1. Judgments/Decisions can be recognized under the provisions of Vietnamese law

Pursuant to Clause 1, Article 423 of the 2015 Civil Procedure Code, the following civil judgments and decisions of foreign courts shall be considered for recognition and enforcement in Vietnam:

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

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

c) Other civil judgments and decisions of foreign courts that are recognized and enforced by Vietnamese law.

2. Judgments/Decisions cannot be recognized by Vietnamese Courts:

Pursuant to Article 439 of the 2015 Civil Procedure Code, civil judgments and decisions not recognized in Vietnam include:

+ Judgments/Decisions that do not satisfy one of the conditions for recognition stipulated in international treaties to which Vietnam is a member;

+ Judgments/Decisions that have not yet entered into legal effect in the country issuing the Judgment/Decision;

+ The person subject to enforcement/Legal representative was absent from the Court session of the foreign Court due to not being properly summoned or the document not being served within a reasonable time;

+ The foreign court that issued the judgment or decision does not have the authority to resolve the civil case according to the provisions of Article 440 of the 2015 Civil Procedure Code.

+ This civil case has a civil judgment or decision that has come into legal effect of a Vietnamese court 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.

+ The statute of limitations for enforcement of the judgment has expired according to the law of the country where the court issued the civil judgment or decision or according to the law on enforcement of civil judgments of Vietnam.

+ The enforcement of the judgment or decision has been annulled or suspended in the country where the court issued the judgment or decision.

+ The recognition and enforcement of a civil judgment or decision of a foreign court in Vietnam is contrary to the fundamental principles of Vietnamese law.

3. Procedures for requesting recognition of foreign Court judgments/decisions

a) Persons entitled to request:

According to Clause 1, Article 425 of the 2015 Civil Procedure Code, persons entitled to request recognition and enforcement of foreign court judgments and decisions are the persons entitled to enforcement or their legal representatives.

Time limit for request: within 3 years from the date the civil judgment or decision of the foreign court takes legal effect. However, according to Clause 2, Article 432 of the 2015 Civil Procedure Code, if it is proven that due to force majeure or objective obstacles the application cannot be submitted on time, the time limit for request may be longer.

b) Required documents:

Pursuant to Articles 433 and 434 of the Civil Procedure Code and the 1993 Agreement, the request for recognition of a judgment/decision includes:

- Application for recognition and enforcement;

- Original or certified copy of the judgment or decision issued by a foreign court;

- Statement of reasons;

- Document of a foreign court or other competent foreign authority confirming that the judgment or decision is legally effective, has not expired and needs to be enforced in Vietnam, except in cases where the judgment or decision clearly states these contents;

- Document of a foreign court or competent foreign authority confirming the result of valid service of the judgment or decision to the person subject to enforcement;

- Documents from foreign courts or competent foreign authorities confirming that the person subject to enforcement or his/her legal representative has been duly summoned in case the foreign court issues a judgment in their absence.

These documents must be accompanied by a Vietnamese translation by an interpreter.

c) Place of receipt of the request:

Pursuant to Articles 435 and 436 of the 2015 Civil Procedure Code, the request may be submitted to:

- The Ministry of Justice, or

- A competent court.

4. Fees for procedures for recognition of foreign judgments/decisions in Vietnam

Pursuant to Article 38 of Decision 326/2016/UBTVQH14, it is required to pay court fees in cases a person/organize requests the Vietnam Court to recognize and enforce in Vietnam of a foreign court's civil judgment/decision.

Pursuant to the List of Court fees issued together with Decision 326/2016/UBTVQH14, the fee for recognition and enforcement in Vietnam of a foreign court's judgment/decision is VND 3,000,000.

The above are some legal provisions on recognition of foreign court judgments/decisions in Vietnam. This article is for informational purposes only and is not intended to be advisory. For more detailed advice, please contact: info@barrso.com