Civil litigation in vietnam with foreigner

Hi
Does anyone know if the courts in Vietnam are able to prevent a foreigner from leaving the country? My mum is caught in a civil dispute in Vietnam with a family member and she is scared that the courts will prevent her from leaving the country. I've never heard about this and have seen one article online saying that the courts can prevent a foreigner from leaving the country until the civil dispute is resolved but as we know in Vietnam a civil dispute can take 2 years. My mum hasn't committed a crime... Can someone shed light on this?

Can the British foreign office or consulate in Vietnam help at all ?

Thanks
-@Happylemon

I think your first port of call should be the The British Consulate General in Ho Chi Minh or UK they should be able to shed light on it.

@AndyHCMC I did call them and they said that they can't advise on legal matters

@AndyHCMC I did call them and they said that they can't advise on legal matters
-@Happylemon

One would like to think that a UK citizen would get legal advice on if they can be stopped leaving a country without any charges against them.

Do you have a link on Vietnam can prevent her from leaving or just word of mouth?

@AndyHCMC

Yes via this article

https://www.smartraveller.gov.au/destin … %20matter.

exact wording: If you're in a business or civil dispute, officials could stop you leaving Vietnam until it’s resolved

Also my mum was threatened by my cousin - she had asked the courts to prevent my mum from leaving the country. I don't think it was followed through as I was also saying to my mum that this shouldn't be possible to prevent a British citizen from leaving the country especially if there is no criminal case but my mum was insistent that this is a very real possibility in Vietnam especially if someone pays the correct bribe.

So I'm currently just advising my mother to leave the country for now just to de-risk the situation and continue the court battle through a representative. Utter nightmare.

So I'm currently just advising my mother to leave the country for now just to de-risk the situation and continue the court battle through a representative. Utter nightmare.
-@Happylemon

I recall reading the same thing about barring someone from leaving when a civil action is before the courts, though I can't remember where just now.

I believe your advice to your mom is sound. She could then return later if it becomes necessary.

@AndyHCMC I did call them and they said that they can't advise on legal matters
-@Happylemon

Can they at least direct you to a law firm?  If not, try the US Consulate HCMC website as mentioned recently in another thread.   I won't link it as it is easy enough to find.   A short description for each firm may lead you to decide which one to contact first.   A few seem to specialize in family law while a few specialize in big corporate matters which you won't need.

Yes I think my mum has now got a lawyer but I will definitely shop around for lawyers especially lawyers who have dealt with this similar case. Someone in the courts told my mum that he has seen this sort of dispute 100s of times i.e. many viet kieu ask family members to put their names on paper to buy property/ land in Vietnam and then years later get stabbed in the back. My mum did make my cousin sign papers to state that my mum can sell and earn proceeds from the land and that my cousin owes my mum a debt. I wish I can speak to people on here who know off or have heard of similar situations just so I can understand how this might play out. I feel like since my mum has the papers it should be ok but I don't know how vietnamese courts are like.

Either way, I'll be advising my mum to return to the UK and figure out next steps when she is safely back in UK soil as I do believe the courts can prevent someone from leaving if there is a civil litigation case, and civil litigation case can take 2 years+ in Vietnam.

Utter nightmare. I can't explain to everyone how I am feeling inside. My grandma in Vietnam just passed away 4 months ago and now a month ago my cousin and her whole family launches a campaign against my mum to steal my mums property and investment. It just pains me that the only family members I have can do this to my mum and my family. I am a Viet Kieu myself and I just can't put into words how this makes me feel.

Someone in the courts told my mum that he has seen this sort of dispute 100s of times i.e. many viet kieu ask family members to put their names on paper to buy property/ land in Vietnam and then years later get stabbed in the back.
-@Happylemon

I know of several Hawaii Vietnamese residents who have availed themselves of the same situation with differing results.  Sometimes it works out fine, others it is a disaster.  I know of one woman, the sister of a friend, who had her house in HCM sold by her brother who was living in it, before she even knew.  She has not taken legal action, but in his own family, he is certainly not widely admired for what he did. She in fact likely had a clean title as she was the widow of a VC Colonel who bought the house after reunification (or just appropriated it.)  She only came to the US after he died of natural causes.  She would likely handily win a case but can't bring herself to charge her brother. 

I think this type of secondary ownership mostly started after the death of Secretary General Le Duan in 1986 and the opening up of the country to tourism in 1991. Viet Kieu could visit and had the money but were not legally allowed to buy.  Also at that time, unlike today, Vietnamese property seemed a real bargain compared to any American or European urban area.  A home equity line of credit could easily buy a house in HCM, but no longer.  Now with the availability of Vietnamese passports, and de facto even if not de jure dual citizenship, these types of arrangements should be fewer and fewer as VK, if they still wish to buy, will opt to do so in their own names.

By the way, I admire the way you call your mother "mum".  We called our mother Mummy as my family has recent English origins. In my youth, I never knew anyone outside of my own family that did not say "mom" which always sounded so harsh to me.

So I'm currently just advising my mother to leave the country for now just to de-risk the situation and continue the court battle through a representative. Utter nightmare.
-@Happylemon

I recall reading the same thing about barring someone from leaving when a civil action is before the courts, though I can't remember where just now.
I believe your advice to your mom is sound. She could then return later if it becomes necessary.
-@Aidan in HCMC

If the case is not before a court and there is no court order for her to not exit - removing her may be your best cause of action for now.

I know through my side of the family and that of my sister-in-law's family matters can be brutal and to the point of vindictive, greed is a huge motivation over morals and decency.

I can 100% understand your pain I've seen the spitefulness firsthand that comes with greed and a sense of entitlement when it comes to cases of inheritance etc

I really do wish you and your mum well in resolving the unfortunate turn of events.

Please return and let us know any updates which may help other members in similar situations.

@Happylemon it depends on whether your mom is   currently the suspect, the accused, or the person with relevant obligations in a criminal case; a defendant or a person with relevant obligations in the civil case you mentioned. The court may issue an order supending your mom's exit. The applicable law does not specify the conditions for the issuance of such order, i.e., valid reasons for restricting one's exit of Vietnam and this has been very much debated by the competent authorites. Until such order is issued, your mom is not restricted from the exit of the country. 

@Happylemon it depends on whether your mom is  currently the suspect, the accused, or the person with relevant obligations in a criminal case; a defendant or a person with relevant obligations in the civil case you mentioned. The court may issue an order supending your mom's exit. The applicable law does not specify the conditions for the issuance of such order, i.e., valid reasons for restricting one's exit of Vietnam and this has been very much debated by the competent authorites. Until such order is issued, your mom is not restricted from the exit of the country.
-@huongarizona

Thank you for that, Huongarizona. Good insight, and valuable info for the expat.com forum.

So, if I understand you correctly, in a civil action the party who initiates the suit (potentially, Happylemon's mom) would usually not be forbidden to exit Vietnam, but the party who is being sued (in this case, Happylemon's cousin) would/could be forbidden to exit? However, and as a court's order should never be presumed, there is always the possibility that both/either side in the action could be ordered not to exit Vietnam.

If I've misunderstood, please correct me. There have been inquiries from expats concerning these matters, wherein the expat is the party being sued.

Thank you again.

*Just as an aside, but I thought I should mention that in Commonwealth Nations, in a civil action the parties involved are referred to as 'the applicant' (the party initiating the action/sueing), and as 'the respondent' (the party who is being sued).

@Aidan in HCMC hi so it’s my cousin who initiated and sued my mum. So I think my mum said that if my cousin pays £10k she can order the judge to not let my mum exit the country. It sounds like under a civil litigation this can happen

Thank you for everyone’s comments. I just want to clarify on here it is my cousin who is a dual citizen Vietnamese and American who has sued my mum who is a British citizen. My cousin is essentially trying to commit theft as my mum had invested in land in vietnam 15 years ago and had asked my cousin to be the named buyer but my mum has papers to say my mum is allowed to sell the land and own proceeds. Effectively all the investment and the land is owned by my mum. Fast forward my cousin is Sueing my mum since my mum has gone ahead and sold the land but this sale is now being blocked by my cousin who claims my mum is selling her land without permission ( this is indeed false since my mum has papers to allow her to sell it). I just wanted to give more context.

my mum is a defendant in this case and I believe in vietnam, the courts can prevent you from leaving the country in order to settle a civil dispute. i am unsure if this applies to British citizens since my mum is not a Vietnamese citizen. This is what i want clarification on.

Good clarification Happylemon. Thank you for that. And I agree on your advice to your mom to return home and come back just prior to the court date.

A VN court's order to not exit the country would certainly apply to your mom, or to any other person who is currently in VN.

If the case is not before a court and there is no court order for her to not exit - removing her may be your best cause of action for now.

-@AndyHCMC

^^^ THIS ^^^

@AndyHCMC I did call them and they said that they can't advise on legal matters
-@Happylemon
One would like to think that a UK citizen would get legal advice on if they can be stopped leaving a country without any charges against them.

Do you have a link on Vietnam can prevent her from leaving or just word of mouth?
-@AndyHCMC

Can foreigners sued in civil cases in Vietnam go abroad?

@Aidan in HCMC

So, if I understand you correctly, in a civil action the party who initiates the suit (potentially, Happylemon's mom) would usually not be forbidden to exit Vietnam, but the party who is being sued (in this case, Happylemon's cousin) would/could be forbidden to exit [Your understanding is correct. This is expressly provided under the Law on entry, exit, transit and residence of foreigners in Vietnam ]?

However, and as a court's order should never be presumed, there is always the possibility that both/either side in the action could be ordered not to exit Vietnam

[ If Happylemon's cousin files a counterclaim against her mother at the court and request the court to suspend her mother's exit from Vietnam with supporting documents, in which case the court may issue an exit restriction order to her mother and send such restriction order to the immigration authority for enforcement. As it is silent under the applicable laws on the conditions and procedures for issuance of such order, it is essential to check the authority of the competent person  (chief judge of the court) and the legal basis for the issuance of such order.

Just wanted to update everyone that my mum is going to settle with my cousin. As much as I don't want to see it, my mum has come to terms with it and has agreed to give half of the land away. This is truly upsetting but better than my mum having everything stolen.

The ordeal has caused significant stress on my mum.

I want to pursue some sort of justice. I have been researching and you can sue someone for intentional tort for causing emotional distress. I am planning to go down this route. However, I don't know what Vietnam's legal situation is with intentional tort?

Many thanks

Just wanted to update everyone that my mum is going to settle with my cousin. As much as I don't want to see it, my mum has come to terms with it and has agreed to give half of the land away. This is truly upsetting but better than my mum having everything stolen.
The ordeal has caused significant stress on my mum.

I want to pursue some sort of justice. I have been researching and you can sue someone for intentional tort for causing emotional distress. I am planning to go down this route. However, I don't know what Vietnam's legal situation is with intentional tort?

Many thanks
-@Happylemon

Good stuff, Happylemon, and thank you for your PM. Kind words.

As matters proceed, and pending your having the time, feedback on your mom's progress through the courts would be greatly appreciated.

Best of luck.