Vietnam: What are the foreign courts’ civil judgments or decisions which shall be recognized and enforced?
- What are the foreign courts’ civil judgments or decisions which shall be recognized and enforced in Vietnam?
- What are the prescriptive periods for filing applications for recognition and enforcement of the foreign courts’ civil judgments or decisions in Vietnam?
- What are the applications for recognition and enforcement for the foreign courts’ civil judgments or decisions in Vietnam?
What are the foreign courts’ civil judgments or decisions which shall be recognized and enforced in Vietnam?
Pursuant to Article 423 of the Code of Civil Procedure 2015, there are provisions as follows:
Foreign courts’ civil judgments or decisions which shall be recognized and enforced in Vietnam
1. The following foreign courts’ civil judgments/decisions shall be recognized and enforced in Vietnam:
a) Civil, marriage, family, trade, business, labor – related judgments/decisions, decisions on properties in criminal/administrative judgments/decisions of Courts of a foreign country are provided for in International treaty to which both Vietnam and such country are signatories;
b) Civil, marriage, family, trade, business, labor – related judgments/decisions; decisions on properties in criminal/administrative judgments/decisions of Courts of a foreign country which does not sign an International treaty with Vietnam that contains regulations on recognition and enforcement of judgments and decisions of foreign Courts on the basis of principle of reciprocity;
c) Other judgments or decisions of foreign courts, which are recognized and enforced under Vietnamese law.
2. Decisions on personal identities, marriage and family of other foreign competent agencies shall be considered being recognized and enforced in Vietnam like civil judgments and decisions of foreign Court provided for in clause 1 of this Article.
Accordingly, the above civil judgments and decisions of foreign courts are considered, recognized and enforced in Vietnam.
What are the foreign courts’ civil judgments or decisions which shall be recognized and enforced in Vietnam?
What are the prescriptive periods for filing applications for recognition and enforcement of the foreign courts’ civil judgments or decisions in Vietnam?
Pursuant to Article 432 of the Code of Civil Procedure 2015, it is stipulated as follows:
Prescriptive periods for filing applications for recognition and enforcement
1. Within 03 years from the day on which the civil judgment/decision of a foreign Court takes legal effect, the judgment/decision creditors, persons with relevant legitimate rights and interests or their lawful representatives may submit their application to Vietnam’s Ministry of Justice according to provisions of International treaty to which the Socialist Republic of Vietnam and home country of such foreign Court are co-signatories or to a competent Vietnam’s Court specified in this Code to request recognition and enforcement in Vietnam of such civil judgment/decision.
2. In cases where the applicant can prove that he/she cannot submit the application within the time limit specified in clause 1 of this Article due to a force majeure event or an objective obstruct, the time periods when such force majeure event or objective obstruct occurs shall not be included in the time limit for submission of application.
Accordingly, the prescriptive period for filing applications for recognition and enforcement is within 03 years from the day on which the civil judgment/decision of a foreign Court takes legal effect.
The judgment/decision creditors, persons with relevant legitimate rights and interests or their lawful representatives may submit their application to Vietnam’s Ministry of Justice according to provisions of International treaty to which the Socialist Republic of Vietnam and home country of such foreign Court are co-signatories or to a competent Vietnam’s Court specified in this Code to request recognition and enforcement in Vietnam of such civil judgment/decision.
What are the applications for recognition and enforcement for the foreign courts’ civil judgments or decisions in Vietnam?
Pursuant to Clause 1, Article 433 of the Code of Civil Procedure 2015, it is stipulated as follows
Applications for recognition and enforcement
1. An application for recognition and enforcement must 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 head-offices must be fully inscribed; in cases where the judgment debtors being individuals do not have residence places or work places in Vietnam or the judgment debtors being agencies or organizations do not have head-offices in Vietnam, their applications must also specify the addresses of the places where exist the properties and assorted properties relating to the enforcement in Vietnam of foreign courts’ civil judgments/decisions;
c) Requests of judgment creditors; where foreign courts’ judgments/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. Applications in foreign languages must be enclosed with their Vietnamese versions which are duly notarized or authenticated.
Accordingly, an application for recognition and enforcement must contain the above principal.
In addition, applications in foreign languages must be enclosed with their Vietnamese versions which are duly notarized or authenticated.
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