Question 165. In a dispute of unlawful unilateral termination of LC, if an Employee, through the Court, demand lawfully notarised or certified Vietnamese translations of the evidence from an Employer or the Employer’ legal representative to be barred from travelling abroad during the dispute settlement period, but in case it is dismissed by the Court, is the Employee required to compensate for notarial translation fee and losses caused by the travel ban on the legal representative that results in his or her inability to operate the company’s business? If so, how much is the amount of compensation?


  1. Notarial translation fee

Where a concerned party delivers a document and evidence in an ethnic minority language or in a foreign language to the Court, a lawfully notarised or certified Vietnamese translation of the evidence must be enclosed[1]. For this reason, the burden of producing evidence that is eligible for these requirements lies upon the Employer. Additionally, the laws only state that the Employee is liable for the Court fee if his or her claims are dismissed by the Court.

However, the Employer (defendant to the dispute) also has the right to counterclaim in response to the claim of the plaintiff[2]. The defendant is now acting as a plaintiff in terms of rights and obligations with the counterclaim. From that standpoint, the translation may be regarded as an actual loss that has its root in the Employee’ unbiased claims. The Employer bear the burden of proof for their loss.

Thus, in principle, the Employer does not have a basis to claim compensation from the Employee for notarial translation fees, except for a counterclaim against the Employee’ claims and supporting evidence on the part of the Employer.

2. Travel ban to be imposed on the Employer

The Employee has the right to request a competent Court to impose a measure of injunctive relief such as a travel ban on the Employer’ legal representative[3]. However, such request is in fact rarely accepted by the Court except it is clear that the dispute settlement involves legal representative’s obligations to the State, or another institution/organisation/individual and his or her exit will affect the dispute settlement, the State’s interest, legitimate rights and interests of another institution/organisation/individual, or the enforcement of a judgement[4].

If the competent Court declares that the unilateral termination of LC has complied with legal provisions and the Employee’ request for injunctive relief in the form of travel ban on a legal representative is unjustifiable, the Employee must compensate the Employer under the principle of non-contractual damage in accordance with the Civil Code[5]. Accordingly, the actual loss shall be indemnified promptly and fully. Litigants can negotiate over the amount, the form (in cash or kind) or an action alternative, in a one-time payment or instalments[6].

[1] Article 96.3 of the Civil Proceedings Code

[2] Article 72 of the Civil Proceedings Code

[3] Article 111.1 of the Civil Proceedings Code

[4] Article 128 of the Civil Proceedings Code

[5] Article 113.1 of the Civil Proceedings Code

[6] Article 585 of the Civil Code