Foreign civil judgments which shall not be recognized and enforced in Viet Nam

Foreign civil judgments which shall not be recognized and enforced in Viet Nam

1. Foreign civil judgments or decisions which have not yet taken legal effect under the provisions of law of the countries where the courts have rendered such judgments or decisions.

2. The judgment debtors or their lawful  representatives were absent from court sessions of foreign courts because they had not been duly summoned.

3. The cases fall under the exclusive jurisdiction of the Vietnamese court.

4. There has been a legally effective civil judgment or decision on the same case, that has been made by the Vietnamese court  or by the foreign court but has been recognized and permitted by the Vietnamese court for enforcement in Vietnam or the Vietnamese court has accepted and been settling the case before it is accepted by a foreign court.

5. The statutes of limitation for judgment execution have expired under the law of the countries where the courts rendered such  civil judgments or decisions or under Vietnamese law.

6. The recognition and enforcement in Vietnam of the judgments or decisions of  foreign courts are contrary to fundamental principles of the Vietnamese law.

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Source: Vietnam Civil Procedure Code 2004.

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