Checklist for Requesting Provisional Urgent Measures

The counterparty is dissipating assets. Key evidence is about to be destroyed. Disputed goods are about to be sold off. In "a day late means everything lost" situations, provisional urgent measures are the strongest legal tool to "freeze" the status quo while the court resolves the case.

This article provides a complete checklist: conditions, dossier, timelines, security obligations and traps to avoid when requesting provisional urgent measures.

Contents

• 1. What provisional urgent measures are and when needed
• 2. Conditions for requesting
• 3. Available measures under the 2015 CPC
• 4. Request dossier — detailed checklist
• 5. Court review timelines: 3 days and 48 hours
• 6. Security obligations and liability for wrongful requests
• 7. Detailed Q&A
• 8. When to work with counsel

1. What provisional urgent measures are and when needed

Under Article 111 of the 2015 Civil Procedure Code, provisional urgent measures are court-applied measures during civil proceedings to urgently address a litigant's pressing needs: protecting life, health, property; collecting or preserving evidence; or securing case resolution and judgment enforcement.

Typical commercial-dispute scenarios:

• Asset dissipation: the defendant is transferring, mortgaging or dispersing assets to frustrate enforcement.
• Account freezing: stopping the defendant from withdrawing bank funds.
• Evidence preservation: evidence at risk of destruction (books, electronic data, goods samples).
• Stopping ongoing violations: ordering cessation of IP infringement, exit bans where permitted by law.
• Urgent interim relief: e.g., ordering advance partial performance of support or compensation obligations where health is harmed.

Key point: these measures are "provisional" — not a final ruling on rights and obligations. The court may vary or cancel them as circumstances change.

2. Conditions for requesting

Under Article 114 of the 2015 CPC and Resolution 02/2020/NQ-HDTP:

1. Eligible requester: litigants, their lawful representatives, or agencies/organisations/individuals suing to protect others' rights.
2. A civil case accepted by the court (or the request filed with the statement of claim in emergencies).
3. Grounds for immediate application: without measures, irreparable harm, lost evidence or unenforceable judgment would result.
4. Fitting and necessary measures: proportionate to the interest protected; no heavier-than-needed measures.
5. Security posted (for measures requiring it) under Article 136 of the 2015 CPC.

Note: courts review requests on preliminary evidence — no need to prove you'll win the case, but urgency and risk of harm must be shown.

3. Available measures under the 2015 CPC

Article 114 of the 2015 CPC lists provisional urgent measures; commonly used in commercial disputes:

• Seizure of disputed assets — "freezing" the disputed property.
• Prohibiting transfer of rights in disputed assets — blocking sale, donation, mortgage.
• Prohibiting changes to the status quo of disputed assets.
• Freezing bank/credit-institution accounts — blocking withdrawals.
• Freezing the obligor's assets.
• Ordering specific acts or prohibiting specific acts — e.g., stopping ongoing violations.
• Suspending enforcement of state-agency decisions where permitted by law.
• Arresting aircraft or vessels to secure case resolution (maritime/aviation disputes).
• Other measures per legal provisions.

Measure choice follows dispute nature: money disputes → account freezing; specific-asset disputes → seizure/transfer bans; evidence at risk → evidence-preservation measures.

4. Request dossier — detailed checklist

Prepare:

• [ ] Request for provisional urgent measures: parties' details, case summary, specific measures sought, reasons and grounds (urgency, risk of harm).
• [ ] Evidence of urgency: documents showing asset dissipation, evidence at risk of destruction, or irreparable harm from delay.
• [ ] Asset identification documents: ownership papers, account statements, specific asset details (addresses, account numbers, plates…).
• [ ] Statement of claim (if filed together) or proof the case is accepted.
• [ ] ID/legal-entity papers of the requester and power of attorney (if via counsel).
• [ ] Security assets (if required): cash, savings books, bank guarantees — ready at court-set levels.
• [ ] Draft implementation plan: concrete proposed enforcement to help the court decide.

Practical tip: the more detailed the asset information, the better. A measures decision only works if immediately enforceable — "freeze the account" without account numbers and bank names is just paper. In cross-border disputes, add another layer: identify whether the counterparty holds assets in multiple jurisdictions and whether parallel protective measures abroad are feasible, since a Vietnamese court order generally enforces only against assets within Vietnam.

5. Court review timelines: 3 days and 48 hours

Under Article 133 of the 2015 CPC:

• Normal: within 3 business days of receiving the request, the court's Chief Justice considers and decides whether to apply measures.
• Emergency: for requests filed with the statement of claim needing immediate evidence protection or prevention of serious consequences, the court decides within 48 hours.

Resolution 02/2020/NQ-HDTP details emergency determination and review procedure. Practical point: the 48-hour track requires filing with the statement of claim plus proven urgency — not every co-filed request qualifies.

Once issued, the application decision is enforced immediately — by enforcement agencies or the court itself depending on the measure.

6. Security obligations and liability for wrongful requests

Security (Article 136, 2015 CPC). For some measures (seizure, freezing…), the requesting party must post security: cash, precious metals, gems or valuable papers at court-set levels. Purpose: compensating the affected party if the request later proves wrongful.

Liability for wrongful requests (Article 113, 2015 CPC). A party whose wrongful request causes damage to the affected party or third parties must compensate. A double-edged sword: powerful weapon, but baseless requests can make the requester liable for the counterparty's business losses during the freeze/seizure.

Variation and cancellation. Courts may vary or cancel measures when: the requester withdraws, grounds cease, or measures are no longer needed. Affected parties may complain against application decisions.

Practical lesson: request measures only on solid grounds with genuine urgency. Abusing measures as negotiation leverage risks compensation liability and credibility before the court.

7. Detailed Q&A

What are provisional urgent measures? Court-ordered measures applied during civil proceedings to urgently address a party's pressing needs: protecting life, health, property, collecting or preserving evidence, or securing case resolution and judgment enforcement (Article 111, 2015 Civil Procedure Code).

Who may request provisional urgent measures? Litigants, their lawful representatives, or agencies/organisations/individuals suing to protect others' lawful rights and interests may request the court to apply provisional urgent measures (Article 114, 2015 CPC).

How long does the court take to review a request? Normally within 3 business days of receiving the request. In emergencies needing immediate evidence protection or prevention of serious consequences, requests filed with the statement of claim are decided within 48 hours (Article 133, 2015 CPC; Resolution 02/2020/NQ-HDTP).

Must the requesting party post security? It depends on the measure. Some measures (asset seizure, account freezing) require the requesting party to post security (cash, assets) under Article 136 of the 2015 CPC, at levels set by the court.

What if the request turns out wrongful? A party whose wrongful request for provisional urgent measures causes damage to the affected party or third parties must compensate (Article 113, 2015 CPC). Assess the grounds carefully before requesting.

Can measures be requested before filing suit? In principle the request is filed with the statement of claim or during proceedings. In emergencies, a request filed with the statement of claim is reviewed within 48 hours.

8. When to work with counsel

Provisional urgent measures are a "race against time" — the dossier must be right first time, with little room for correction within 48 hours/3 days. Counsel is needed to: (1) assess which measure fits with sufficient grounds; (2) draft the request and organise urgency evidence; (3) prepare security assets; (4) coordinate immediate enforcement upon issuance; (5) handle the affected party's complaints. FLAT Law Firm has experience handling emergency situations in commercial disputes, including requesting and enforcing provisional urgent measures.