The National Assembly’s adoption of the Law on Specialized Courts marks a significant turning point in Vietnam’s judicial reform, as it formally establishes, for the first time, an international commercial court model within the country, operating under a distinct set of procedural rules aligned with international and common law standards.
The article by the ADR Vietnam Chambers author team analyzes the foundational procedural innovations introduced in proceedings before the Specialized Court, including:
- Document production
The Specialized Court does not collect evidence on behalf of the parties. Any document submitted to the Court must be simultaneously disclosed to the opposing party; otherwise, it will not be considered. This mechanism limits the concealment of evidence, enhances transparency, and allows judges to focus on the core issues of the dispute.
- Expert evidence
For the first time, Vietnamese law formally recognizes the use of expert opinions in court proceedings. Parties may rely on legal, financial, technical, and other experts to clarify complex professional issues, particularly in disputes involving foreign elements or the application of foreign law.
- Cross-examination
The cross-examination procedure allows counsel to directly question the opposing party’s witnesses and experts during hearings. This mechanism helps test the credibility of testimony, expose inconsistencies, and assist judges in substantively assessing the probative value of evidence.
- Case management conferences
Immediately after a case is admitted, the judge convenes a case management conference with the parties to agree on procedural timelines, methods of evidence exchange, and the overall plan for resolving the dispute. This procedure helps shorten the duration of proceedings and enhances predictability for the parties.
- Summary judgments
In cases where the outcome is clear, the judge may issue a decision without holding a full hearing. This mechanism enables the swift resolution of claims lacking sufficient merit, saving both time and procedural costs.
Default judgments
Where a defendant, despite being duly summoned, deliberately fails to participate in the proceedings, the Court may hear the case in absentia and issue a default judgment. This mechanism prevents bad-faith delay tactics and protects the legitimate rights and interests of the claimant.
- Application and development of precedent
The Specialized Court is authorized to apply precedents and to develop its own body of case law. This represents an important shift in adjudicatory practice and requires Vietnamese judges and lawyers to become accustomed to researching and applying precedents in line with international practice.
With these innovations, the Specialized Court at the International Financial Center stands as a tangible manifestation of Vietnam’s judicial reform process, while also opening new opportunities for lawyers, investors, and international dispute resolution practice in Vietnam.
Read the full article here.
