Instructions for requesting recognition and enforcement of foreign judgments must follow strict civil procedures. Accordingly, a competent Court in Vietnam will consider instructions for requesting recognition and enforcement of foreign judgments based on 02 fundamental principles: (i) on the basis of international treaties between Vietnam and the nation in which the Court issued the judgment; and (ii) on the basis of the principle of reciprocity.
In order to receive the instructions for requesting recognition and enforcement of foreign judgments, the creditors or their legal representatives have the right to submit an application for recognition and enforcement in Vietnam of civil judgments and decisions of foreign Courts according to the following sequence and procedures:
Instructions for requesting recognition and enforcement of foreign judgments regarding to the submission of an application for recognition and enforcement of foreign judgments
A dossier of application for recognition and enforcement in Vietnam of civil judgments and decisions of foreign Courts shall be submitted at: (i) Vietnam’s Ministry of Justice; or (ii) the competent Vietnam’s Court. The time limit for filing is 03 years from the date of the foreign Court’s civil judgment or from the date on which the decision takes legal effect.
If the applications and papers, documents attached to the applications in foreign languages, they shall be enclosed with their Vietnamese versions which are duly notarized or authenticated. The applications shall ensure all principal content as prescribed in the Code of Civil Procedure 2015.
Instructions for requesting recognition and enforcement of foreign judgments regarding to the process of the application for recognition and enforcement of foreign judgments
Forwarding of dossiers to Courts
If the applications and papers, documents attached to the applications are submitted at Vietnam’s Ministry of Justice, within 05 working days from the date of reception of the dossiers, the Ministry of Justice shall address the dossiers to the competent Courts as provided for consideration and acceptance.
Acceptance of dossiers
Within 05 working days from the day on which the dossiers sent from the Ministry of Justice are received or from the day on which the applications and attached papers and documents sent from the applicants are received, the Chief Justice of the Court shall assign a Judge to handle the application.
If the application and documents and evidence of the request for recognition and enforcement are eligible for acceptance, the Judge shall notify the petitioner about the fee payment within 05 working days and accept the application (when the applicant submits the fee receipt to the Court). Next, the Court shall notify in writing to the applicant, the person with interests and duties relevant to the civil matter resolution and to the Procuracy of the same level of the acceptance of the application within 03 working days from the date of acceptance of the application.
Preparation for consideration of applications and Participants in meetings for resolving civil matters
Time limit for preparation for consideration of an application shall be 04 months from the day on which it is accepted. Within such time limit, on a case-by-case basis, the Court shall issue one of the following decisions:
a) To suspend the consideration of the application;
b) To terminate the consideration of the application;
c) To open a meeting for considering the application.
In cases where there are no grounds for the Court to issue a decision to suspend or terminate the consideration of the application, at the time of time limit expiration for preparation for consideration of applications, the Court shall issue a decision to open a meeting for resolving civil matters and ensure that the meeting opens within one month from the date of the decision to open the meeting for resolving civil matters.
After checking the application and attached papers and documents and listening to opinions of the summoned people and of the Procurator, the Panel shall discuss and make a decision under the majority rule to recognize and enforce in Vietnam or a decision to not recognize a civil judgment/decision of a foreign Court.
Within 15 days from the date of issuance of the decision, the Court shall serve such decision to involved parties or their lawful representatives, the Ministry of Justice and the Procuracy of the same level.
The above is an overview of the instructions for requesting recognition and enforcement of foreign judgments. If you have trouble with legal issues regarding the instructions for requesting recognition and enforcement of foreign judgments, please contact us: Phuoc & Partners is a professional consulting firm established in Vietnam which currently has nearly 100 members working in three offices in Ho Chi Minh City, Hanoi and Danang. Phuoc & Partners. It is rated as one of the leading consulting firms specializing in business law in Vietnam that has leading practice areas in the legal market such as Labour and Employment, Taxation, Merger and acquisition, Litigation. We are confident in providing customers with optimal and effective service.
