Regulations On Recognition And Enforcement Judgement Of Foreign Court in Vietnam

Regulations of recognition and enforcement of foreign judgements in Vietnam mean that the competent Vietnamese courts recognise and enforce in Vietnam the judgements or decision related to civil, marriage and family, business, trade, labour or the decisions on properties in criminal/administrative judgements or decisions of foreign courts in compliance with the certain principles and procedures. This article will only focus on current regulations of recognition and enforcement of foreign judgements in Vietnam.

Regulations of recognition and enforcement of foreign judgements in Vietnam as stated in the Article 423 of Civil Procedure Code 2015 will be enforced based on the international treaties to which both of those countries and Vietnam are members; or on the basis of the principle of reciprocity; or under the laws of Vietnam on recognition and enforcement.

In current, there are only treaties on mutual legal assistance between Vietnam and foreign countries having regulations of recognition and enforcement of foreign judgements in Vietnam. However, the number of mutual legal assistance agreements that Vietnam has signed with other foreign countries is relatively low, specific only 27 countries. Therefore, enforcement of regulations of recognition and enforcement of foreign judgements in Vietnam will mainly be based on the principle of reciprocity.

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The competent Vietnamese court to refuse to recognise and enforce the civil judgements, decisions of foreign courts in Vietnam for the following reasons:

• Civil judgements or decisions of foreign courts that do not satisfy one of the conditions for being recognized provided for in international treaties of which Vietnam is a member under the regulations of recognition and enforcement of foreign judgements in Vietnam.
• Civil judgements or decisions that have not come into legal effect as provided by law of the home countries of the courts issuing them under the regulations of recognition and enforcement of foreign judgements in Vietnam.
• The persons who are obliged to execute judgements or decisions or their duly representatives are absent from the trials of the foreign courts because they have not been duly summoned or documents of the foreign courts have not been delivered to them in a reasonable period of time as prescribed in law of home country of such foreign court so that such persons can exercise the right to self-defence under the regulations of recognition and enforcement of foreign judgements in Vietnam.
• The foreign courts that have issued the judgements or decisions do not have jurisdiction to settle civil cases under the regulations of recognition and enforcement of foreign judgements in Vietnam.
• Such civil cases have been settled in legally effective civil judgements or decisions of Vietnamese courts, or before the foreign judicial authority accepted such cases, they have been accepted and are being proceeded by Vietnamese courts, or such civil cases have been settled in civil judgements or decisions issued by courts of third countries which have been recognized and allowed to be enforced by Vietnamese courts.
• Statute of limitations for enforcement under the laws of the home countries of the courts issuing such civil judgements or decisions or under the Vietnamese law on civil judgement enforcement has run out.
• The enforcement of the judgements or decisions has been annulled or cancelled at the home countries of the courts issuing such judgements or decisions.
• The recognition and enforcement of civil judgements or decisions of foreign courts in Vietnam are contrary to basic principles of laws of Vietnam, including under the regulations of recognition and enforcement of foreign judgements in Vietnam.

Above is an overview of the regulations of recognition and enforcement of foreign judgements in Vietnam in the current. If you have trouble with legal issues regarding the regulations of recognition and enforcement of foreign judgements in Vietnam, please contact us.

Phuoc & Partners is a professional consulting firm established in Vietnam and currently has nearly 100 members working in three offices in Ho Chi Minh City, Hanoi and Danang. Phuoc & Partners is also rated as one of the leading consulting firms specializing in business law in Vietnam that has leading practice areas in the legal market such as Labour and Employment, Taxation, Merger and acquisition, Litigation. We are confident in providing customers with optimal and effective civil litigation service.

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Regulations On Recognition And Enforcement Judgement Of Foreign Court in Vietnam

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Regulations of recognition and enforcement of foreign judgements in Vietnam mean that the competent Vietnamese courts recognise and enforce in Vietnam the judgements

Author

Nguyen Huu Phuoc

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Phuoc & Partners

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