If you attend a court hearing in Vietnam as a foreigner, expect proceedings conducted entirely in Vietnamese before a panel of a judge and people's assessors, with you speaking through an interpreter approved by the court; bring your passport and the summons, arrive early, and let your lawyer handle most of the speaking. Before the hearing itself there is usually a session on evidence and conciliation, which is less formal but just as important. Missing sessions without a valid reason can have serious consequences.
Vietnamese courtrooms are orderly and fairly formal, and the procedure differs from what many expats know from home: there is no jury, judges question parties directly, and the written file carries great weight. This guide walks you through the sessions you may be called to, how interpreting works, a typical first-instance hearing, practical courtroom rules and what to do if you cannot be there. Procedures vary between courts, so follow the instructions in your summons and those of your lawyer.
The sessions you may be summoned to
In a civil or commercial case, the court communicates with parties through written notices and summonses. The first session most parties attend is the one for checking the delivery, access to and disclosure of evidence, which is normally combined with conciliation. It usually takes place in a meeting room rather than a courtroom, chaired by the judge handling the case with a court clerk taking minutes. Each side sets out its position, the judge confirms what is agreed and what is disputed, and the parties are invited to settle.
If the parties agree, the agreement is recorded in minutes, and after a short period for any party to change its mind, the court issues a decision recognising the settlement. That decision takes effect and can be enforced like a judgment. If there is no agreement, or a party is absent, the case moves toward a hearing.
The court may also summon you to give a statement, to confront the other party on a disputed point, or to attend an on-site inspection or valuation. These are separate from the hearing and can be scheduled at short notice.
The first-instance hearing is the formal trial. It takes place in a courtroom, is generally open to the public, and ends with a judgment pronounced in court. In cases involving family matters or business secrets the court may hold all or part of a hearing behind closed doors, but the judgment is still announced publicly.
Language and interpreters
Vietnamese is the language of the court. Every session is conducted in Vietnamese and every record is made in Vietnamese. As a party who does not speak the language, you have the right to use your own language through an interpreter.
The interpreter must be accepted by the court. In civil cases, the party who needs interpreting generally finds the interpreter and bears the cost, and the court must accept the person before they can act. Notify the court in advance with the interpreter's details. The interpreter makes a commitment to translate accurately and can be replaced if a conflict of interest appears.
Choose a legal interpreter, not just a bilingual friend. Court interpreting requires accuracy with legal terms and the discipline to translate everything, including answers you might wish you had phrased differently. Someone close to you or financially dependent on you may be challenged by the other side.
Prepare the interpreter. Share the key documents, names, dates and technical vocabulary beforehand. A short glossary of contract terms and product names saves confusion at the hearing.
Speak in short segments. Pause after a sentence or two so the interpreter can render it fully. Long monologues lose detail, and the judge will hear only what the interpreter conveys.
Check the minutes. At the end of a session, parties are asked to read and sign the minutes. Ask the interpreter to translate the minutes before you sign, and request corrections if something you said is recorded wrongly.
How a first-instance civil hearing usually runs
The order below is the common structure of a civil or commercial hearing. Your lawyer will tell you where your participation is expected.
- Opening: the court clerk checks who is present and reports to the panel. The presiding judge opens the hearing, announces the case and the members of the panel, and checks identities, including the interpreter's.
- Rights and challenges: the judge explains the parties' rights and obligations and asks whether anyone wishes to request a change of judge, assessor, clerk, interpreter or expert.
- Settlement check: the judge asks whether the parties maintain their requests or wish to settle. A settlement can still be recognised at this stage.
- Presentations: the claimant, then the defendant and other parties, or their lawyers, present their requests and the reasons.
- Questioning: the panel questions the parties, witnesses and experts, and the parties' lawyers can ask questions with the judge's permission. Evidence is examined, and recordings or exhibits may be played or shown.
- Arguments: the lawyers and parties make their final submissions and respond to each other. In some civil cases a prosecutor attends and states the procuracy's view on compliance with procedure.
- Deliberation and judgment: the panel withdraws to deliberate and then returns to pronounce the judgment, which is later delivered in writing.
A first-instance civil panel normally consists of one judge and two people's assessors, who are lay members with an equal vote; complex cases may have a larger panel. The judgment explains the panel's reasoning and states the rights of appeal.
Practical rules for the day
Courtroom rules are set by law and enforced by the presiding judge and court security. A few practical points help you avoid friction:
- Bring your passport and the court summons; security staff check identity at the entrance and the clerk checks it again in the courtroom.
- Arrive well before the scheduled time. Hearings can start late, but a party absent at the opening may be treated as absent.
- Dress conservatively, as you would for an important business meeting. Shorts, sleeveless tops and casual sandals are inappropriate.
- Switch your phone off or to silent, and do not record audio or video, take photos or livestream unless the presiding judge allows it. Unauthorised recording can lead to removal from the courtroom.
- Stand when the panel enters and leaves, and when the judgment is pronounced. Address the panel respectfully and speak only when invited.
- Do not interrupt the other side, even when what they say is untrue. Note the point and give it to your lawyer, who will respond when the judge allows.
- Do not approach the judge or assessors privately before or after the session. Any communication goes through formal channels.
Courts generally treat foreign parties with courtesy and are used to working through interpreters. Calm, respectful behaviour makes a better impression than forceful advocacy from the bench.
Giving your own statement through an interpreter
When the panel questions you, answer the question asked, briefly and factually. Vietnamese judges often ask direct, practical questions: when you signed, who you dealt with, what you received, how much remains unpaid. Long explanations of commercial context or of what you feel is fair tend to lose the panel's attention and can introduce inconsistencies with your written statements.
Before the hearing, read your statement of claim and your written statements again, in English, with your lawyer. The panel will compare what you say with what is in the file. If a fact has changed or you made an error earlier, raise it with your lawyer before the hearing so it can be corrected properly rather than surfacing as a contradiction.
If you do not understand a question, say so and ask for it to be repeated. If you do not know an answer, say that you do not know rather than guessing. Dates and amounts are where interpreted testimony goes wrong most often, so state numbers slowly and, where helpful, refer to the document in the file where they appear.
Keep your tone neutral when speaking about the other party. Accusations of dishonesty rarely help, and the judge will draw conclusions from the evidence rather than from your characterisation of it.
If you cannot attend
Absence has consequences, and they differ between claimants and defendants. Under the Civil Procedure Code, if a claimant who has been properly summoned twice fails to attend without a valid reason, and has not asked for the case to be heard in their absence, the court can treat the claim as abandoned. A defendant who is properly summoned twice and still fails to attend can be tried in absence, and the judgment can be enforced against them.
A valid reason, such as a serious illness or an event beyond your control, can justify postponement, but you must notify the court promptly and provide supporting evidence. Being abroad is not, on its own, a sufficient reason in the court's eyes, especially if you could have appointed a representative.
The practical solution for most foreigners is representation. A representative authorised under a valid power of attorney attends in your place, and you can also file a written request for the case to be heard in your absence. Your lawyer can attend as defender of your rights alongside or instead of a representative, depending on how the authority is structured.
Even with a representative, the court may sometimes insist on your personal presence, for example to clarify a disputed fact only you can address. If that happens, ask whether a later date can be arranged and whether the court can accept a statement made before a Vietnamese consulate or through another channel the rules permit.
When you need a Vietnamese lawyer
Most foreigners attending a Vietnamese court should do so alongside a licensed Vietnamese lawyer. The lawyer speaks to the panel in the procedural language the court expects, makes requests at the right moment, objects to irregular steps and frames your answers in legal terms. Only lawyers licensed in Vietnam can act as defenders of a party's rights in court; a foreign lawyer can sit with you only as an observer where the court allows the public to attend.
Meet your lawyer before each session to agree what you will say, what you will leave to the lawyer, and whether a settlement offer is acceptable and within what range. Ask the lawyer to brief your interpreter as well, so that everyone is working from the same vocabulary.
If you have been summoned and do not yet have a lawyer, act quickly; the time between a summons and a session is often short. For a quick general explanation of what a summons means before you engage counsel, you can ask a lawyer on AI Co Van, but do not let that replace proper representation for the session itself.
Frequently asked questions
Can I speak English in a Vietnamese court?
You can speak your own language through an interpreter, but the proceedings and all records are in Vietnamese. In civil cases the party who needs interpreting usually arranges the interpreter and bears the cost, and the court must accept the interpreter before the session.
Is there a jury in Vietnamese courts?
No. First-instance civil cases are usually heard by a panel of one professional judge and two people's assessors, who are lay members with an equal vote. Complex cases can have a larger panel. Judges play an active role, questioning parties and witnesses directly.
Are court hearings in Vietnam open to the public?
Hearings are generally public, and judgments are pronounced publicly. The court can close all or part of a hearing to protect state secrets, business secrets, family privacy or minors, but the judgment is still announced in open court.
What should I bring to a hearing?
Bring your passport, the court summons, copies of the key documents you filed, and any originals your lawyer has asked for. Make sure your interpreter has been notified to the court in advance and also carries identification.
What happens if I miss a hearing as the defendant?
If you have been properly summoned twice and fail to attend without a valid reason, the court can hear the case in your absence and issue a judgment that can be enforced against you. Appoint a representative or notify the court promptly if you genuinely cannot attend.
Can I record the hearing on my phone?
Not without the presiding judge's permission. Courtroom rules restrict recording, photography and livestreaming, and unauthorised recording can lead to removal. The official minutes are the record of the session, so read them carefully with your interpreter before signing.