Phần thứ sáu Bộ luật Tố tụng dân sự 2004: 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

Part Six

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

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.

Chapter XXVII

PROCEDURES FOR CONSIDERATION OF PETITIONS FOR RECOGNITION AND ENFOREMENT IN VIETNAM OF CIVIL JUDGMENTS OR DECISIONS OF FOREIGN COURTS

Article 350.- Petitions for recognition and enforcement in Vietnam of civil judgments or decisions of foreign courts

1. Petitions for recognition and enforcement in Vietnam of civil judgments or decisions of foreign courts must be filed to the Vietnamese Ministry of Justice and 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 the head-offices must be fully inscribed; in cases where the judgment debtors being individuals have no so residence places or work places in Vietnam or the judgment debtors being agencies or organizations have no head-offices in Vietnam, their petitions must also specify the addresses of the places where exist the properties and assorted assets relating to the enforcement of foreign courts’ civil judgments or decisions in Vietnam.

c) Requests of judgment creditors; where foreign courts’ judgments or 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.

3. Petitions in foreign languages must be enclosed with their Vietnamese versions which are duly notarized or authenticated.

Article 351.- Papers, documents accompanying the petitions

1. The petitions shall be accompanied by papers and documents provided for in international treaties which Vietnam has signed or acceded to. In cases where such international treaties do not so provide for or are not available, the petitions must be accompanied by duly certified copies of the foreign courts’ judgments or decisions; documents certifying that such judgments or decisions have taken effect, have not expired and should be enforced in Vietnam, except where these details have already been clearly stated in the judgments or decisions; documents certifying that copies of the judgments or decisions have been sent to the judgment debtors who have to execute such judgments or decisions. In cases where the judgment debtors or their lawful representatives are absent from foreign courts’ hearings, documents certifying that they have been duly summoned are required.

2. Papers, documents accompanying the petitions which are made in foreign languages, must be enclosed with their Vietnamese versions which are duly notarized or authenticated.

Article 352.- Transferring dossiers to courts

The Ministry of Justice must, within seven days after receiving the petitions and accompanying papers and/or documents, transfer dossiers to competent courts as provided for in Articles 34 and 35 of this Code.

Article 353.- Receiving dossiers and requesting additional explanations

1. Within three working days as from the date of receiving the dossiers transferred by the Ministry of Justice, the competent courts must accept them and notify the procuracies of the same level thereof.

2. The courts shall, within the time limit for preparing to consider the petitions, have the right to request the petitioners or the foreign courts which have rendered the judgments or decisions to explain unclear matters in the dossiers.

The written requests for additional explanations and written replies shall be sent via the Vietnamese Ministry of Justice.

3. Within seven days after receiving the written requests for additional explanations from Vietnamese courts, the Ministry of Justice shall forward such requests to the petitioners or to the foreign courts.

4. Within seven days after receiving the written explanations, the Ministry of Justice shall forward them to the Vietnamese courts which have requested such written explanations.

Article 354.- Preparation for petition consideration

1. The courts shall, within four months after receiving the petitions, make one of the following decisions, depending on each specific case:

a) To stop the petition consideration if the petitioners withdraw their petitions or the judgment debtors have voluntarily executed the judgments or decisions or the judgment debtors being individuals have died and their rights and obligations have not been inherited; or if the judgment debtors being agencies or organizations have been dissolved or have gone bankrupt and their rights and obligations have been dealt with under the provisions of Vietnamese laws;

b) To stop the petition consideration and return the dossiers to the Ministry of Justice in cases where such petitions do not fall under their jurisdiction or the judgment debtors’ addresses or the places where exist the assets related to the judgment cannot be identified;

c) To open meeting to consider the petition.

In cases where the courts request additional explanations as provided for in Clause 2, Article 353 of this Code, the time limit for petition consideration preparation shall be extended for two more months.

2. The courts must open meetings within one month after the issuance of the decisions to open meetings to consider the petitions.

The courts shall forward the dossiers to the procuracies of the same level for study within fifteen days before the opening of court meetings. At the end of this time limit, the procuracies of the same level must return the dossiers to the courts for opening meetings to consider the petitions.

Article 355.- Meetings to consider petitions

1. Petition shall be considered at a meeting conducted by a Panel consisting of three judges, one of whom shall act as the presiding judge under the court’s chief judge’s assignment.

2. The procurators of the procuracy of the same level must participate in the meeting; in cases where the procurators are absent, the meeting must be postponed.

3. The meeting shall be conducted in the presence of the judgment debtors or their lawful representatives; if they are absent for the first time for plausible reasons, the meeting must be postponed.

The petition consideration shall still proceed if the judgment debtors or their lawful representatives have filed their petitions requesting the courts to consider the petitions in their absence or if they have been duly summoned twice but are still absent.

4. The Panel shall not re-try the case but only examine and compare the civil judgment or decision of a foreign court and the papers, documents attached to the petition with relevant provisions of Vietnamese law and international treaties which Vietnam has signed or acceded to in order to make decision.

5. After having considered the petition and the attached papers and documents and listened to the opinions of the summoned people and the procurator, the Panel shall discuss and decide the case by majority.

The Panel shall have the right to issue a decision to recognize and enforce in Vietnam or not to recognize the civil judgment or decision of a foreign court.

Article 356.- Foreign courts’ civil judgments or decisions which shall not be recognized and enforced in Vietnam:

1. The civil judgments or decisions which have not yet taken legal effect under the provisions of law of the countries where the courts have rendered such judgments or decisions.

2. The judgment debtors or their lawful representatives were absent from court sessions of foreign courts because they had not been duly summoned.

3. The cases fall under the exclusive jurisdiction of the Vietnamese court.

4. There has been a legally effective civil judgment or decision on the same case, that has been made by the Vietnamese court or by the foreign court but has been recognized and permitted by the Vietnamese court for enforcement in Vietnam or the Vietnamese court has accepted and been settling the case before it is accepted by a foreign court.

5. The statutes of limitation for judgment execution have expired under the law of the countries where the courts rendered such civil judgments or decisions or under Vietnamese law.

6. The recognition and enforcement in Vietnam of the judgments or decisions of foreign courts are contrary to fundamental principles of the Vietnamese law.

Article 357.- Sending decisions of courts

As soon as decisions are issued under Articles 354 and 355 of this Code, the courts must immediately send them to the involved parties and the procuracies of the same level. If the involved parties reside overseas, the decisions will be delivered to them through the Ministry of Justice.

Article 358.- Appeal and protest

1. Within fifteen days as from the date the courts make decisions under Articles 354 and 355 of this Code, the involved parties or their lawful representatives are entitled to appeal against such decisions. In cases where the involved parties or their lawful representatives are not present at the meetings to consider the petitions, the appeal time limit shall be counted from the date they receive such decisions. The appeals must clearly state the reasons for and the requests of the appeals.

In cases where force majeure events or objective obstacles have disabled the involved parties or their lawful representatives to lodge their appeals within the above time limit, the duration in which the force majeure events or objective obstacles exist shall not be included in the time limit for appeal.

2. The procuracies of the same level or the Supreme People’s Procuracy shall be entitled to protest against court decisions prescribed in Articles 354 and 355 of this Code.

The time limit for protest by the procuracies of the same level shall be fifteen days and by the Supreme People’s Procuracy shall be thirty days, counting from the date the court make such decision.

Article 359.- Consideration of appeals, protests

1. The Supreme People’s Court shall review decisions of the provincial-level people’s courts, which are appealed or protested against, within one month as from the date of receipt of the dossiers. In case of requesting the clarification as provided for in Article 353 of this Code, this time limit shall be prolonged but must not exceed two months.

2. The composition of a Panel set up to review an appealed or protested decision shall consist of three judges, one of whom shall be assigned by the chief judge of the appeal court of the Supreme People’s Court to act as the presiding judge.

The meeting to review the appealed or protested decision shall be conducted like the meeting to consider petitions, prescribed in Article 355 of this Code.

3. The Panel shall be entitled to uphold, amend part or whole of the decision of the provincial level people’s court or to stop the consideration of the appeal or protest if the involved party withdraws his/her appeal or the procuracy withdraws its protest or if there appears one of the grounds specified at Point a, Clause 1, Article 354 of this Code.

The decision rendered by the Supreme People’s Court shall be final one and take implementation effect.

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.

Chapter XXIX

PROCEDURES FOR CONSIDERING PETITIONS FOR RECOGNITION AND ENFORCEMENT IN VIETNAM OF FOREIGN ARBITRAL AWARDS

Article 364.- Petitions for recognition and enforcement in Vietnam of foreign arbitral awards

1. Petitions for recognition and enforcement in Vietnam of foreign arbitral awards must be sent to the Vietnamese Ministry of Justice and contain the following principal details:

a) The judgment creditors’ full names and addresses of their residence places or work places or their lawful representatives in Vietnam;

If the judgment creditors are agencies or organizations, their full names and head-office addresses must be fully inscribed;

b) The judgment debtors’ full names and addresses of their residence places or work places; if the judgment debtors are agencies or organizations, their full names and head-office addresses must be inscribed; in cases where the judgment debtors being individuals have no residence places or work places in Vietnam or the judgment debtors being agencies or organizations have no head-offices in Vietnam, the petitions must be clearly inscribed with the addresses of the places where exist properties and assorted assets related to the enforcement in Vietnam of the foreign arbitral awards.

c) Requests of the judgment creditors;

2. Petitions in foreign languages must be accompanied by their Vietnamese versions lawfully notarized or authenticated.

Article 365.- Papers, documents accompanying petitions

1. Accompanied with petitions shall be papers and documents prescribed in international treaties which Vietnam has signed or acceded to. In cases where international treaties do not prescribe them or are not available, the petitions must be accompanied by valid copies of the foreign arbitral awards and valid copies of the arbitral agreement among the parties on the resolution of their disputes which may arise or have arisen through arbitration procedures, provided that the laws of relevant countries stipulate that they can be resolved through such procedures.

The arbitral agreement may be the arbitration terms provided for in the contract, or a separate agreement on arbitration, which has been concluded by the concerned parties after the disputes arise.

2. If papers and/or documents accompanying the petitions are in foreign languages, their lawfully notarized or authenticated Vietnamese versions must also be sent.

Article 366.- Transferring dossiers to courts

1. Within seven days as from the date of receiving the petitions as well as accompanying papers and documents, the Ministry of Justice shall transfer the dossiers to competent courts as stipulated in Articles 34 and 35 of this Code.

2. In cases where the Ministry of Justice has already transferred the dossiers to competent courts but later receives notices from competent foreign agencies saying that they are considering the cancellation of, or have already cancelled or suspended the foreign arbitral awards, the Ministry of Justice shall immediately notify the courts thereof in writing.

Article 367.- Receiving case files

1. Within three working days as from the date of receiving case files from the Ministry of Justice, the competent courts must accept the files and notify the judgment debtors being individuals, agencies or organizations as well as the procuracies of the same level thereof.

2. The courts are entitled to request the individuals, agencies or organizations that have filed the petitions to clarify obscure details in the petitions.

Article 368.- Preparation for considering petitions

1. Within two months as from the date of accepting petitions, the competent courts shall, on a case-by-case basis, issue one of the following decisions:

a) To suspend the consideration of petitions in case of receiving written notices from the Ministry of Justice saying that the foreign competent agencies are reviewing foreign arbitral awards;

b) To stop the consideration of petitions if the judgment creditors being individuals, agencies or organizations withdraw their petitions or the judgment debtors being individuals, agencies or organizations have voluntarily executed the judgments; the judgment debtors being agencies or organizations have been dissolved or gone bankrupt and their rights and obligations have been handled according to the provisions of Vietnamese law or the judgment debtors being individuals have died while their rights and obligations are not inherited;

c) To stop the consideration of the petitions in case of receiving written notices from the Ministry of Justice saying that foreign competent agencies have cancelled the foreign arbitral awards or stopped the enforcement thereof;

d) To stop the consideration of petitions and return the files to the Ministry of Justice in cases where such consideration does not fall within the courts’ jurisdiction, where the judgment debtors being agencies or organizations have no head-offices in Vietnam, where the judgment debtors being individuals neither reside nor work in Vietnam, or where it is impossible to identify the places where exist the assets related to the enforcement of the awards in Vietnam;

e) To open hearing sessions to consider petitions.

In cases where the courts request explanations, as provided for in Clause 2, Article 367 of this Code, the time limit for preparation for petition consideration shall be extended for two more months.

2. The courts must open hearing sessions to consider the petitions within twenty days as from the date of issuing the decisions to open such hearing sessions. The courts must forward the case files to the procuracies of the same level for study within ten days before the opening of the hearing sessions; at the end of this time limit, the procuracies must return the case files to the courts for opening hearing sessions to consider the petitions.

Article 369.- Hearing sessions for consideration of petitions

1. The consideration of a petition shall be conducted at a hearing session by a Trial Panel which is composed of three judges, one of whom shall act as the presiding judge under the assignment of the court’s chief judge.

2. Procurators of the procuracies of the same level must participate in the hearing sessions. In cases where they are absent, the hearing sessions must be postponed.

3. The hearing sessions shall be conducted in the presence of the judgment debtors or their lawful representatives; if they are absent for the first time for plausible reasons, the hearing sessions must be postponed.

The consideration of petitions shall still proceed if the judgment debtors or their lawful representatives request the courts to consider the petitions in their absence or if they have been duly summoned for the second time, but are still absent.

4. The trial panel shall not re-try the disputes which have already been dealt with by the foreign arbitrators but only check and compare the foreign arbitral awards and their accompanying papers or documents with the provisions of this Code, other provisions of Vietnamese law and relevant international treaties which Vietnam has signed or acceded to.

5. After considering the petitions and the accompanying papers or documents and hearing the opinions of the summoned persons and of the procurators, the trial panels shall deliberate the cases and make decisions by majority.

The trial panels may issue decisions to recognize and enforce the foreign arbitral awards or issue decisions not to recognize foreign arbitral awards.

Article 370.- Cases of non-recognition

1. Foreign arbitral awards shall not be recognized and enforced in Vietnam in the following cases:

a) Parties to the arbitral agreement have no capacity to sign such agreement under the law applicable to each party.

b) The arbitral agreement is legally invalid under the law of the country, which has been selected by the parties for application, or the law of the country where the awards were declared if the parties had not chosen law applicable to such agreement;

c) The judgment debtors being individuals, agencies or organizations were not promptly and properly notified of the appointment of arbitrators and of procedures for resolution of disputes at foreign arbitration organization, or could not exercise their procedural rights for plausible reasons;

d) Foreign arbitral awards are declared on disputes not requested by the parties for resolution or going beyond the request of the parties to the arbitral agreement. In cases where the awards can be separated into distinct parts on matters requested for resolution and parts on matters not requested for resolution at foreign arbitration organizations, the parts on matters requested for resolution may be recognized and permitted for enforcement in Vietnam;

e) The foreign arbitration personnel or the procedures for dispute resolution by foreign arbitrations do not comply with the arbitral agreement or with the law of the country where the foreign arbitral award is pronounced if the arbitral agreement does not prescribe such matters.

f) The foreign arbitral awards have not yet been legally binding on the parties;

g) The foreign arbitral awards have been cancelled or suspended from enforcement by competent bodies of the countries where the awards were pronounced or the countries whose laws have been applied.

2. Foreign arbitral awards shall also not be recognized and permitted for enforcement in Vietnam, if the Vietnamese courts deem that:

a) The disputes can not be resolved by arbitration under Vietnamese law;

b) The recognition and enforcement in Vietnam of the foreign arbitral awards run counter to the basic principles of Vietnamese law.

Article 371.- Forwarding court decisions

Immediately after issuing the decisions prescribed in Articles 368 and 369 of this Code, the courts shall send the decisions to the involved parties and the procuracies of the same level; if the involved parties stay abroad, such decisions shall be sent through the Ministry of Justice.

Article 372.- Appeal and protest

1. Within fifteen days as from the date the courts issue decisions prescribed in Articles 368 and 359 of this Code, the involved parties or their lawful representatives may lodge appeals against such decisions; in cases where the involved parties are not present at the hearing sessions to consider the petitions, the appeal time limit shall be counted from the date they receive such decisions. The appeals must clearly state the appeal reasons and requests.

In case of force majeure events or objective obstacles, which have rendered the involved parties or their lawful representatives unable to lodge their appeals within the above time limit, the duration in which the force majeure events or objective obstacles exist shall not be calculated into the appeal time limit.

2. The procuracies of the same level or the Supreme People’s Procuracy may protest against court decisions prescribed in Articles 368 and 369 of this Code.

The time limit for a procuracy of the same level to lodge a protest is fifteen days and that for the Supreme People’s Procuracy is thirty days, counting from the date the court issues the decision.

Article 373.- Considering appeals or protests

1. Within one month counting from the date it receives case files, the Supreme People’s Court shall review a provincial-level people’s court’s decision which is appealed or protested against. In cases where explanations are requested as stipulated in Clause 2 of Article 367 of this Code, this time limit shall be extended but must not exceed two months.

2. A panel for review of appealed or protested decisions is composed of three judges, including one presiding judge assigned by the chief judge of the appeal court of the Supreme People’s Court. The review sessions shall be conducted like the petition-considering sessions prescribed in Article 369 of this Code.

3. The Review Panels shall be entitled to uphold or partially or entirely amend decisions of the provincial-level people’s courts, to suspend or stop the review of appeals or protests in cases where the involved parties withdraw their appeals or the procuracies withdraw their protests, or where there appear the grounds prescribed at Points a, b and c of Clause 1, Article 368 of this Code.

The decisions of the Supreme People’s Court shall be the final ones and take implementation effect.

Article 374.- Annulling recognition and enforcement decisions

1. In cases where they receive written notices from the Ministry of Justice saying that foreign competent agencies are considering the cancellation or suspension of foreign arbitral awards which have been decided for enforcement in Vietnam, the heads of the civil judgment-executing agencies shall issue decisions to suspend the enforcement of the foreign arbitral awards and send such decisions to the courts which have issued the decisions to recognize and permit the enforcement in Vietnam of, foreign arbitral awards.

The heads of the civil judgment-executing agencies may apply guarantee measures necessary for the continued enforcement of the foreign arbitral awards if so requested by the judgment creditors being individuals, agencies or organizations.

2. Immediately after receiving the written notices from the Ministry of Justice saying that foreign competent agencies have annulled or suspended the enforcement of foreign arbitral awards, the Vietnamese courts which have issued decisions to recognize the foreign arbitral awards and permit their enforcement in Vietnam shall issue decisions to cancel such decisions and send them to the judgment-executing agencies.

Right after receiving the courts’ decisions, the heads of civil judgment-executing agencies shall issue decisions to stop the enforcement of the foreign arbitral awards.