Petitions for enforcement in Vietnam of foreign civil judgments

Petitions for enforcement in Vietnam of foreign civil judgments

A.Petitions for recognition and enforcement in Vietnam of foreign civil judgments.

1. Petitions for recognition  and enforcement in Vietnam of civil judgments or decisions of foreign courts must be filed  to the Vietnamese Ministry of Justice and  contain the following principal details:

a) Full names and addresses  of residence places or work places of the judgment creditors or their lawful representatives;  if the judgment creditors are agencies or organizations, the full names and addresses of their head-offices must be fully inscribed;
b) Full names and addresses of residence  places or work places of the judgments debtors; if the judgments debtors are agencies or organizations, the full names and addresses of their the head-offices must  be fully inscribed; in cases where the judgment debtors being individuals have no so residence places or work places in Vietnam or the judgment debtors being agencies or organizations have no head-offices in Vietnam, their petitions must also specify the addresses of the places here exist the properties and assorted assets relating to the enforcement of foreign courts’ civil judgments or decisions in Vietnam.
c) Requests of judgment creditors; where foreign courts’ judgments or decisions have  been partly enforced, the judgment creditors must clearly state the executed parts and  the remaining parts requested for recognition and continued enforcement in Vietnam.

2. Petitions in foreign languages must be enclosed with their Vietnamese versions which are duly notarized or authenticated.

B. Papers, documents accompanying the petitions for recognition and enforcement in Vietnam of foreign civil judgments.

1. The petitions shall be accompanied by papers and documents provided for in international treaties which Vietnam has signed or acceded to. In cases where such international treaties do not so provide for or are not available, the petitions must be accompanied by duly certified copies of the  foreign courts’ judgments or decisions; documents certifying that such judgments or decisions have taken effect, have not expired and should be enforced in Vietnam, except where these details have already been clearly stated in the judgments or decisions; documents certifying that copies of the judgments or decisions have been sent to the judgment debtors who have to execute such judgments or decisions. In  cases where the judgment debtors or their lawful representatives are absent from foreign courts’ hearings, documents certifying that they have been duly summoned are required.

2. Papers, documents accompanying the  petitions which are made in foreign languages, must be enclosed with their Vietnamese versions which are duly notarized or authenticated.

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