How Vietnamese Firms Can Navigate Czech Courts: A Practical Guide to Litigation

Vietnamese companies expanding into the European market increasingly discover that disputes with Czech partners may require litigation in Czech courts. This guide explains the key procedural requirements and strategic considerations Vietnamese firms must take to successfully litigate in the Czech Republic. You will learn what makes Czech civil procedure fundamentally different from Vietnamese law and how to avoid costly mistakes that can derail your case.

Understanding Czech court structure and jurisdiction

The Czech judicial system operates differently from Vietnam's court hierarchy, and this distinction has immediate practical consequences for Vietnamese businesses. Czech civil courts are generally organized into district courts (okresní soud) at the first instance level and regional courts (krajský soud) which serve primarily as appellate bodies but also as first-instance courts for specific specialized matters.

High Courts (vrchní soud) act as appellate courts for cases starting at the regional level, while the Supreme Court handles extraordinary appeals. This structure means that your case will almost certainly pass through multiple court levels, each with distinct procedural requirements and time implications.

Jurisdiction in Czech courts is determined by both personal jurisdiction and subject-matter jurisdiction. For Vietnamese companies, the Brussels I bis Regulation governs jurisdiction in civil and commercial matters when the defendant is domiciled in the EU. This means a Czech court may claim jurisdiction over your dispute based on several grounds: the defendant's domicile in the Czech Republic, the place where contractual performance was supposed to occur, or even where the harmful event took place.

The practical implication is that your Vietnamese firm could find itself defending a Czech lawsuit even if your contract is silent on jurisdiction. Under Brussels I bis and the Czech Act on Private International Law, if your Czech partner sues you in their home district court, that court likely has jurisdiction unless you can establish that an exclusive jurisdiction clause points elsewhere. ARROWS Law Firm regularly advises Vietnamese clients on whether Czech courts have jurisdiction over their disputes and helps determine the optimal forum for litigation.

Key procedural differences between Czech and Vietnamese civil procedure

Vietnamese companies accustomed to the Vietnamese Civil Procedure Code will find Czech procedure to be markedly different in several critical ways. Unlike Vietnam's approach, where courts may exercise broader investigative powers, Czech civil procedure imposes strict burdens on parties to present their complete case. This is governed by the principle of "concentration of proceedings," meaning parties must present facts by a specific procedural deadline.

In Czech courts, the court generally does not actively investigate facts on its own initiative. Instead, Czech judges evaluate evidence presented by the parties themselves, applying what is called the "free evaluation of evidence" (volné hodnocení důkazů). You cannot rely on the court discovering facts; you must present them yourself with supporting documentation.

The burden of proof rests entirely on the parties. Unlike Vietnam, where courts may intervene more actively to clarify facts, Czech courts limit the taking of evidence strictly to what is proposed by the parties, unless exceptional circumstances apply. ARROWS Law Firm advises Vietnamese clients on this procedural reality when preparing claims, ensuring that all necessary evidence is identified and organized before filing.

microFAQ – Legal tips on Czech procedural requirements

1. Can we submit additional evidence after filing our initial claim in Czech court?
Generally yes, but only until the "concentration of proceedings" occurs (usually at the end of the first hearing or a court-imposed deadline). After this point, courts will reject "late" evidence unless you prove you could not have submitted it earlier. Courts strongly prefer that key evidence be submitted with the initial claim. Contact office@arws.cz to understand how to structure your evidence strategy.

2. Does the Czech court conduct its own investigation to discover facts, like Vietnamese courts might?
No. Czech courts apply the adversarial principle. You must present your facts and evidence; the court evaluates strictly what you submit. This requires careful preparation before filing. Write to office@arws.cz to discuss your evidence preparation.

Filing a claim in Czech courts: Essential requirements and hidden pitfalls

Filing a statement of claim (žaloba) in Czech courts sounds straightforward but contains numerous procedural pitfalls that have derailed Vietnamese companies' cases. The statement of claim is not a narrative description of your dispute. Rather, it is a legally structured document that must follow the Civil Procedure Code's mandatory format and content requirements.

The statement of claim must identify the parties with high precision. This means the full legal name, registered office address, identification number (IČ), and the names and details of statutory representatives for each party. For a Vietnamese company, this includes your Czech registration details if you have a branch registered in the Czech Commercial Register (obchodní rejstřík). If the court determines that the defendant is incorrectly identified, your claim can be dismissed.

Your claim must contain a precise statement of the relief you seek (petit). Vague language such as "compensation for damages" is insufficient. You must specify an exact amount in Czech koruna (CZK) or foreign currency, a specific performance, or a declaratory judgment stating a legal relationship. The amount you claim also determines the court fee you must pay.

You must designate evidence supporting each factual allegation in your claim. This is not optional. Czech courts expect you to list specific documents, witness statements, expert reports, or other evidence that supports each fact necessary to resolve your dispute. Many Vietnamese firms underestimate this requirement and file claims without complete evidence, only to discover later that their case has grown substantially weaker because they cannot prove critical facts.

The statement of claim must be filed in the Czech language. This is a strict requirement. Any document submitted in Vietnamese, English, or another foreign language generally requires a certified Czech translation prepared by a court-appointed interpreter (soudní tlumočník). A mistranslated commercial term or contract provision can change how the court understands your dispute.

ARROWS Law Firm has extensive experience preparing statements of claim for Vietnamese clients and other foreign businesses. The firm coordinates certified translations, ensures all procedural requirements are met, and structures evidence to maximize the persuasiveness of your case.

microFAQ – Legal tips on statement of claim preparation

1. What happens if we file a claim with incomplete information about the defendant's Czech registration details?
The court will likely issue a resolution calling for correction within a short deadline. If you fail to correct it properly, the proceedings will be stopped. Have ARROWS Law Firm verify all defendant details before filing at office@arws.cz.

2. Can we submit our original contracts and documents in Vietnamese, or must everything be in Czech?
Documentary evidence in a foreign language must generally be accompanied by a translation into Czech. While simple emails might sometimes be accepted in English by some judges during preliminary phases, for a formal judgment, a certified translation is usually required. Untranslated foreign documents may be disregarded. Let office@arws.cz arrange professional translations.

Court fees and cost allocation: Understanding financial exposure

Vietnamese companies often underestimate the financial cost of Czech litigation because they assume each party bears its own legal costs. Czech law operates on a different principle: the losing party typically reimburses the winning party's reasonable court fees and attorney costs. This "loser pays" system creates significant financial exposure if your case is lost or partially lost.

Court fees (soudní poplatek) are generally calculated as a percentage of the amount claimed. For a standard monetary claim, the fee is typically 5% of the claimed amount, and it must be paid upon filing or upon the court's call for payment.

Beyond court fees, you face attorney costs. If the court determines your claim was well-founded, the losing defendant must generally reimburse your attorney fees based on the Czech "lawyers' tariff" (advokátní tarif). However, if you lose or partially lose your case, you pay the defendant's legal costs calculated according to this tariff.

The complexity of cost allocation in Czech litigation demands careful financial planning from the outset. ARROWS Law Firm advises Vietnamese clients on realistic cost exposure before litigation begins, helping them understand not only the cost of pursuing a claim but the financial risk if the case is lost.

The payment order procedure: A fast-track option for undisputed claims

For Vietnamese companies with straightforward payment claims against Czech debtors, the payment order procedure (návrh na vydání platebního rozkazu) offers a faster alternative to contested litigation. This procedure is available when your claim is for a specific monetary amount and the right to payment follows from the facts alleged.

The process begins by filing an application with the competent district court. If the court finds your claim well-founded, it issues a payment order directing the defendant to pay the debt plus costs within 15 days or to file an objection.

The speed advantage is substantial. A properly filed payment order application can result in an enforceable title within weeks or a few months, compared to 12 to 36 months for contested litigation. However, if the defendant files an objection, the payment order is cancelled in full, and the case automatically transforms into standard civil litigation.

For Vietnamese firms with multiple unpaid invoices from Czech customers, the payment order procedure can be highly efficient. ARROWS Law Firm helps Vietnamese clients evaluate whether payment order proceedings are appropriate for their disputes.

Language requirements and the role of certified translations

Language represents one of the most underestimated procedural barriers Vietnamese companies face in Czech courts. All court proceedings must be conducted exclusively in the Czech language. Your oral testimony at hearings must be delivered in Czech via a court-appointed interpreter, and written pleadings must be in Czech.

A certified Czech translation (soudní překlad) is prepared by a court-appointed interpreter registered with the Czech Ministry of Justice. The interpreter attaches the translation to the original document and stamps it with their official seal, which is mandatory for formal evidence.

The cost and timeline implications are significant. Certified translations are charged per "standard page" (1,800 characters including spaces). A complex international commercial contract might require dozens of pages of translation. In civil disputes, the party proposing the evidence typically bears the initial cost of the interpreter and translation.

Beyond cost and timing, translation quality matters profoundly. A mistranslated contract clause or invoice term can fundamentally alter how the Czech court understands your claim. ARROWS Law Firm coordinates certified translations for Vietnamese clients, ensuring that technical legal terms are translated consistently and correctly within the context of your dispute.

Determining which court has jurisdiction: A strategic decision

The question of which Czech court should hear your dispute is not merely technical; it has strategic and practical consequences. As discussed earlier, jurisdiction is determined by law, but specific rules apply regarding the hierarchy.

Since 2014, district courts (okresní soud) act as the first-instance courts for the vast majority of disputes. However, regional courts (krajský soud) retain exclusive first-instance jurisdiction over specific types of specialized disputes, such as matters involving intellectual property or unfair competition.

Filing in the wrong court can be a costly error. If you file a trademark dispute in a district court, the court will declare a lack of competence and transfer the case to the regional court, causing a delay of several months. Conversely, filing a standard commercial debt claim in a regional court will result in a similar transfer. ARROWS Law Firm analyzes jurisdictional rules for each Vietnamese client's dispute and recommends the optimal court forum.

Evidence strategy: What Czech courts will and will not accept

Czech civil procedure's treatment of evidence creates significant strategic implications for Vietnamese companies. Parties must generally designate all evidence by the end of the first hearing. Additionally, Czech courts operate within a framework where documentary evidence often carries the most weight in commercial disputes.

Documentary evidence—contracts, invoices, payment records, emails—forms the foundation of Czech litigation. For Vietnamese companies, this means organizing documentation carefully: invoices must include dates, amounts, descriptions of goods or services, and payment terms.

Witness testimony is admissible, but the judge evaluates it freely alongside other evidence. If you intend to call witnesses, you must designate them and provide their addresses for summons. Note that in commercial disputes, courts often prioritize clear documentary trails over conflicting oral testimonies.

Expert evidence (znalecké posudky) is highly formalized. If technical or specialized knowledge is needed, the court may appoint an expert from an official list, and the party proposing the evidence is usually required to pay an advance for the expert's costs.

Risks and sanctions	How ARROWS Law Firm helps (office@arws.cz)
Procedural dismissal due to incorrect claim format: Filing a claim without all required elements results in the court requiring corrections or rejecting the claim.	Claim preparation and review: ARROWS Law Firm drafts statements of claim to ensure all procedural requirements are met, preventing initial rejections.
Untranslated foreign evidence: Submitting documents in Vietnamese or English without certified Czech translation may result in the court ignoring this evidence.	Translation coordination: ARROWS Law Firm arranges certified translations by court-appointed interpreters, ensuring all evidence is admissible.
Late submission of evidence: Failing to submit evidence before the "concentration of proceedings" (usually first hearing) leads to the evidence being disregarded.	Evidence audit and organization: ARROWS Law Firm conducts evidence audits, ensuring all proofs are gathered and submitted within statutory deadlines.
Wrong court jurisdiction: Filing in an incorrect court results in transfer of the case, delaying resolution by months.	Jurisdictional analysis: ARROWS Law Firm identifies the correct subject-matter and territorial jurisdiction before filing.
Underestimating cost exposure: Losing parties reimburse winning parties' costs; financial exposure is higher than many Vietnamese companies anticipate.	Cost-benefit analysis: ARROWS Law Firm advises on realistic cost exposure and litigation risk before proceedings begin.

Representing a Vietnamese company in Czech courts: Legal representation requirements

Czech law imposes different representation requirements depending on the court level. At the district court level, representation by an attorney is not strictly mandatory by law; a company representative can technically conduct proceedings. However, this is strongly discouraged as a representative without Czech legal training will be at a severe disadvantage.

At the appellate level and Supreme Court level, legal representation by a qualified attorney is generally mandatory or practically indispensable due to the complexity of legal arguments required. ARROWS Law Firm strongly recommends that Vietnamese companies be represented by experienced Czech litigation counsel at all stages.

Appeals and extraordinary appeals: Understanding Czech review procedures

If the court of first instance decides your case, you have the right to appeal (odvolání) within 15 days of receiving the written judgment. Appeals in Czech procedure are limited: generally, you cannot introduce new facts or evidence that you could have presented earlier. The appellate court reviews the legal application and procedural correctness based on the record already established.

An extraordinary appeal (dovolání) to the Supreme Court is available against final decisions of appellate courts, but only under strict legal conditions. It is admissible only if the decision depends on a question of substantive or procedural law that has not yet been resolved by the Supreme Court or represents a departure from established case law.

For Vietnamese companies, the practical implication is that the first instance is crucial. You must present your full case there. ARROWS Law Firm represents Vietnamese clients in appellate proceedings and provides realistic assessments of appeal prospects.

Enforcement of Czech judgments: Converting a victory into payment

Obtaining a favorable judgment is not the final step; the judgment must be enforced. Czech law provides effectively for enforcement through private bailiffs (soudní exekutor). Enforcement begins when the judgment becomes final and enforceable (res iudicata).

The creditor files an enforcement proposal with a bailiff selected by the creditor. The bailiff has extensive powers to seize bank accounts, garnish receivables, seize movable property, or sell real estate.

Under Czech law, the costs of enforcement are primarily borne by the debtor. The bailiff typically sends a notice giving the debtor a 30-day period to pay voluntarily with reduced enforcement costs. If the debtor fails to pay, the bailiff proceeds with forced execution.

For Vietnamese companies, the critical point is acting fast to secure assets. ARROWS Law Firm advises on enforcement strategy and works with efficient bailiff offices to maximize recovery rates.

Enforcing Czech judgments in Vietnam: Cross-border enforcement

A related question arises when your Czech opponent has assets in Vietnam. The Czech Republic and Vietnam have a Treaty on Mutual Legal Assistance in Civil and Criminal Matters which provides a legal basis for the recognition and enforcement of court judgments between the two countries.

However, the process is not automatic. You must initiate proceedings in the competent Vietnamese court to have the Czech judgment recognized, and the court will verify if the judgment complies with the conditions of the Treaty.

This process can be bureaucratic and time-consuming. ARROWS Law Firm advises Vietnamese companies on this reality and can coordinate with local Vietnamese counsel to facilitate the recognition process under the Treaty.

International arbitration as an alternative to Czech court litigation

For Vietnamese companies, international arbitration often offers a superior alternative to court litigation. If your commercial contract includes a valid arbitration clause, disputes can be resolved by the Czech Arbitration Court or other bodies.

Arbitration offers advantages such as confidentiality, the possibility to conduct proceedings in English, and generally faster resolution. Crucially, arbitral awards are enforceable in Vietnam under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

However, arbitration costs can be higher upfront. ARROWS Law Firm recommends including well-drafted arbitration clauses in contracts with Czech partners if cross-border enforcement is a concern.

Mediation and alternative dispute resolution: Pre-litigation options

Before pursuing litigation, consider mediation. In the Czech Republic, a registered mediator can help parties reach a settlement. If a settlement agreement is reached and approved by a court, it becomes directly enforceable.

Czech law provides that commencing mediation suspends the statute of limitations. ARROWS Law Firm regularly represents clients in settlement negotiations and mediation to achieve cost-effective resolutions.

microFAQ – Legal tips on dispute resolution alternatives

1. If mediation fails, can statements we made to the mediator be used against us in court?
Generally, mediation is confidential. However, ensure you are using a Registered Mediator under the Czech Mediation Act to enjoy full statutory confidentiality protections.

2. Is arbitration available if our contract is silent on dispute resolution?
No. You must have a written arbitration agreement. If the contract is silent, state courts have jurisdiction. However, parties can agree to arbitration even after a dispute arises (compromise agreement).

The critical role of the Czech data box system

A crucial procedural element is the Czech "Data Box" (datová schránka). This is a mandatory government-guaranteed electronic communication system. Every legal entity entered in the Czech Commercial Register (including branches of foreign companies) is automatically assigned a data box.

Documents delivered to your data box by a court are deemed officially delivered the moment you log in. Crucially, if you do not log in, the document is deemed delivered 10 days after it became available in the box, which can lead to default judgments being issued against you without your knowledge.

ARROWS Law Firm manages data boxes for international clients or advises on proper monitoring to ensure no deadlines are missed.

Executive summary for management

• Czech civil procedure is strict: It relies on the "concentration of proceedings." You must present evidence early, usually by the first hearing.
• Financial exposure involves "loser pays": Losing litigation means paying your own costs plus the opponent's legal costs. Upfront court fees are approx. 5% of the claim.
• Formalities matter: Claims require precise formatting, correct party identification, and certified translations of foreign documents.
• Enforcement is key: Czech judgments are enforceable via private bailiffs. Cross-border enforcement in Vietnam is supported by a 1984 Treaty but requires specific recognition proceedings.
• Professional help is essential: The combination of language barriers and mandatory electronic communication makes professional representation by a firm like ARROWS Law Firm necessary.

Conclusion of the article

Vietnamese companies expanding into the Czech Republic will occasionally find themselves embroiled in disputes. When this occurs, understanding the fundamental differences between Czech and Vietnamese civil procedure is critical. Czech courts are document-driven and adversarial; they expect parties to be active and legally precise.

The pathway to successful litigation begins with careful evidence organization, correct jurisdiction assessment, and professional legal strategy.

If your Vietnamese company faces a dispute with a Czech partner, do not attempt to navigate Czech courts alone. Contact ARROWS Law Firm to discuss your dispute and receive professional guidance by writing to office@arws.cz to schedule a consultation.

FAQ – Frequently asked legal questions about navigating Czech courts for Vietnamese firms

1. Can a Vietnamese company sue in Czech courts without registering a subsidiary?
Yes. A Vietnamese entity has legal capacity to sue in Czech courts. You may need to provide an extract from the Vietnamese business register to prove your existence and valid representation.

2. How long does a typical commercial dispute take?
An undisputed payment order can be resolved in 2-4 months. A contested lawsuit at a district court typically takes 12-18 months. If appealed, add another 6-12 months.

3. If we win a judgment, how do we get paid?
You must file for enforcement with a private bailiff (exekutor). The bailiff can freeze bank accounts and seize assets. The costs of enforcement are generally recovered from the debtor.

4. Who pays for the interpreter at hearings?
In civil disputes, the party requesting the evidence (testimony requiring interpretation) usually must pay an advance for the interpreter's costs. These costs can later be claimed as part of the total litigation costs reimbursement if you win the case.

5. Is arbitration better than court?
Often yes, for international commerce. It is confidential and awards are enforceable worldwide under the New York Convention. However, it requires a valid arbitration clause in your contract.

6. Are Czech court judgments automatically enforced in other EU countries?
Yes. Under the Brussels I bis Regulation, a Czech judgment is automatically enforceable in any other EU member state without special recognition proceedings.

Disclaimer: The information contained in this article is for general informational purposes only and serves as a basic guide to the issue. Although we strive for maximum accuracy in the content, legal regulations and their interpretation evolve over time. To verify the current wording of the regulations and their application to your specific situation, it is therefore necessary to contact ARROWS Law Firm directly (office@arws.cz). We accept no responsibility for any damage or complications arising from the independent use of the information in this article without our prior individual legal consultation and expert assessment. Each case requires a tailor-made solution, so please do not hesitate to contact us.