same case.

It is noteworthy that, except for the defence of set-off, the defendant would be asked to make an advanced payment of court fees as a result of their bringing of counterclaims.

4.2 What is the time-limit within which the statement of defence has to be served?

The laws of Vietnam do not provide the time limit within which the statement of defence has to be served. Vietnamese courts normally set out a time limit for the submission of a statement of defence by the defendant, which is generally respected and complied with by defendants in practice.

4.3 Is there a mechanism in your civil justice system whereby a defendant can pass on liability by bringing an action against a third party?

As one of the principals provided in the Civil Code 2005 of Vietnam ("Civil Code"), currently being in force, the parties to a civil relation shall strictly perform their own civil obligations and shall themselves be liable for the non-performance or the incorrect performance of obligations. If a party does not voluntarily perform, it shall be forced to perform its obligations in accordance with the provisions of law.

4.4 What happens if the defendant does not defend the claim?

If the defendant fails to defend the claim, the court shall judge the case based on claims with information and evidences lodged by the claimant and collected and investigated by the court itself. Normally, in such a case, the judgment may be entered against the defendant.

4.5 Can the defendant dispute the court's jurisdiction?

After being served the notification on acceptance for handling a case from the court, a defendant can dispute (complain or appeal) the court's jurisdiction by lodging a complaint or appeal with supporting information and evidences (if any) to the court. For example, within the limitation period of three working days from the date of receipt of the notification on court acceptance for handling the case, the defendant is entitled to lodge an appeal to challenge the jurisdiction of the court.

The right of parties to a dispute, including the defendant, may continue to challenge the jurisdiction of a court by submitting an appeal to the appeal court at the appeal stage.