The Legal Framework on Time Limits for Pre-Trial Preparation in Commercial Cases in Vietnam: Current Situation and Reform Directions

Abstract

Procedural deadlines serve as an essential safeguard to balance efficiency and fairness in judicial adjudication. In Vietnam, the legal framework governing time limits for pre-trial preparation in commercial cases is primarily set out in Article 203 of the Civil Procedure Code 2015. However, ambiguities regarding the commencement and expiration of the preparation period, coupled with unclear criteria for extensions, have led to inconsistent judicial practice and widespread delays. This article examines the statutory framework, analyses practical challenges through case law and judicial practice, and provides comparative insights from France, Japan, and Russia. It argues that the current regime remains overly rigid, lacking sufficient flexibility to address the complexity of commercial disputes, while also leaving significant gaps that undermine legal certainty. The paper concludes by proposing legislative reform to extend preparation periods, clarify the grounds for extension, and strengthen judicial accountability and oversight mechanisms. These reforms aim to enhance both the timeliness and fairness of commercial adjudication in Vietnam.