Is the divorce judgment adjudicated by a foreign court valid in Vietnam?

Is the divorce judgment adjudicated by a foreign court valid in Vietnam?

Pursuant to Article 423 of the 2015 Civil Procedure Code, the recognition of foreign judgments in Vietnam is as follows:

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.

Thus, in the case of a judgment relating to marriage and family to which both Vietnam and the country whose court has heard the case are members, such judgment will be recognized in Vietnam.

Vietnam and France currently have a mutual legal assistance agreement. Therefore, the above judgment can be considered and recognized in Vietnam.

Request Vietnamese court to recognize a foreign court's judgment

According to Article 425 of the 2015 Civil Procedure Code, the right to request recognition and enforcement of foreign court judgments in Vietnam is as follows:

1. The judgment creditors or their lawful representatives may file petitions with Vietnamese Courts for recognition and enforcement of civil judgments or decisions of foreign Courts or foreign arbitral award 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 award exist in Vietnam at the time when the applications are filed.

2. Judgment debtors or their lawful representatives may request the Vietnamese Courts to refuse to recognize the civil judgments/decisions of foreign Courts.

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

Thus, according to the above regulations, it is mandatory that the individual subject to enforcement must be residing and working in Vietnam. Therefore, in your case, you need to be present in Vietnam at the time of request to make the request for recognition of the divorce judgment.

Application for recognition and enforcement of foreign court judgments

Article 433 of the 2015 Civil Procedure Code provides for applications for recognition and enforcement of foreign court judgments as follows:

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.

Best Regards!