Chapter V
PROVISIONAL URGENT MEASURES
Article 60. Right to request application of provisional urgent measures
1. In the course of settlement of a case, involved parties or their representatives may request the court settling such case to apply one or several provisional urgent measures specified in Article 62 of this Law to provisionally deal with urgent requests of involved parties, protect evidence or preserve the current state so as to prevent irremediable damage or to assure judgment execution.
2. In emergency cases when it is necessary to immediately protect evidence or to prevent possible serious consequences, individuals, agencies or organizations may file applications to request competent courts to issue decisions on application of provisional urgent measures specified in Article 62 of this Law simultaneously with the filing of lawsuit petitions with such courts.
3. Requesters for application of provisional urgent measures are not required to pay a security.
Article 61. Competence to decide on application, change or cancellation of provisional urgent measures
1. The application, change or cancellation of provisional urgent measures before the opening of a court hearing shall be considered and decided by a judge.
2. The application, change or cancellation of provisional urgent measures during a court hearing shall be considered and decided by the trial panel.
Article 62. Provisional urgent measures
1. Suspension of execution of administrative decisions, disciplinary decisions on dismissal or decisions on handling of competition cases.
2. Suspension of performance of administrative acts.
3. Ban on or compulsion of performance of certain acts.
Article 63. Suspension of execution of administrative decisions, disciplinary decisions on dismissal or decisions on handling of competition cases
The measure of suspension of execution of an administrative decision, disciplinary decision on dismissal or decision on handling of a competition case shall be applied if in the course of settlement of a case there is a ground to believe that such decision is unlawful and the execution thereof will lead to irremediable serious consequences.
Article 64. Suspension of performance of administrative acts
The measure of suspension of performance of an administrative act shall be applied when there is a ground to believe that such administrative act is unlawful and the continued performance thereof will lead to irremediable serious consequences.
Article 65. Ban on or compulsion of performance of certain acts
The measure of ban on or compulsion of performance of certain acts shall be applied if in the course of settlement of a case there is a ground to believe that performance or non-performance of some certain acts by an involved party has affected the settlement of the case or the rights and legitimate interests of other persons involved in the case being settled by the court.
Article 66. Liability for requesting the application of inappropriate provisional urgent measures
1. An involved party that requests the court to issue a decision on application of a provisional urgent measure shall be held responsible before law for his/her request. If he/she is at fault in causing damage, he/she shall pay compensations.
2. The court that has applied a provisional urgent measure not true to the request of an involved party, causing damage to the person subject to this measure or to a third party shall pay compensations.
Article 67. Procedures for application of provisional urgent measures
1. Persons who request the court to apply provisional urgent measures shall send their written requests to competent courts, enclosed with evidence of the necessity to apply these measures.
2. A written request for application of a provisional urgent measure must contain the following principal details:
a/ Date of writing the request;
b/ Name and address of the requester;
c/ Name and address of the person against whom the provisional urgent measure is requested to be applied;
d/ Summarized contents of the administrative decision, disciplinary decision on dismissal, decision on settlement of a complaint about a decision on handling of a competition case or administrative act over which the lawsuit is instituted;
e/ Reason for application of the provisional urgent measure;
f/ Provisional urgent measure which needs to be applied and specific requirements. 3. For a request for application of a provisional urgent measure specified in Clause 1, Article 60 of this Law, the judge assigned to settle the case shall consider and handle the request. Within 48 hours after receiving a request, the judge shall issue a decision on application of a provisional urgent measure. In case of rejecting a request, the judge shall notify such in writing to the requester, clearly stating the reason.
In case the trial panel receives a request for application of a provisional urgent measure during a court hearing, it shall consider and issue a decision on immediate application of the provisional urgent measure. In case of rejecting a request, the trial panel shall notify such to the requester and record such in the court hearing minutes.
4. For a request for application of a provisional urgent measure specified in Clause 2. Article 60 of this Law, after receiving a request enclosed with a lawsuit petition and evidence, the court president shall assign a judge to accept and handle the request. Within 48 hours after receiving a request, the judge shall consider and issue a decision on application of a provisional urgent measure. In case of rejecting a request, the judge shall notify such in writing to the requester, clearly stating the reason.
Article 68. Change or cancellation of provisional urgent measures
At the request of involved parties, courts shall consider and decide to change or cancel provisional urgent measures.
Procedures for changing or canceling provisional urgent measures comply with Article 67 of this Law.
Article 69. Effect of decisions on application, change or cancellation of provisional urgent measures
1. Decisions on application, change or cancellation of provisional urgent measures shall become, effective immediately for implementation.
2. Courts shall immediately deliver or send decisions on application, change or cancellation of provrsional urgent measures to involved parties, same-level procuracies and civil judgment enforcement agencies.
Article 70. Complaints or recommendations about decisions on application, change or cancellation or on non-application, non-change or non -cancellation of provisional urgent measures".
1. Involved parties may file complaints and procuracies may file recommendations with presidents of courts currently settling cases about decisions on application, change or cancellation of provisional urgent measures or non-issuance of such decisions by judges. The time limit for filing a complaint or recommendation is 3 working days after the receipt of a decision on application, change or cancellation of a provisional urgent measure or a judge's notice of non-issuance of such decision.
2. At a court hearing, involved parties may complain and the procuracy may recommend to the trial panel about the application, change or cancellation of a provisional urgent measure or non-application, non-change or non-cancellation of such measure.
Article 71. Settlement of complaints or recommendations about decisions on application, change or cancellation or on non-application, non-change or non-cancellation of provisional urgent measures
1. Court presidents shall consider and settle complaints or recommendations mentioned in Clause 1, Article 70 of this Law within 3 working days after receiving these complaints or recommendations.
2. Court presidents' decisions on settlement of complaints or recommendations are final and shall be immediately delivered or sent to involved parties, same-level procuracies and civil judgment enforcement agencies.
3. The settlement of complaints or recommendations at court hearings falls within the competence of trial panels. Trial panels' decisions on settlement of complaints or recommendations are final.
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