Recognition and enforcement of foreign civil judgments in Vietnam

Recognition and enforcement of foreign civil judgments in Vietnam

I. Foreign civil judgments or decisions for recognition and enforcement in Vietnam

Foreign civil judgments or decisions are judgments or decisions on civil, marriage and family, business, commercial or labor matters, decisions on the property matters in criminal or administrative judgments or decisions of foreign courts and other judgments or decisions of foreign courts which are considered civil judgments or decisions under Vietnamese law.

II. Principles for recognition and enforcement of foreign civil judgments in Vietnam 

1. Vietnamese courts shall consider,  recognize and enforce in Vietnam foreign civil judgments or decisions in the following cases:
a) Foreign civil judgments or decisions of courts of the countries which, together with Vietnam, have signed or acceded to international treaties on this matter;
b) Foreign Judgments or decisions of foreign courts, which are recognized and enforced under Vietnamese law.

2. Foreign civil judgments or decisions may also be considered by Vietnamese courts for recognition and enforcement in Vietnam on a reciprocal  basis without requiring Vietnam and such foreign countries to sign or accede to international treaties on such matter.

3. Foreign civil judgments or decisions of foreign courts shall be enforced in Vietnam only after they are recognized and permitted for enforcement by Vietnamese courts.

4. oreign civil judgments or decisions of foreign courts, which are not requested to be enforced in Vietnam and against which no non-recognition requests have been filed shall be automatically recognized in Vietnam under the international treaties which Vietnam has signed or acceded to.

5. Vietnamese courts shall consider  the non-recognition of foreign civil judgments or decisions of foreign courts, which are not requested to be enforced in Vietnam, only when there are petitions for non-recognition thereof.

III. Right to request the recognition and enforcement of foreign civil judgments or decisions of foreign courts

1. The judgment creditors or their lawful representatives may  file petitions with Vietnamese courts for recognition and enforcement of foreign civil judgments or decisions of  foreign courts or foreign arbitral awards  if the judgment debtors being individuals reside or work in Vietnam, or the judgment debtors being agencies or organizations are headquartered in Vietnam or their properties related to the enforcement of the judgments or decisions of foreign courts or foreign arbitral awards exist in Vietnam at the time when the applications are filed.

2. The involved parties, persons with related legitimate rights and interests or their lawful representatives may file their petitions requesting Vietnamese courts not to recognize judgments or decisions of foreign courts which are not requested for enforcement in Vietnam.

Source: Vietnam Civil Procedure Code 2004

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