Chương XXVIII Bộ luật Tố tụng dân sự 2004: Thủ tục xét đơn yêu cầu không công nhận bản án, quyết định dân sự của toà án nước ngoài không có yêu cầu thi hành tại Việt Nam

Chapter XXVIII

PROCEDURES FOR CONSIDERATION OF PETITIONS FOR NON-RECOGNITION OF CIVIL JUDGMENTS OR DECISIONS OF FOREIGN COURTS, WHICH DO NOT REQUIRE ENFORCEMENT IN VIETNAM

Article 360.- Time limit for lodging non-recognition petitions

1. Within thirty days as from the date of receipt of foreign courts’ civil judgments or decisions not requiring the enforcement in Vietnam, the involved parties, persons with related rights and obligations or their lawful representatives are entitled to file their petitions to the Ministry of Justice requesting the Vietnamese courts not to recognize such judgments or decisions.

2. In cases where the petitioners can prove that due to force majeure events or objective obstacles they can not file their petitions within the time limit prescribed in Clause 1 of this Article, the duration in which the force majeure events or objective obstacles exist shall not be calculated into the time limit for forwarding the petitions.

The restoration of the statute of limitations for forwarding petitions shall be considered and decided by the chief judges of the courts which accept the petitions.

Article 361.- Non-recognition petitions

1. A petition for non-recognition of a civil judgment or decision of a foreign court must contain the following principal details:

a) The petitioner’s name and address of his/her residence place or work place; if the petitioner is an agency or organization, the full name and head-office address of that agency or organization shall be fully inscribed.

b) Requests of the petitioner.

2. The petitions must be accompanied by valid copies of the civil judgments or decisions of foreign courts and necessary papers and documents to prove that the non-recognition petitions are well grounded.

3. The petitions and accompanying papers as well as documents in foreign languages must be enclosed with their Vietnamese versions lawfully notarized or authenticated.

4. The sending of petitions and accompanying papers to competent courts shall comply with the provisions of Article 352 of this Code.

Article 362.- Considering non-recognition petitions

1. The preparation for considering petitions and the consideration of petitions for non-recognition of foreign courts’ civil judgments or decisions shall comply with the provisions of Articles 354 and 355 of this Code.

2. The Panels for petition consideration shall be entitled to issue one of the following decisions:

a) Not recognizing the civil judgments or decisions of the foreign courts;

b) Rejecting the non-recognition petitions.

3. Foreign courts’ civil judgments or decisions which do not require enforcement in Vietnam shall not be recognized in the cases stipulated of Article 356 of this Code.

Article 363.- Forwarding courts’ decisions; appeals or protests

The forwarding of court decisions; the lodging of appeals or protests and the consideration of appeals or protests shall comply with the provisions in Articles 357, 358 and 359 of this Code.