China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

Recognition and Enforcement of Foreign Judgments in Vietnam

Sun, 05 Mar 2023
Categories: Insights

avatar

 

As of September 2019, Vietnamese courts have handled a total of 26 cases of foreign judgments recognition and enforcement.

We obtained the basic information about these cases from the Database of Recognition and Enforcement in Vietnam of Foreign Court Judgments and Decisions and Foreign Arbitral Awards (in Vietnamese: CSDL CÔNG NHẬN VÀ CHO THI HÀNH BẢN ÁN, QUYẾT ĐỊNH CỦA TÒA ÁN NƯỚC NGOÀI, PHÁN QUYẾT CỦA TRỌNG TÀI NƯỚC NGOÀI) on the official website of the Ministry of Justice of Vietnam.

Among these cases:

1. In terms of case types, 14 cases concern marriage and family, four cases in civil-law matters, and eight cases in commercial matters.

2. In terms of requesting countries and regions, the 26 cases concern judgments from South Korea (7), the United States (2), France (2), Germany (2), the Chinese Mainland (1), the Hong Kong Special Administrative Region (1), the Taiwan region (1), Russia (1), Poland (1), Singapore (1), the Czech Republic (1), Canada (1), and other countries to be found out (5).

3. In terms of case disposition, Vietnamese courts ruled to recognize and enforce judgments in 13 cases, and refused to recognize and enforce judgments in 4 cases, the trials of eight cases were suspended, and the parties of one case withdrew their applications.

4. One of the earliest cases handled by Vietnamese courts is the judgment rendered on 29 May 2012, involving the recognition and enforcement of the Russian judgment on marriage and family (child custody). The latest one is a case on marriage and family whose trial was suspended on 23 Sept. 2019, and the state of origin remains unknown.

For the basic case information, see the chart below.

 

 

Photo by Andreea Popa on Unsplash

Contributors: Guodong Du 杜国栋 , Meng Yu 余萌

Save as PDF

You might also like

Decoding the Turning Point: A Closer Look at China’s Recognition of Japanese Bankruptcy

This follow-up article focuses on the Chinese Court's detailed review of the Shanghai International Corporation case in 2023, highlighting the significance of reciprocity in cross-border bankruptcy proceedings and underscoring China's evolving approach to recognizing foreign judgments (See In re Shanghai International Corporation (2021) Hu 03 Xie Wai Ren No.1).

SPC Interprets International Treaties & Practices in Chinese Courts

In December 2023, China's Supreme People's Court (SPC) reaffirmed the supremacy of international treaties over domestic laws in foreign-related civil and commercial cases with its “Interpretation on Several Issues Concerning the Application of International Treaties and International Practices”(关于审理涉外民商事案件适用国际条约和国际惯例若干问题的解释).