If you are sued in Vietnam, the court sends you a notice that it has accepted a case against you, together with the claimant's statement of claim and evidence, and gives you a short period to submit a written response, your own evidence and any counterclaim. Do not ignore it: a defendant who is properly summoned and stays away can be judged in absence. Read the papers with a translator, engage a licensed Vietnamese lawyer quickly, and keep every deadline.
Being on the receiving end of a lawsuit in a foreign legal system is stressful, especially when the papers are in Vietnamese and deadlines are measured in days. This guide explains what the court documents mean, the first steps to take, how to respond and counterclaim, how interim measures and exit restrictions can affect you, how to weigh settlement against defence, and how to manage a case from abroad. It describes general principles; the procedure in your case should be checked with a licensed lawyer.
Reading the papers: what you have received
The most common first document is a notice of acceptance of the case. It states the court, the case number, the claimant's name, the claim in brief, and what the court expects from you, including the time limit for submitting your written opinion on the claim. It usually comes with copies of the statement of claim and the evidence the claimant filed. Read all of it, not just the cover letter.
Later you may receive summonses to attend a session on evidence and conciliation, to give a statement, or to attend the hearing, as well as notices of decisions such as an order for interim measures. Each document carries its own date and instructions. Keep the envelopes, as delivery dates may matter when deadlines are counted.
Check the basics straight away. Is your name or your company's registered name correct? Is the address current? Is the court the right one for this dispute, or does your contract contain an arbitration clause that should take the case out of court? Is the claim within the limitation period? These questions shape your first response.
Be wary of documents that arrive by unusual routes, such as a chat message with a photo of a court notice. Genuine notices can be verified with the court that issued them, and scams using fake legal documents do exist. If in doubt, have a lawyer contact the court to confirm the case number.
The first days: a checklist
Act methodically from the moment the papers arrive. The steps below cover the essentials.
- Write down the date you received each document and the deadlines stated in it. The time for your written response is short, so diarise it immediately.
- Have the documents translated, at least in summary, so you understand exactly what is claimed and on what basis.
- Contact a licensed Vietnamese lawyer and send the full set of papers. Ask for an initial view on jurisdiction, any arbitration clause, limitation and the strength of the claim.
- Preserve your evidence: contracts, emails, chats, delivery and payment records. Instruct staff not to delete anything related to the dispute.
- Inform your insurer if you hold a policy that may cover the claim, as most policies require prompt notice.
- Check internal authority. For a company, confirm who will sign the power of attorney and the response, and gather proof of their authority.
- Avoid contacting the claimant in anger. If you want to explore settlement, do it through your lawyer and in writing, so that nothing you say can be misused.
Missing the response deadline does not end your right to defend, but it weakens your position and can limit what you can raise later. Treat it as binding.
Your written response, evidence and counterclaim
State your position on each request. The written response tells the court which parts of the claim you accept, which you dispute and why. Answer each request specifically rather than issuing a general denial, and attach the evidence that supports your account.
Raise preliminary objections early. If the court lacks jurisdiction, if a valid arbitration agreement exists, if the claim is time-barred or if the same dispute has already been decided, say so in your first response. Some objections lose force if raised late.
Consider a counterclaim. If the claimant owes you money or has breached the same contract, you can file a counterclaim in the same case. It must be filed before the court opens the session on evidence and conciliation, and you pay your own advance on the court fee. A counterclaim filed late generally has to be brought as a separate lawsuit.
Identify other parties. If someone else is responsible, for example a supplier whose defective goods caused the problem, you can ask the court to join them as a person with related rights and obligations, or bring an independent claim.
Ask the court to collect evidence you cannot reach. If key documents are held by the claimant or a third party, you can request the court to obtain them, explaining what they are and why they matter.
Interim measures and restrictions you should know about
A claimant can ask the court to apply interim measures while the case is pending, such as freezing a bank account, prohibiting the transfer of property, seizing disputed goods or requiring a defendant to pay an advance in certain situations. In urgent cases these can be ordered quickly, sometimes before you have been heard. The claimant may be required to provide security to cover the damage the measure could cause if it turns out to be unjustified.
If an interim measure is imposed on you, you can complain about the decision to the court, and you can ask for the measure to be replaced, for example by providing security of your own. A measure that was wrongly applied can give rise to a claim for compensation against the party who requested it.
Foreign individuals involved in civil disputes should also be aware that Vietnamese law allows the competent authorities to suspend a foreigner's exit from Vietnam in certain situations, including where the person is party to a civil case or has unfulfilled obligations under a judgment. The conditions and procedures are specific, and the topic is covered in more depth in the section of this site on rights, fines and detention. If you live in Vietnam and are sued, ask your lawyer early whether this risk applies to you.
None of this is a reason to panic, but it is a reason to engage with the case rather than hope it goes away.
Settle or defend? Weighing the options
Most defendants should consider both paths in parallel. The table sets out the main options and what each involves.
| Option | When it makes sense | What to watch |
|---|---|---|
| Full defence | The claim is weak on the facts or the law, or a principle is at stake | Cost and time to judgment; the risk of an adverse outcome and enforcement |
| Partial admission | Part of the claim is clearly owed, part is disputed | Admitted amounts may be decided quickly; paying them can reduce interest and fees |
| Counterclaim | The claimant owes you money from the same relationship | Filing deadline before the conciliation session; separate advance on fees |
| Settlement before the session | Commercial relationship worth keeping, or uncertain outcome | Put the terms in writing; agree on how court fees are shared |
| Settlement at conciliation | Both sides see the risks once the evidence is on the table | The court records it and issues a decision that is enforceable |
| Jurisdiction or arbitration challenge | The contract names arbitration or another forum | Raise it immediately in the first response |
A settlement recognised by the court ends the case with an enforceable decision. That certainty has value for both sides, which is why conciliation sessions often succeed once the parties have seen each other's evidence.
Being sued while you are abroad
If you live outside Vietnam, the court has to serve documents on you through international channels, which can take a long time. You may also learn about the case informally, from a former business partner or from your Vietnamese company, before formal service arrives. Either way, it is wise to engage a lawyer and decide your strategy rather than waiting for papers that may take months.
You can appoint a representative in Vietnam under a power of attorney, notarised and legalised where you sign it, and give the court a Vietnamese address for service. This speeds up communication and lets your representative attend sessions, file your response and negotiate on your behalf within the limits you set.
Staying silent is risky. If the court completes service on you properly and you do not respond or attend, it can decide the case in your absence. The resulting judgment may be enforced against any assets you hold in Vietnam, and in some countries it may be recognised and enforced abroad, depending on the treaties and laws involved.
If you are a director or shareholder of a Vietnamese company that has been sued, remember that the company, not you, is usually the defendant. Personal liability requires a separate basis, such as a guarantee or personal wrongdoing. Your lawyer can confirm whether you personally need to take any steps.
When you need a Vietnamese lawyer
A defendant needs a licensed Vietnamese lawyer from the first day. The response deadline is short, preliminary objections must be raised early, counterclaims have a cut-off, and interim measures can be imposed quickly. A lawyer can verify the case with the court, assess the claim, prepare the written response and evidence, and attend the conciliation session with a negotiating mandate you have agreed in advance.
Choose someone with litigation experience in the court handling the case, and ask how they will keep you informed in English. Agree on a fee arrangement and a budget for each stage, and make sure the power of attorney covers settlement if you want the lawyer to be able to conclude one.
If you need a quick general explanation of the papers before you appoint anyone, you can ask a lawyer on AI Co Van (aicovan.com) what a notice of acceptance means, but have a licensed lawyer act on the actual documents within the deadline. Once the lawyer is on board, agree on a short weekly update, a single contact person on your side, and a clear rule on who may talk to the claimant. Defendants who keep one consistent voice throughout the case negotiate better and make fewer statements that later appear in the court file against them.
Frequently asked questions
What should I do first if I receive a Vietnamese court notice?
Note the date you received it and the deadline it states, get the documents translated, and send them to a licensed Vietnamese lawyer. Preserve all evidence related to the dispute and avoid contacting the claimant directly in anger. Do not ignore the notice.
How long do I have to respond to a lawsuit in Vietnam?
The notice of acceptance states the period for submitting your written opinion, evidence and any counterclaim, and it is short. The period can sometimes be extended on request for a valid reason. Confirm the exact deadline with your lawyer and diarise it immediately.
Can I counterclaim against the person suing me?
Yes. You can file a counterclaim in the same case if it relates to the claim, for example under the same contract. It must be filed before the court opens the session on evidence and conciliation, and you pay your own advance on the court fee.
What happens if I ignore the lawsuit?
If you are properly summoned twice and do not attend without a valid reason, the court can decide the case in your absence. The judgment can then be enforced against your assets in Vietnam, and you will have lost the chance to present your side.
Can I be stopped from leaving Vietnam because of a civil case?
Vietnamese law allows the authorities to suspend a foreigner's exit in certain situations, including some involving civil cases or unfulfilled judgment obligations. The conditions are specific. If you live in Vietnam and are sued, ask a licensed lawyer early whether this could apply to you.
Is the director personally liable when a company is sued?
Usually not. When a limited liability or joint stock company is sued, the company is the defendant and its assets answer for the claim. A director or shareholder becomes personally liable only on a separate basis, such as a personal guarantee or personal wrongdoing.