Chương XXVI Bộ luật Tố tụng dân sự 2004: Quy định chung về thủ tục công nhận và cho thi hành tại Việt Nam bản án, quyết định dân sự của toà án nước ngoài, quyết định của trọng tài nước ngoài

Chapter XXVI

GENERAL PROVISIONS ON PROCEDURES FOR RECOGNITION AND ENFORCEMENT IN VIETNAM OF CIVIL JUDGMENTS OR DECISIONS OF FOREIGN COURTS AND/OR FOREIGN ARBITRAL AWARDS

Article 342.- Civil judgments or decisions of foreign courts, foreign arbitral awards

1. Civil judgments or decisions of foreign courts 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.

2. Foreign arbitral awards mean awards that are rendered outside the territory of Vietnam or within the territory of Vietnam by foreign arbitrators selected by the parties concerned to resolve disputes arising from legal business, commercial or labor relations.

Article 343.- Principles for recognition and enforcement of civil judgments or decisions of foreign courts or arbitral awards of foreign arbitrators

1. Vietnamese courts shall consider, recognize and enforce in Vietnam civil judgments or decisions of foreign courts in the following cases:

a) Civil judgments or decisions of courts of the countries which, together with Vietnam, have signed or acceded to international treaties on this matter;

b) Judgments or decisions of foreign courts, which are recognized and enforced under Vietnamese law.

2. Vietnamese courts shall consider, recognize and enforce in Vietnam foreign arbitral awards if such awards are declared in a countries or by arbitrators of the countries which have together with Vietnam signed or acceded to international treaties on this matter.

3. Civil judgments or decisions of foreign courts or arbitral awards of foreign arbitrators 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.

4. Civil judgments or decisions of foreign courts or arbitral awards of foreign arbitrators shall be enforced in Vietnam only after they are recognized and permitted for enforcement by Vietnamese courts.

5. 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.

6. Vietnamese courts shall consider the non-recognition of 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.

Article 344.- Right to request the recognition and enforcement of civil judgments or decisions of foreign courts or foreign arbitral awards

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 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.

Article 345.- Ensuring the right to appeal or protest

The involved parties shall be entitled to appeal or the procuracies shall be entitled to protest against court decisions to recognize or not recognize civil judgments or decisions of foreign courts or foreign arbitral awards to immediate superior courts for review under the provisions of this Code.

Article 346.- Ensuring the effect of Vietnamese courts’ decisions to recognize or not recognize civil judgments or decisions of foreign courts or foreign arbitral awards

1. Civil judgments or decisions of foreign courts or foreign arbitral awards, which have been recognized and permitted by Vietnamese courts for enforcement in Vietnam shall have full legal effect like legally effective civil judgments or decisions of Vietnamese courts and be enforced according to the civil judgment-executing procedures. Civil judgments or decisions of foreign courts, which are not recognized by Vietnamese courts, shall have no legal effect in Vietnam.

2. Foreign arbitral awards which have been recognized and permitted by Vietnamese courts for enforcement in Vietnam shall have full legal effect like legally effective decisions of Vietnamese courts and be enforced according to the civil judgment-executing procedures.

Article 347.- Notices on the results of petition consideration

Vietnamese courts shall, within fifteen days as from the date of issuing decisions, notify through the Ministry of Justice the foreign courts which have rendered the judgments or decisions, the involved parties, individuals, agencies and/or organizations related to the decisions of the results of consideration of the petitions for recognition and enforcement in Vietnam of such judgments or decisions; and notify the individuals, agencies or organizations that have filed the petitions and other individuals, agencies or organizations relevant to the Vietnamese courts’ decisions of the results of consideration of the petitions for recognition and enforcement in Vietnam of foreign arbitral awards.

Article 348.- Ensuring the right to transfer money or property for execution of civil judgments or decisions of foreign courts or foreign arbitral awards

The State of the Socialist Republic of Vietnam shall ensure the transfer from Vietnam to foreign countries of money and assets for enforcement of civil judgments or decisions of foreign courts or foreign arbitral awards, which have been recognized and permitted by Vietnamese courts for enforcement in Vietnam. Such transfer of money and assets shall comply with Vietnamese laws.

Article 349.- Fees for recognition and enforcement of civil judgments or decisions of foreign courts or foreign arbitral awards

Persons who file petitions for recognition and enforcement in Vietnam of foreign courts’ civil judgments or decisions or foreign arbitral awards must pay fee amounts prescribed by Vietnamese laws.