Recognition and/or enforcement of foreign money judgments

Overview on the sources of law

Code of Civil Procedure No. 92/2015/QH13 (part 7)

https://wipolex-res.wipo.int/edocs/lexdocs/laws/en/vn/vn083en.html

 

I. General principles on recognition and enforcement of civil judgments and decisions of foreign courts in Vietnam

1. According to Article 423 Civil Procedure Code, the foreign courts’ civil judgments and decisions shall be recognized and enforced in Vietnam include:

– Judgments and decisions on civil, marriage and family, business, trade, labor, decisions on property in criminal and administrative judgments and decisions of foreign courts are stipulated in international treaties to which that country and the Socialist Republic of Vietnam are signatories;

– Judgments and decisions on civil, marriage and family, business, trade, labor, decisions on property in criminal and administrative judgments and decisions of foreign courts where that country and the Socialist Republic of Vietnam are not members of an international treaty with provisions on recognition and enforcement of judgments and decisions of foreign courts on the basis of the principle of reciprocity;

– Other judgments and decisions of foreign courts, which are recognized and enforced under Vietnamese law.

– Decisions on personal identities, marriage and family of other foreign competent agencies shall be considered being recognized and enforced in Vietnam like civil judgments and decisions of foreign Court provided for in clause 1 of this Article.

2. The Vietnamese courts shall only initiate the procedure to examine the recognition and enforcement of civil judgments and decisions of foreign courts if the following conditions are met: 

– An application for the recognition and enforcement of civil judgments and decisions of foreign courts in Vietnam has been submitted;

– The judgment debtors being individuals reside or work in Vietnam, or the judgment debtors being agencies or organizations headquartered in Vietnam or their properties related to the enforcement of the judgments or decisions of foreign Courts exist in Vietnam at the time when the applications are filed.

3. When considering the application for recognition and enforcement of civil judgments and decisions of foreign courts in Vietnam, the Court shall not re-adjudicate the dispute decided by foreign courts. The Court shall be only entitled to check and compare the civil judgment and decision of the foreign Court, papers and documents included in the application with the provisions of the Civil Procedure Code, other relevant Vietnam’s law provisions and international treaties to which the Socialist Republic of Vietnam is a signatory to form the basis for the issuance of decision whether to recognize or not recognize the foreign court judgment and decision.

4. Any foreign courts’ civil judgment and decision recognized and enforced in Vietnam by a Vietnamese Court shall be legally effective like an effective decision of the Vietnamese Court and shall be enforced according to procedures for civil judgments enforcement.

– A foreign court’s civil judgment/decision shall be enforced in Vietnam only when the decision of the Vietnamese Court to recognize and enforce such civil judgment/decision takes legal effect.

– The State of Vietnam shall ensure the transferring of money and property collected from the enforcement of foreign court civil judgments/decisions recognized and enforced by Vietnamese courts to the foreign country. The transferring of such money and properties shall comply with Vietnamese law.

 

II. Regarding the procedural process for examining applications for recognition and enforcement of foreign courts civil judgments and decisions in Vietnam

1. Time limit for submission of applications for recognition and enforcement

Within 03 years from the day on which the civil judgment/decision of a foreign Court takes legal effect, the judgment/decision creditors, persons with relevant legitimate rights and interests or their lawful representatives may submit their application to Vietnam’s Ministry of Justice according to provisions of international treaty to which the Socialist Republic of Vietnam and home country of such foreign Court are co-signatories or to a competent Vietnam’s Court specified in the Civil Procedure Code to request recognition and enforcement of such civil judgment/decision.in Vietnam.

2. The application for recognition and enforcement of foreign court civil judgments/decisions in Vietnam must have the following:

– Full names and addresses of residence places or workplaces of the judgment creditors or their lawful representatives in Vietnam; if the judgment creditors are agencies or organizations, the full names and addresses of their head-offices must be fully inscribed;

– Full names and addresses of residence places or workplaces of the judgments debtors; if the judgments debtors are agencies or organizations, the full names and addresses of their head- offices must be fully inscribed; in cases where the judgment debtors being individuals do not have residence places or work places in Vietnam or the judgment debtors being agencies or organizations do not have head-offices in Vietnam, their applications must also specify the address where the property located and the types of the property relating to the enforcement of foreign courts’ civil judgments and decisions in Vietnam

– Requests of judgment creditors.

Note: Applications in foreign languages must be enclosed with their Vietnamese versions which are duly notarized or authenticated.

3. Papers and documents enclosed with the applications

The applications shall be enclosed with papers and documents specified in the international treaties to which the Socialist Republic of Vietnam is a signatory; in case where there is no international treaty or the international treaty does not provide for, the following papers and documents shall be enclosed with the application:

a) Originals or certified true copies of the judgment/decision issued by the foreign Court;

b) Documents made by the foreign Court or other competent foreign agencies certifying that such judgment/decision has taken legal effect, has not expired and should be enforced in Vietnam, except where these details have already been clearly stated in the judgment/decision;

Note: Papers and documents enclosed with the application that are in foreign languages must be enclosed with their Vietnamese versions which are duly notarized or authenticated. If the document is issued by a foreign authority, organization, or individual, it must be consular legalized.

4. Forwarding dossiers to Courts

Within 05 working days from the date of receipt of the application and enclosed papers, documents, the Ministry of Justice must forward them to the competent Court.

5. Acceptance of dossiers

Within 05 working days from the date of receipt of the dossiers from the Ministry of Justice or the application and enclosed papers and documents from the applicant, the competent Courts shall, based on Article 363, 364 and 365 of the Civil Procedure Code, consider, accept and notify in writing to the judgment creditors, the judgment debtors or their lawful representatives in Vietnam, the People’s Procuracy at the same level and the Ministry of Justice.

6. Cases of non-recognition

– Foreign courts’ civil judgments and decisions do not satisfy one of conditions for being recognized provided for in international treaties to which the Socialist Republic of Vietnam is a signatory.

– Civil judgments/decisions that have not taken legal effect as provided for in law of. – Civil judgments and decisions that have not yet taken legal effect according to the provisions of the law of the home countries of the Courts issuing them 

– Judgment debtors or their lawful representatives are absent from the Court sessions of the foreign Courts because they have not been duly summoned or documents of the foreign Courts have not been delivered to them in a reasonable time period as prescribed in law of home country of such foreign Court so that such persons can exercise the right to self-defense.

– The foreign Courts that have issued the judgments/decisions do not have jurisdiction to settle civil cases as prescribed in Article 440 of the Civil Procedure Code.

– Such civil cases have been settled in legally effective civil judgments/decisions of Vietnamese Courts or before the foreign court accepts the case, a Vietnamese Court has accepted and is resolving the case or there is a civil judgment or decision of a third country’s Court that has been recognized and enforced by a Vietnamese Court.

– Time limit for enforcement of judgments prescribed in law of the home countries of the Courts issuing such judgments/decisions or in Vietnam’s law on civil judgment enforcement has been exceeded.

– The enforcement of the judgments/decisions has been canceled or terminated at the home country of the Court issuing such judgments/decisions.

– The recognition and enforcement of civil judgments/decisions of foreign Courts in Vietnam are contrary to basic principles of law of the Socialist Republic of Vietnam.

7. Appeals

Within 07 days from the date the Court issues a decision to temporarily suspend or suspend the consideration of the application, and 15 days from the date the Court issues a decision to recognize and enforce or not recognize the judgment/decision of a foreign Court, the involved parties and their legal representatives have the right to appeal against that decision; in case the involved parties and their legal representatives are not present at the meeting to consider the application, the appeal period shall be calculated from the date they receive the decision. The appellate petition must clearly state the reasons and the request for appeal.

In cases where there is a force majeure event or objective obstacle that prevents the involved parties or their legal representative from appealing within the above-mentioned time limit, the time of such force majeure event or objective obstacle shall not be included in the time limit for appeal.