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Phần thứ bảy Bộ luật tố tụng dân sự 2015: Thủ tục công nhận và cho thi hành tại việt nam hoặc không công nhận bản án, quyết định dân sự của tòa án nước ngoài; công nhận và cho thi hành phán quyết của trọng tài nước ngoài

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Tình trạng hiệu lực: Còn hiệu lực
Phần thứ bảy
Thủ tục công nhận và cho thi hành tại việt nam hoặc không công nhận bản án, quyết định dân sự của tòa án nước ngoài; công nhận và cho thi hành phán quyết của trọng tài nước ngoài

PART SEVEN

PROCEDURES FOR RECOGNITION AND ENFORCEMENT IN VIETNAM OR NON-RECOGNITION OF CIVIL JUDGMENTS OR DECISIONS OF FOREIGN COURTS; RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARD

Chapter XXXV

GENERAL REGULATIONS ON PROCEDURES FOR RECOGNITION AND ENFORCEMENT IN VIETNAM OR NON-RECOGNITION OF CIVIL JUDGMENTS OR DECISIONS OF FOREIGN COURTS; RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARD

Article 423. Foreign courts’ civil judgments or decisions which shall be recognized and enforced in Vietnam

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.

Article 424. Foreign arbitrators’ award which shall be recognized and enforced in Vietnam

1. The following foreign arbitrators’ award shall be considered being recognized and enforced in Vietnam:

a) Arbitral award of a foreign country which is a signatory to an International treaty about recognition and enforcement of foreign arbitral award together with Vietnam;

b) Foreign arbitral award other than those specified in point a of this clause on the basis of principle of reciprocity.

2. Foreign arbitral award specified in clause 1 of this Article shall be considered being recognized and enforced in Vietnam shall be the final ones of the arbitral tribunal that resolve all the contents of the dispute, finish the arbitral procedures and are effective.

3. Foreign arbitral, foreign arbitral award provided for in clause 1 of this Article shall be determined according to provisions of Vietnamese Law on commercial arbitration.

Article 425. Right to apply for recognition and enforcement or non-recognition of civil judgments or decisions of foreign courts; recognition and enforcement of foreign arbitral award

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.

Article 426. Ensuring the right to appeal

The involved parties shall be entitled to appeal and People’s Procuracies of provinces and the Supreme People’s Procuracy shall be entitled to appeal against Court decisions to recognize and enforce or not recognize civil judgments or decisions of foreign Courts or decisions to recognize and enforce foreign arbitral award to request Collegial People’s Court to review under the provisions of this Code.

Article 427. Ensuring the effect of the decisions of Vietnam’s Courts on recognition and enforcement or non-recognition of civil judgments/decisions of foreign Courts; recognition and enforcement of foreign arbitrators’ award

1. A civil judgment/decision of a foreign Court recognized and enforced in Vietnam by a Vietnamese Court shall be legally effective as a legally effective civil judgment/decision of a Vietnamese Court and shall be enforced according to procedures for enforcement of a civil judgment. Any civil judgment/decision of a foreign Court that has not been recognized by a Vietnamese Court shall not be legally effective in Vietnam, except for cases where such judgment/decision is automatically recognized as provided for in Article 431 of this Code.

2. Any award of a foreign arbitrator that is recognized and enforced in Vietnam shall be legally effective like an effective decision of Vietnamese Court and shall be enforced according to procedures for enforcement of a civil judgment.

3. A civil judgment/decision of a foreign Court or the award of a foreign arbitrator shall be enforced in Vietnam only when the decision of Vietnamese Court to recognize and enforce such civil judgment/decision and/or award takes legal effect.

Article 428. Sending the decisions of Vietnam’s Courts on recognition and enforcement or on non-recognition of civil judgments/decisions of foreign Courts; recognition and enforcement of foreign arbitrators’ award

The Court shall be responsible for sending directly or by post or through the Ministry of Justice its decision to the creditors and debtors of the civil judgment/decision of the foreign Court and/or the award of the foreign arbitrator or their lawful representatives, the procuracy and civil judgment-executing bodies according to provisions of this Code.

Article 429. Ensuring the right to send money and properties from the enforcement of civil judgments/decisions of foreign Courts or foreign arbitrators’ award

The State of Vietnam shall ensure the sending of money and property collected from the enforcement of civil judgments/decisions of foreign Courts or foreign arbitrators’ award that are recognized and enforced by Vietnamese Courts to the countries issuing such judgments/decisions. The sending of such money and properties shall comply with Vietnam’s law.

Article 430. Fees and charges for consideration of application for recognition and enforcement or non-recognition of civil judgments/decisions of foreign Courts; recognition and enforcement of foreign arbitrators’ award

1. Any person requesting a Vietnam’s Court to recognize and enforce or to not recognize in Vietnam a civil judgment/decision of a foreign Court; or to recognize and enforce a foreign arbitrator’s award must pay fees according to Vietnam’s law.

2. Requesters specified in clause 1 of this Article must bear the cost of delivery to foreign countries the procedural documents of Vietnamese Courts that are relevant to their requests.

Article 431. Civil judgments/decisions of foreign Courts, decisions of other foreign competent agencies that are automatically recognized in Vietnam

1. Civil judgments/decisions of foreign Courts and decisions of other foreign competent agencies which are not requested to be enforced or recognized in Vietnam specified in an International treaty to which the Socialist Republic of Vietnam is a signatory.

2. Judgments/decisions pertaining to marriage and family of foreign Courts, decisions on marriage and family of other competent agencies of countries which are not the co-signatories to an International treaty with Vietnam that are not requested to be enforced or recognized in Vietnam.

Chapter XXXVI

PROCEDURES FOR CONSIDERATION OF APPLICATIONS FOR RECOGNITION AND ENFOREMENT IN VIETNAM OF CIVIL JUDGMENTS OR DECISIONS OF FOREIGN COURTS; PROCEDURES FOR CONSIDERATION OF APPLICATION FOR NON-RECOGNITION OF CIVIL JUDGMENTS OR DECISIONS OF FOREIGN COURTS

Section 1. PROCEDURES FOR CONSIDERATION OF APPLICATIONS FOR RECOGNITION AND ENFORCEMENT IN VIETNAM OF CIVIL JUDGMENTS OR DECISIONS OF FOREIGN COURTS

Article 432. Prescriptive periods for filing applications for recognition and enforcement

1. Within 03 years from the day on which the civil judgment/decision of a foreign Court takes legal effect, the judgment/decision creditors, persons with relevant legitimate rights and interests or their lawful representatives may submit their application to Vietnam’s Ministry of Justice according to provisions of International treaty to which the Socialist Republic of Vietnam and home country of such foreign Court are co-signatories or to a competent Vietnam’s Court specified in this Code to request recognition and enforcement in Vietnam of such civil judgment/decision.

2. In cases where the applicant can prove that he/she cannot submit the application within the time limit specified in clause 1 of this Article due to a force majeure event or an objective obstruct, the time periods when such force majeure event or objective obstruct occurs shall not be included in the time limit for submission of application.

Article 433. Applications for recognition and enforcement

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.

Article 434. Papers and documents enclosed with the applications

1. The applications shall be enclosed with papers and documents specified in the International treaties to which the Socialist Republic of Vietnam and the home countries of the Courts issuing the judgments/decisions are co-signatories. If the Socialist Republic of Vietnam and the home country of the Court issuing the judgment/decision are co-signatories of an International treaty having provisions for such matter, the application shall be enclosed with the following papers and documents:

a) Originals or certified true copies of the judgment/decision issued by the foreign Court;

b) Documents made by the foreign Court or other competent foreign agencies certifying that such judgment/decision has taken legal effect, has not expired and should be enforced in Vietnam, except where these details have already been clearly stated in the judgment/decision;

c) Documents made by the foreign Court or other competent foreign agencies certifying the lawful delivery of such judgment/decision to the judgment debtors who have to execute such judgments/decisions;

d) In cases the foreign Court issue the judgment in the absence of the judgment debtors or their lawful representatives, documents made by the foreign Court or other competent foreign agencies certifying that they have been duly summoned are required.

2. Papers and documents enclosed with the application that are in foreign languages must be enclosed with their Vietnamese versions which are duly notarized or authenticated.

Article 435. Transferring of dossiers to Courts

Within 05 working days after receiving the applications, papers and documents specified in clause 1 Article 434 of this Code, the Ministry of Justice must send the dossiers to competent Courts as provided for in Articles 37 and 39 of this Code.

Article 436. Acceptance of dossiers

Within 05 working days from the day on which the dossiers sent from the Ministry of Justice are received or from the day on which the applications and accompanying papers and documents sent from the applicants are received, the Courts shall base themselves on Article 363, 364 and 365 of this Code to consider and accept the dossiers and notify such to the applicants, the judgment debtors or their lawful representatives in Vietnam, the Procuracies of the same levels and the Ministry of Justice.

Article 437. Preparation for consideration of applications

1. Within the term of preparation for consideration of an application, the Court may request the judgment creditors to explain unclear matters in the application; request the foreign Court issuing the judgment/decision to explain unclear matters in the dossier.

2. The written request of the Court for explanation shall be sent to the judgment creditors or their lawful representatives in Vietnam and the foreign Court by post.

If the Vietnamese Court request the foreign Court to make explanation, the written request shall be translated in to the language specified in the International treaty to which the Socialist Republic of Vietnam is a signatory. If the Socialist Republic of Vietnam and the foreign country have not been the co-signatories to an International treaty, the dossier must be enclosed with the versions in the language of the country that is requested Judicial assistance or in a language agreed by the requested country. Applicants for recognition and enforcement in Vietnam of judgments/decisions of foreign countries must bear the cost for translation and the postage on the written request for explanation of Vietnam’s Courts to the foreign Courts.

3. Time limit for preparation for consideration of an application shall be 04 months from the day on which it is accepted. Within such time limit, on a case-by-case basis, the Court shall issue one of the following decisions:

a) To suspend the consideration of the application;

b) To terminate the consideration of the application;

c) To open a meeting for considering the application.

If a written request for explanation is sent by the Court as provided for in clause 1 of this Article, time limit for consideration of the application may be extended by not exceeding 02 months. Past such time limit, if the written explanation of the involved parties or the foreign Court has not been received by the Vietnam’s Court, Vietnam’s Court shall base itself on the documents in the dossier to resolve the application of the involved parties.

Within 01 days after issuing a decision to open a meeting for considering the application, the Court shall open the meeting.

Within 15 days before the meeting is opened, the Court shall transfer the dossier to the procuracy of the same level for study; past such time period, the procuracy shall return the dossier to the Court so that the meeting for considering the application can be opened.

4. The Court shall issue the decision to suspend the consideration of the application in any of the following circumstances:

a) The judgment debtor being individual has died or the judgment debtor being agency/organization has been merged, amalgamated, divided or dissolved without an agency, organization or individual to inherit his/her/its procedural rights and obligations;

b) The judgment debtor being individual lacks of legal capacity but his/her lawful representatives has not been determined;

c) Legal representation of the judgment debtor has finished but the replacing person has not been assigned;

d) The enforcement of the judgment/decision has been suspended at the home country of the Court issuing such judgment/decision;

dd) Such judgment/decision is being re-considered or being waited for re-consideration according to procedures of the home country of the Court issuing such judgment/decision.

5. The Court shall issue the decision to terminate the consideration of the application in any of the following circumstances:

a) The judgment creditor withdraw his/her application or the judgment debtor has voluntarity enforce the judgment/decision of the foreign Court;

b) The judgment debtor being individual has died but his/her rights and obligations have not been inherited;

c) The judgment debtor being agency/organization has been dissolved or bankrupted but its rights and obligations have been settled according to Vietnam’s law;

d) The judgment debtor being agency/organization has been dissolved or bankrupted but its procedural rights and obligations have not been inherited;

dd) The decision of the Court to open the bankrupt procedures for the judgment debtor has been issued;

e) The Court cannot determine the address of the judgment debtor and the place exists the properties related to the enforcement;

g) The jurisdiction to resolve the application belongs to another Court and the dossier has been forwarded to such Court for resolution;

h) The Court cannot determine the place exists the properties related to the enforcement in Vietnam in case the judgment debtor being agency/organization does not have head office in Vietnam or the judgment debtor being individual does not reside or work in Vietnam.

Article 438. Meetings for considering applications

1. The consideration of an application shall be conducted at a meeting by a Panel consisting of 3 Judges, one of whom shall act as the presiding Judge under the assignment of the Chief Justice of the Court.

2. The procurator of the procuracy of the same level shall attend the meeting; if the procurator is absent, the meeting shall be still conducted by the Court.

3. The meeting shall be conducted in the presence of the judgment creditors, judgment debtors or their lawful representatives; if any of them is absent for the first time, the meeting must be postponed.

The consideration of the application shall still proceed if the judgment creditors or their lawful representatives, or the judgment debtors or their lawful representatives have filed their applications to the Courts for consideration of the applications in their absence or if their lawful representatives have been duly summoned twice but are still absent.

The Panel shall issue decisions to terminate the consideration of the application if the judgment creditors or their lawful representatives have been duly summoned twice but are still absent or in any of the circumstances specified in clause 5 Article 437 of this Code.

4. When considering the application for recognition and enforcement, the Panel shall not conduct re-trial over the case when a foreign Court has issued judgment/decision for such case. The Court shall be only entitled to check and compare the civil judgment/decision of the foreign Court and accompanying papers and documents with provisions of Chapter XXXV and Chapter XXXVI of this Code, other relevant Vietnam's law provisions and International treaties to which the Socialist Republic of Vietnam is a signatory to form the basis for the issuance of decision to recognize and enforce such judgment/decision.5. After checking the application and accompanying papers and documents and listening to opinions of the summoned people and of the procurator, the Panel shall discuss and make decision under the majority rule.

The Panel shall be entitled to make a decision to recognize and enforce in Vietnam or decision to not recognize a civil judgment/decision of a foreign Court.

6. Within the time for preparation of the application, the first-instance Court shall be entitled to decide to apply, modify or repeal a provisional emergency measure specified in Chapter VIII of this Code.

Article 439. Civil judgments/decisions of foreign Court that shall not be recognized or enforced in Vietnam

1. Civil judgments/decisions of foreign Courts that do not satisfy one of conditions for being recognized provided for in International treaties to which the Socialist Republic of Vietnam is a signatory.

2. Civil judgments/decisions that have not taken legal effect as provided for in law of the home countries of the Courts issuing them.

3. Judgment debtors or their lawful representatives are absent from the Court sessions 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 time period as prescribed in law of home country of such foreign Court so that such persons can exercise the right to self-defense.

4. The foreign Courts that have issued the judgments/decisions do not have jurisdiction to settle civil cases as prescribed in Article 440 of this Code.

5. Such civil cases have been settled in legally effective civil judgments/decisions of Vietnamese Courts, or before the foreign agencies in charge accepted such cases, they have been accepted and are being proceeded by Vietnamese Courts, or such civil cases have been settled with civil judgments/decisions issued by Courts of third countries which have been recognized and allowed to be enforced by Vietnamese Courts.

6. Time limit for enforcement of judgments prescribed in law of the home countries of the Courts issuing such judgments/decisions or in Vietnam's law on civil judgment enforcement has been exceeded.

7. The enforcement of the judgments/decisions has been canceled or terminated at the home country of the Court issuing such judgments/decisions.

8. The recognition and enforcement of civil judgments/decisions of foreign Courts in Vietnam are contrary to basic principles of law of the Socialist Republic of Vietnam.

Article 440. Foreign Courts having jurisdiction to settle disputes and requests

Any foreign Court issuing a judgment/decision that is being considered to be recognized and enforced in Vietnam shall have jurisdiction to settle the civil case in the following cases:

1. The civil case does not fall within the exclusive jurisdiction of Vietnam’s Courts specified in Article 470 of this Code;

2. The civil case falls in a case specified in Article 469 of this Code but has one of the following conditions:

a) The defendant participate in oral argument without appeal against the jurisdiction of such foreign Court;

b) Not any judgment/decision issued by a third country for such civil case is recognized and enforced by Vietnam’s Court;

c) Such civil case has been accepted by a foreign Court before being accepted by a Vietnam’s Court.

Article 441. Sending of decisions of Courts

1. Within 15 days from the day on which the decision specified in clause 5 Article 438 of this Code is issued, the Court shall send such to involved parties or their lawful representatives, the Ministry of Justice and the procuracy of the same level.

2. Within 05 working days from the day on which the decision to suspend or terminate the resolution of the application provided for in clauses 4 and 5 Article 437 of this Code is issued, the Court shall send such decision to involved parties or their lawful representatives, the Ministry of Justice and the procuracy of the same level.

3. Immediately when decisions to apply, modify or cancel a provisional emergency measure specified in clause 6 Article 438 of this Code is issued, the Court shall send such decision to involved parties or their lawful representatives, competent civil-judgment-executing bodies, the Ministry of Justice and the procuracy of the same level.

4. The sending of decisions of the Court to involved parties living overseas shall comply with methods specified in Article 474 of this Code.

Article 442. Appeals

1. Within 07 days from the day on which the Court issue the decision to suspend/terminate the consideration of the application, and 15 days from the day on which the Court issue the decision to recognize and enforce or to not recognize the judgment/decision of a foreign Court, involved parties and their lawful representatives may file an appeal against such decision; if the involved parties and their lawful representatives did not attend the meeting for considering the application, the time limit for filing an appeal shall be counted from the day on which they receive such decision. The appellate petition must clearly state the reasons for the appeal and the appellate requests.

In cases where there are force majeure events or objective obstacles that the involved parties or their lawful representatives can not file an appeal within such time limit, the time when the force majeure events or objective obstacles occur shall not be included in the time limit for appeal.

2. The Chairpersons of the People’s Procuracies of provinces or Chairpersons of the Collegial People’s Procuracies may file appeals against the decisions of Courts specified in clauses 4 and 5 Article 437 and clause 5 Article 438 of this Code.

Time limit for filing an appeal is 07 days (applicable to the People’s Procuracies of provinces) or 10 days (applicable to Collegial People’s Procuracies) from the day on which the procuracy receives the decision.

Article 443. Consideration of appeals

1. Collegial People’s Court shall consider the decision of the People’s Court of province which is appealed against within its jurisdiction within 01 month from the day on which the documents are received; if explanation is required as prescribed in clauses 1 and 2 Article 437 of this Code, such time limit shall be extended for not exceeding 02 months.

2. Members of the Panel in charge of considering a decision that is appealed against shall be comprised of 3 Judges, one of which shall be the presiding Judge as assigned by the Chief Justice of Collegial People’s Court.

A meeting for re-considering a decision that is appealed against shall be conducted as the one for considering the application specified in Article 438 of this Code.

3. The Panel for considering the decision being appealed against shall have the following powers:

a) To uphold the decision of the first-instance Court;

b) To modify partially of wholly the decision of the first-instance Court;

c) To suspend the settlement of the appeal;

d) To terminate the settlement of the appeal;

dd) To repeal the decision of the first-instance Court and forward the dossiers to such first-instance Court for re-settlement according to first-instance procedures;

e) To repeal the decision of first-instance Court and terminate the consideration of the application when existing any of circumstances specified in clause 5 Article 437 of this Code.

4. A decision of a Collegial People’s Court shall take legal effect from the day on which it is issued and may be appealed according to cassation or reopening procedures according to provisions of this Code.

Section 2. PROCEDURES FOR CONSIDERATION OF APPLICATIONS FOR NON-RECOGNITION OF CIVIL JUDGMENTS OR DECISIONS OF FOREIGN COURTS

Section 444. Prescriptive periods for application for non-recognition in Vietnam of civil judgments/decisions of foreign Court

1. Within 03 years from the day on which the civil judgment/decision of a foreign Court takes legal effect, the judgment debtors or their lawful representatives may request Vietnam’s Court to not recognize such civil judgment/decision.

2. In cases where the applicant can prove that he/she cannot submit the application within the time limit specified in clause 1 of this Article due to a force majeure event or an objective obstruct, the time periods when such force majeure event or objective obstruct occurs shall not be included in the time limit for submission of application.

Section 445. Application for non-recognition in Vietnam of civil judgments/decisions of foreign Court

1. The applicant specified in clause 1 Article 444 of this Code must file an application. Such application must contain the following principal details:

a) 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;

b) 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;

c) Requests of judgment debtors; where foreign courts’ judgments/decisions have been partly enforced, the application must clearly state the executed parts and the remaining parts requested for non-recognition in Vietnam.

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

Section 446. Application for non-recognition in Vietnam of civil judgments/decisions of foreign Court

1. The applications shall be enclosed with papers and documents specified in the International treaties to which the Socialist Republic of Vietnam is a signatory. If the Socialist Republic of Vietnam and the home country of the Court issuing the judgment/decision have not been co-signatories of an International treaty having provisions for such matter, the application shall be enclosed with the originals or certified true copy of the judgment/decision issued by the foreign Court and papers and documents proving the request for non-recognition.

2. Papers and documents enclosed with the application that are in foreign languages must be enclosed with their Vietnamese versions which are duly notarized or authenticated.

3. Procedures for consideration of the application, the sending of decision of the Court, the filing of appeals and the consideration of the appeals shall be conducted according to regulations in corresponding articles in Section 1 of this Chapter.

Section 3. PROCEDURES FOR NON-RECOGNITION OF CIVIL JUDGMENTS OR DECISIONS OF FOREIGN COURTS WHICH ARE NOT REQUESTED TO BE ENFORCED IN VIETNAM

Section 447. Prescriptive periods for application for non-recognition of civil judgments or decisions of foreign Courts which are not requested to be enforced in Vietnam

1. Within 06 months from the day on which the civil judgment/decision of a foreign Court takes legal effect but there is no request for enforcement of such Judgment/decision in Vietnam, then involved parties and persons with relevant legitimate rights and interests or their lawful representatives may submit their application to Vietnam’s Ministry of Justice according to provisions of International treaty to which the Socialist Republic of Vietnam and home country of such foreign Court are co-signatories or to a competent Vietnam’s Court specified in this Code, in case the International treaty to which the Socialist Republic of Vietnam is a signatory does not provide for or there is no relevant International treaty provisions, to request the Court to not recognize such civil judgment/decision.

2. In cases where the applicant can prove that he/she cannot submit the application within the time limit specified in clause 1 of this Article due to a force majeure event or an objective obstruct, the time period when such force majeure event or objective obstruct occurs shall not be included in the time limit for submission of application.

Section 448. Application for non-recognition of civil judgments or decisions of foreign Courts which are not requested to be enforced in Vietnam

1. An application for non-recognition of a civil judgment/decision of a foreign Court which is not requested to be enforced in Vietnam must have the following principal details:

a) Full names and addresses of residence places or work places of the applicants; if the applicants are agencies or organizations, the full names and addresses of their head-offices must be fully inscribed;

b) Requests of the applicants.

2. Enclosed with the application shall be the originals or certified true copies of the civil judgment/decision of foreign Court and necessary papers and documents for proving that the request for unrecognition is well-grounded and lawful.

3. The application and accompanying papers and documents that are in foreign languages must be enclosed with their Vietnamese versions which are duly notarized or authenticated.

Section 449. Procedures for acceptance and processing of application for non-recognition of a civil judgment/decision of a foreign Court which is not requested to be enforced in Vietnam

1. The acceptance of application, the preparation for consideration of application and the meeting for considering the application for non-recognition of a civil judgment/decision of a foreign Court which is not requested to be enforced in Vietnam shall be conducted according to regulations in Articles 436, 437 and 438 of this Code.

2. The Panel considering the application may any of the following decisions:

a) To not recognize the civil judgment/decision of the foreign Court;

b) To reject the application for non-recognition.

3. A civil judgment/decision of a foreign Court which is not requested to be enforced in Vietnam shall not be recognized in cases specified in Article 439 of this Code.

Article 450. Sending decisions of Courts and regulations on appeal

The sending of decisions of Courts; the appeal and the consideration of an appeal shall comply with regulations in Article 441, 442 and 443 of this Code.

Chapter XXXVII

PROCEDURES FOR CONSIDERATION OF APPLICATIONS FOR RECOGNITION AND ENFORCEMENT IN VIETNAM OF FOREIGN ARBITRATOR’S AWARD

Article 451. Time limit for submission of applications for recognition and enforcement

1. Within 03 years from the day on which the foreign arbitrator’s award takes legal effect, the judgment creditors and persons with relevant legitimate rights and interests or their lawful representatives may submit their application to Vietnam’s Ministry of Justice according to provisions of International treaty to which the Socialist Republic of Vietnam is a signatory or to a competent Vietnam’s Court specified in this Code, in case the International treaty to which the Socialist Republic of Vietnam is a signatory does not provide for or there is no relevant International treaty provisions, to request the Court to not recognize and enforce such award.

2. In cases where the applicant can prove that he/she cannot submit the application within the time limit specified in clause 1 of this Article due to a force majeure event or an objective obstruct, the time period when such force majeure event or objective obstruct occurs shall not be included in the time limit for submission of application.

Article 452. Application for recognition and enforcement in Vietnam of foreign arbitrator’ award

1. An application for recognition and enforcement in Vietnam of foreign arbitrator’ award 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 in Vietnam; 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 arbitrator’s award;

c) Requests of the judgment creditors.

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

Article 453. Papers and documents enclosed with the applications

1. The applications shall be enclosed with papers and documents specified in the International treaties to which the Socialist Republic of Vietnam is a signatory; in case where there is no International treaty or the International treaty does not provide for the case, the following papers and documents shall be enclosed with the application:

a) The originals or certified true copies of the foreign arbitrator’s award;

b) The originals or certified true copies of arbitration agreements between parties.

2. Papers and documents enclosed with the application that are in foreign languages must be enclosed with their Vietnamese versions which are duly notarized or authenticated.

Article 454. Forwarding dossiers to Courts

1. Within 05 working days from the day on which the application and enclosed papers and documents specified in Article 453 of this Code, the Ministry of Justice shall forward them to the competent Court.

2. If the Ministry of Justice has forwarded the dossier to the Court and received notification from a competent agency of the foreign country informing that the case is being considered or the enforcement of the foreign arbitrator’s award has been canceled or terminated in such country, the Ministry of Justice must immediately notify in writing to the Court.

Article 455. Acceptance of dossiers

Within 05 working days from the day on which the dossiers sent from the Ministry of Justice are received or from the day on which the applications and accompanying papers and documents sent from the applicants are received, the competent Courts shall base themselves on Article 363, 364 and 365 of this Code to consider and accept the dossiers and notify in writing such to the judgment creditors, the judgment debtors or their lawful representatives in Vietnam, the Procuracies of the same levels and the Ministry of Justice.

Article 456. Forwarding dossiers to other Courts, settlement of disputes about jurisdiction

If after accepting the case, the Courts deem that the settlement of application for recognition and enforcement in Vietnam the foreign arbitrator’s award falls within the jurisdiction of another Courts of Vietnam, then the Court which has accepted the case shall issue a decision to forward the dossier to the jurisdictional Court and cross out such request on its acceptance book. Such decision shall be immediately sent to the procuracy of the same level and the involved parties.

Involved parties may file an appeal or the procuracy may file an appeal against such decision within 03 working days from the day on which such decision is received. Order and procedures for processing the appeals or settling disputes about jurisdiction shall comply with regulations in Article 41 of this Code.

Article 457. Preparation for consideration of applications

1. Within 02 months from the date of acceptance, on a case-by-case basis, the Court shall issue one of the following decisions:

a) To suspend the consideration of the application;

b) To terminate the consideration of the application;

c) To open a meeting for considering the application.

Within the time limit for preparation for considering the application, the Court may request the judgment creditors to explain the unclear information in the application. In such case, the time limit for preparation for considering the application shall be extended for not exceeding 02 months.

Within 20 days after issuing a decision to open a meeting for considering the application, the Court shall open the meeting. Within 15 days before the meeting is opened, the Court shall transfer the dossier to the procuracy of the same level for study; past such time period, the procuracy shall return the dossier to the Court so that the meeting for considering the application can be opened.

2. The Court shall issue the decision to suspend the consideration of the application in any of the following circumstances:

a) Foreign arbitrator’s award is being re-considered by a competent agency of the country where the award is made;

b) The judgment debtor being individual has died or the judgment debtor being agency/organization has been merged, amalgamated, divided or dissolved without an agency, organization or individual to inherit his/her/its procedure rights and obligations;

c) The judgment debtor being individual lacks of legal capacity but his/her lawful representatives has not been determined;

Within the time period of termination, the Judge assigned to settle the case shall be still responsible for resolving the application.

When the decision to suspend the resolution of the application has been issued as prescribed in this clause, the Judge shall be responsible for supervising and expediting agencies, organizations and individuals to eliminate the causes for such suspension as soon as possible to promptly continue processing the application. When the causes for the suspension no longer exist, the Judge shall make a decision to continue processing the application.

3. The Court shall issue the decision to terminate the consideration of the application in any of the following circumstances:

a) The judgment creditor withdraws his/her application or the judgment debtor has voluntarily enforce the foreign arbitrator’s award;

b) The judgment debtor being individual has died but his/her rights and obligations have not been inherited;

c) The judgment debtor being agency/organization has been dissolved or bankrupted but its rights and obligations have been settled according to Vietnam’s law;

d) The judgment debtor being agency/organization has been dissolved or bankrupted but its procedure rights and obligations have not been inherited;

dd) The Court cannot determine the places where exist properties in Vietnam of the judgment debtor according to the request of the judgment creditor of the arbitral award.

Article 458. Meetings for considering applications

1. The consideration of an application shall be conducted at a meeting by a Panel consisting of 3 Judges, one of whom shall act as the presiding Judge under the assignment of the Chief Justice of the Court.

2. The procurator of the procuracy of the same level shall attend the meeting; if the procurator is absent, the meeting shall be still conducted by the Court.

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

The consideration of the application shall still proceed if the judgment creditors or their lawful representatives, or the judgment debtors or their lawful representatives have filed their applications to the Courts for consideration of the applications in their absence or if their lawful representatives have been duly summoned twice but are still absent.

The Panel shall issue decisions to terminate the processing of the application if the judgment creditors or their lawful representatives have been duly summoned twice but are still absent or in any of the circumstances specified in clause 3 Article 457 of this Code.

4. When considering the application for recognition and enforcement, the Panel shall not conduct re-trial over the dispute when the foreign arbitrator’s award has been issued. The Court shall be only entitled to check and compare the foreign arbitrator’s award and accompanying papers and documents with provisions of Chapter XXXV and Chapter XXXVII of this Code, other relevant Vietnam's law provisions and International treaties to which the Socialist Republic of Vietnam is a signatory to form the basis for the issuance of decision to recognize and enforce such award.

5. After checking the application and accompanying papers and documents and listening to opinions of the summoned people and of the procurator, the Panel shall discuss and make decision under the majority rule.

The Panel shall be entitled to make a decision to recognize and enforce in Vietnam the foreign arbitrator’s award or decision to not recognize a foreign arbitrator’s award.

Article 459. Cases of non-recognition

1. The Court shall not recognize a foreign arbitrator’s award when deeming that the evidences provided by the judgment debtors to the Court for appealing against the application for recognition are well-grounded and the arbitrator’s award falls within one of the following cases:

a) The parties of the arbitration agreement do not have capacity to conclude such agreement according to law applicable to each party;

b) The arbitration agreement is not legally effective according to the law of a country which is chosen to be applied or according to the law of where the award is made in case the parties cannot choose a law to be applied to such agreement;

c) The judgment debtors being agencies, organizations and individuals are not promptly and conformably notified of the appointment of arbitrator officer and of procedures for processing the disputes at foreign arbitrator, or due to other plausible reasons, such agencies, organizations and individuals cannot exercise their procedure rights;

d) The foreign arbitrator’s award over a dispute is not requested to be settled by any parties or exceeds the request of parties of the arbitration agreement. If it is able to separate the parts of the decision on the matter which are requested and not requested to be settled at foreign arbitrator, the decision on the matter requested to be settled may be recognized and enforced in Vietnam;

dd) Compositions of foreign arbitrator and/or procedures for settlement of disputes conducted by foreign arbitrator is not conformable to the arbitration agreement or to the law of the country where the foreign arbitrator’s award has been made, in case the arbitration agreement does not provide for such matters;

e) The foreign arbitrator’s award has not taken compulsory legal effect on parties;

g) The enforcement of the foreign arbitrator’s award has been canceled or terminated by a competent agency of the country where such award is made or the home country of the law that is applied.

2. The foreign arbitrator’s award shall not be recognized is the Vietnam’s Court deems that:

a) According to Vietnam’s law, the dispute shall not be settled according to arbitral procedures;

b) The recognition and enforcement in Vietnam of foreign arbitrator’s award are contrary to basic principles of law of the Socialist Republic of Vietnam.

Article 460. Sending of decisions of Courts

1. Within 05 working days from the day on which the decision to suspend or terminate the resolution of the application provided for in clauses 2 and 3 Article 457 of this Code is issued, the Court shall send such decision to involved parties or their lawful representatives, the Ministry of Justice and procuracy of the same level.

2. Within 15 days from the day on which the decision to recognize and enforce or to not recognize in Vietnam the foreign arbitrator’s award specified in clause 5 Article 458 of this Code is issued, the Court shall send such decision to involved parties or their lawful representatives, the Ministry of Justice and the procuracy of the same level. If the involved parties living overseas do not have lawful representatives in Vietnam and the Court has issued the decision in their absence according to regulations in clause 3 Article 458 of this Code, the Court shall send such decision to them by post or via the Ministry of Justice according to provisions of International treaty to which the Socialist Republic of Vietnam is a signatory.

3. The sending of decisions of the Court to involved parties shall comply with methods specified in Article 474 of this Code.

Article 461. Appeals

1. Within 07 days from the day on which the Court issue the decision specified in clauses 2 and 3 Article 457 or clause 5 Article 458 of this Code, involved parties and their legal representatives may file an appeal against such decision; if the involved parties and their lawful representatives did not attend the meeting for considering the application, the time limit for filing an appeal shall be counted from the day on which they receive such decision. The appellate petition must clearly state the reasons for the appeal and the appellate requests.

In cases where there are force majeure events or objective obstacles that the involved parties or their lawful representatives can not file an appeal within such time limit, the time when the force majeure events or objective obstacles occur shall not be included in the time limit for appeal.

2. The Chairpersons of the People’s Procuracies of provinces or Chairpersons of the Collegial People’s Procuracies may file appeals against the decisions of Courts specified in clauses 2 and 3 Article 457 and clause 5 Article 458 of this Code.

Time limit for filing an appeal is 07 days (applicable to the People’s Procuracies of provinces) or 10 days (applicable to Collegial People’s Procuracies) from the day on which the procuracy receives the decision.

Article 462. Consideration of appeals

1. Collegial People’s Court shall re-consider the decision of the People’s Court of province which is appealed against within 01 month from the day on which the documents are received; if explanation is required as prescribed in clause 1 Article 457 of this Code, such time limit shall be extended for not exceeding 02 months.

2. Members of the Panel in charge of considering a decision that is appealed against shall be comprised of 3 Judges, one of which shall be the presiding Judge as assigned by the Chief Justice of Collegial People’s Court. A meeting for re-considering a decision that is appealed against shall be conducted as the one for considering the application specified in Article 458 of this Code.

3. The Panel for considering the decision being appealed against shall have the following powers:

a) To uphold the decision of the first-instance Court;

b) To modify partially of wholly the decision of the first-instance Court;

c) To suspend the settlement of the appeal;

d) To terminate the settlement of the appeal;

dd) To repeal the decision of the first-instance Court and forward the dossiers to such first-instance Court for re-settlement according to first-instance procedures;

e) To repeal the first-instance decision and terminate the processing of the application when existing any of circumstances specified in clause 3 Article 457 of this Code.

4. The Panel for considering the decision being appealed against shall terminate the processing of an appeal in the following cases:

a) The involved party withdraws wholly his/her appeal or the procuracy withdraws wholly its appeal;

b) The involved party filing the appeal has been duly summoned twice but is still absent without an application for resolution in his/her absence.

If the involved party filing appeal withdraws wholly his/her appeal or the procuracy withdraws wholly its appeal before the appellate Court make a decision to open a meeting for considering such appeal, the Judge assigned to preside over the meeting shall make a decision to terminate the resolution of such appeal. If the involved party filing appeal withdraws wholly his/her appeal or the procuracy withdraws wholly its appeal when the appellate Court has made a decision to open a meeting for considering such appeal, appeal consideration Panel shall make a decision to terminate the resolution of such appeal.

In the following cases, the decision of the first-instance Court shall take legal effect from the day on which the appellate Court issues the decision to terminate the consideration of the appeal.

5. The Panel in charge of considering the decision being appealed against shall repeal the decision of the first-instance Court and forward the dossiers to such first-instance Court for re-processing according to first-instance procedures in the following cases:

a) The proving of the involved parties for protesting against the recognition of the foreign arbitrator’s award or the grounds for the first-instance Court to make a decision to recognize or to not recognize the foreign arbitrator’s award is unconformable to provisions of Chapter XXXV and Chapter XXXVII of this Code, other relevant provisions of Vietnam’s law and of International treaties to which the Socialist Republic of Vietnam is a signatory;

b) Members of the Panel in charge of considering the application of the first-instance Court is unconformable to provisions of Chapter XXXVII of this Code or is seriously contrary to regulations on procedures that affects lawful rights and interests of involved parties.

6. A decision of a Collegial People’s Court shall take legal effect from the day on which it is issued and may be appealed according to cassation or reopening procedures according to provisions of this Code.

Article 463. Termination of enforcement, repealing of decisions to recognize and enforce a foreign arbitrator’ award

1. Immediately when the written notification of a competent foreign agency of that the application for repealing or termination of the enforcement of foreign arbitrator’s award is being considered sent by involved parties or the Ministry of Justice is received, the Court that has issued the decision to recognize and enforce in Vietnam such award shall request the Head of Civil judgment enforcement agency to issue decision to suspend the enforcement of the award.

Immediately when the request of the Court has been received, Head of the Civil judgment enforcement agency shall issue a decision to suspend the enforcement of the award and send such decision to the Court that has issued the decision to recognize and enforce in Vietnam the foreign arbitrator’s award and to involved parties and persons with relevant interests and duties.

Head of the civil judgment enforcement agency may take security measures that are necessary for the continuing of the enforcement of foreign arbitrator’s ward according to law on enforcement of civil judgment at the request of agencies, organizations and individuals being judgment creditors.

2. Immediately when the written notification of the foreign competent authority of the repealing or termination of the enforcement of a foreign arbitrator’s award has been received, Vietnam’s Court that has issued the decision to recognize and enforce in Vietnam such foreign arbitrator’s award shall issue a decision to repeal such decision and send such decision to involved parties, persons with relevant interests and duties, and the civil judgment enforcement agency.

Immediately when the decision of the Court has been received, Head of the Civil judgment enforcement agency shall issue a decision to terminate the enforcement of the foreign arbitrator’s award.

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