A request to freeze accounts and assets in civil cases: 03 important notes according to Vietnam’s regulations

In civil proceedings, interim measures (“IM”) are considered an important legal measure to promptly protect the legitimate rights and interests of the parties during the dispute resolution process at the Court.

In this article, BLawyers Vietnam will present notes about the application:

1. An IM to request the freezing accounts at banks, other credit institutions, and the State Treasury (“IM Freezing Account”); and
2. An IM to request the freezing of assets at the depository or the assets of the obligor (“IM Freezing Assets”).

and thereby clarifying the role and legal limits of an IM under Vietnamese law.

1. The right to request the application of an IM

A request to apply an IM must also meet the rights conditions, specifically as follows:

1. The parties, the legal representatives of them or agencies, organizations, and individuals initiating civil lawsuits to protect the legitimate rights and interests of others, public interests, and the interests of the State, have the right to request the application of IM; or
2. In case of emergency, it is necessary to immediately protect evidence and prevent possible serious consequences, agencies, organizations, and individuals have the right to request the Court to apply IM at the same time as filing a lawsuit with that Court; or
3. The Court itself decides to apply an IM according to the provisions of law.

Therefore, before deciding to submit an application for an IM, it is necessary to consider the above conditions before doing so.

2. Conditions to note before requesting to apply the IM Freezing Accounts, the IM Freezing Assets

2.1. Legal Conditions for Implementation

First, the IM Freezing Accounts is applied if:

1. There is evidence that the obligated person has an account at a bank, other credit institution, or state treasury; and
2. The application of this measure is necessary to ensure the settlement of the case or the execution of the judgment.

Second, the IM Freezing Assets is applied if:

1. There is evidence to believe that the obligor has assets; and
2. The application of this measure is necessary to ensure the settlement of the case or the execution of the judgment.

So, to apply IM Freezing Accounts or IM Freezing Assets, the requester must meet the above conditions.

Note: If there is an incorrect application of an IM causing damage to the person subject to the IM or a third party, the requester must compensate. In other words, the person requesting the application of an IM does not meet the conditions stated in this section and section 2.2 below, causing damage to the person subject to the IM or a third party; the requester must compensate.

2.2. Security conditions

In addition to meeting the legal conditions for implementation as stated above, the requester also needs to note that, when requesting the Court to apply an IM Freezing Accounts, or an IM Freezing Assets, the requester must submit to the Court a security deposit (“Security Deposit”) such as:

1. The guaranteed document is secured by assets of a bank or other credit institution or of another agency, organization, or individual; or
2. Deposit a sum of money, precious metals, gemstones, or valuable papers determined by the Court.

The Security Deposit must be equivalent to the loss or damage that may arise as a result of the incorrect application of the IM to protect the interests of the person against whom the IM is applied and to prevent abuse of the right to request the application of the IM by the person entitled to request.

Note:

1. The application of an IM shall only be considered and decided by the Judge or the Trial Panel when the requester has completed the obligation to implement the security conditions as prescribed by law.
2. The Security Amount shall be determined by the Judge or the Trial Panel, depending on the potential damages that may arise as a result of the improper application of the IM. Accordingly, the Security Amount shall not be less than 20% of the estimated value of the asset subject to the requested measure, unless otherwise provided by law.

3. Time and jurisdiction to apply, amend, or revoke an IM

According to Vietnamese law, depending on the stage of the litigation process, the decision to apply, amend, or revoke an IM will be different, specifically:

1. Before opening the trial, the application, amendment, or revocation of an IM will be considered and decided by 01 Judge; and
2. At the trial, the application, amendment, or revocation of an IM will be considered and decided by the Trial Panel.

The above is not official advice from BLawyers Vietnam. If you have any questions or suggestions about the above, please contact us at info@blawyersvn.com. BLawyers Vietnam would love to hear from you.

Date: 07 August 2025

Writer: Thanh Huynh