Suing a vietnamese person for defamation or intentional tort

Last activity 16 October 2022 by Guest2023

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HappylemonMember05 October 2022 10:21:01

Does anyone know anything about suing someone in Vietnam for defamation or Intentional tort? My mum is in a civil litigation case. My mum had purchased land in Vietnam 14 years ago but because she is a British citizen, she asked my cousin to step in to me the named buyer. Fast forward, my cousin has launched a civil litigation case against my mother and my mother will now have to settle it since the paper work my mum had made 14 years ago was not water tight. My family has essentially lost all of our life savings, my brothers have lost their inheritance, and my old parents have lost their pension.

I am very upset by this and believe there has to be a way to pursue justice. I have been researching and think a possible route is to sue for defamation or intentional tort. I know no one is a lawyer on here, but I wanted to throw it out here to see if anyone knows anything about this.

I believe I would have the evidence to sue for defamation - since my cousin had accused my mum of stealing HER land and this isn't true, she had gone to all my family members telling them my mum is a thief and that is not true.

International tort for emotional distress - what my cousin has done is utterly outrageous and has caused my mum severe mental anguish. I wonder if I can sue for this as well.

As you can see, I am very desperate and would appreciate any comments. I just want justice.

I would advise against doing any form of business in Vietnam. My mum has said this court ordeal has been awful and that the Vietnamese courts will always side with the Vietnamese citizen.

MalcolmleitrimSerial expat05 October 2022 10:53:48

204

@Happylemon I would say you have no hope of success. Foreigners cannot own land in Vietnam so no vietnamese court is going to accept that your mother does.

AndyHCMCVietnam Expert05 October 2022 11:21:43

1855

@Happylemon

I can understand your frustration and anger but the next step should be your mum speaking face to face with her lawyer.

No matter what is said on here it's not personal legal advice which is what you need.

Dan C516Member05 October 2022 13:46:03

If your family are Việt Kieu you have more potential. Most importantly is that you’re able to proof the money that you’ve sent to buy the land. Overall you should contact a lawyer for this case since it’s very common. I have a very good lawyer that I use here in Vietnam for lots of legal stuff. Let me know if ure planning to look for one.

williamherron13Active member05 October 2022 22:57:16

Do an online search and you should find lots of firms that have Brits or US lawyers. Also check the websites of the US and British embassies for recommendations.

Des500New member05 October 2022 23:58:49

A defamation case must cause financial loss. So for instance if someone were to slander a business online & the business lost financially they would have a case. If this was just your cousin calling your mother a thief then forget it, courts won't award for hurt feelings.

Ask a lawyer & some will say "yes yes yes, you have a case" & ask for a deposit, later they'll explain the 'difficulties'.

Expat42inVNMember06 October 2022 04:01:36

Does the original paper trail still exist? Can it be proved that she brought the money into the country and that the money was used to pay for the land?

(Presumably the cousin cannot prove that they had enough money.)

@Happylemon

GuestPoster1236Guest06 October 2022 14:26:10

214245

14 years ago......

A foreigner basically buys land & puts it in another person's name, that happens to be Vietnamese .

***

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long Bui17New member16 October 2022 14:17:38

My law firm can help you with that. *****

We invite you to add your details to our Business Directory

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GuestPoster1236Guest16 October 2022 15:29:37

#10

214245

@Happylemon You didn't provide many details, so I can only assume the issue is that your cousin is claiming the land as her own and is not willing to share with the family.

Rather than continue fighting a losing battle in Vietnamese court, you should try to reach a settlement. *****

Moderated by AndyHCMC 2 years ago
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GuestPoster1236Guest16 October 2022 20:13:02

#11

214245

Does the original paper trail still exist? Can it be proved that she brought the money into the country and that the money was used to pay for the land?
(Presumably the cousin cannot prove that they had enough money.)
@Happylemon
-@Expat42inVN

Exactly what needs to be done. Gives you some chance of proving that the cousin didnt pay for it.

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