1. Requirements of the interim emergency measures application
- The relevant rights and interests of the Applicant are infringed upon or threatened to be infringed upon and do not exceed the requirements in the dispute to be resolved;
- Context and situations in which the interim emergency measures are applied must be urgent;
- The damages that may occur if the interim emergency measures are not applied must be greater than the damages that will be caused to the applicable party or the third party. The purpose of the interim emergency measures is to protect the rights of the Applicant, however, the interim emergency measures application must bring general effects to society that means it must consider the unforeseeable risks to the applicable party or the third party.
2. Procedures for requesting the interim emergency measures application
- The involved parties submit a request for the interim emergency measures application;
- If the Court considers that the content and form of the application are appropriate, the Court shall request the involved parties to explain the estimated damage (if security measures are required). If the application is found to be unsuitable, the Court shall request amendments and supplements;
- If the Judge accepts the request for the interim emergency measures application, he/she shall issue the Decision to implement the security measure for the Applicant to perform, for example, depositing a sum of money in a bank designated by the Court. This measure is intended to ensure the Applicant’s compensation liability if the claim is false and causes damage to the person subject to the interim emergency measures application;
- After the Applicant has paid the security deposit, the Court shall apply the interim emergency measures immediately.
Note: When requesting the Court applies the interim emergency measures, the Applicant needs to prepare a sum of money (or other prescribed assets) with a value of at least 20% of an asset’s interim value applied to implement security interests as (iii) proposed (in accordance with Clause 2, Article 13 of Resolution 02/2020/NQ - HDTP).
3. Dossier of the interim emergency measures application
- If debtors are individuals: National identity card; Paper/ Minutes of debt; Event report; Written request on interim emergency measures; Lawyer invitation form (if authorize a lawyer to handle the case).
- If debtors are businesses: Certificate of business registration; Documents related to the debt (Contract, minutes of debt confirmation, payment invoice, minutes of acceptance, minutes of handover,...); Written request on interim emergency measures; Lawyer invitation form ( if the right of an attorney to settle the case).
Providing the above documents is a basis for a competent Court agency or an authorized lawyer to assess the solvency of the debt, and verify the legal file for applying the interim emergency measures promptly, appropriately and effectively.
The content above is Phong & Partners Law Firm’s advice about the issue of applying interim emergency measures when recovering debts. Do not hesitate to contact us if you want to understand this problem more specifically.
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Phong & Partners Law Firm
Add: 6th Floor, Thanh Loi Building, 249 Nguyen Van Linh Street, Danang city - 0905.102425
Son Tra Branch: 01 Dong Giang street, Danang city - 0905.205624
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Tel: 0236.3822678
Email: phongpartnerslaw@gmail.com
