What are the conditions for enforcing foreign arbitral awards in Vietnam? What is the procedure and order? How does Vietnamese law ensure the execution of the judgment? Here, LSX Lawfirm would like to send to customers the following article.
Legal grounds
New York Convention 1958
Civil Procedure Code 2015
Law on Commercial Arbitration 2010
Some concepts identification
Foreign arbitration is an arbitrator established accordingly foreign arbitration laws selected by agreement by the parties to resolve disputes outside of Vietnam; or within the territory of Vietnam.
A foreign arbitrator’s award is an award by a foreign arbitrator outside the territory of Vietnam. Or in the territory of Vietnam to settle disputes selected by the parties.
Execution of a foreign arbitral award in Vietnam is the implementation of an award declaration but the subject of the award is not a Vietnamese court. It’s a foreign arbitrator. However, the enforcement of that award in Vietnam still needs to ensure the interests of the parties in a dispute with a foreign arbitral award, whether declared inside or outside the Vietnamese territory.
How to enforce foreign arbitral awards in Vietnam?
Accordingly the provisions of Vietnamese law as well as international treaties to which the Socialist Republic of Vietnam is a contracting party, implementing the judgment enforcement as follows:
Step 1
– The executor needs to submit a request for “Recognition and enforcement” of the foreign arbitral award.
– Receiving place: Ministry of Justice or a competent court of Vietnam if the international treaty to which the Socialist Republic of Vietnam is a signatory does not provide for or does not have a relevant treaty to request the Court. recognition and enforcement in Vietnam of that judgment.
– Time limit for submitting applications: 03 years from the date the arbitral award takes legal effect.
Note:
– When submitting a written request, the obligee must enclose the papers and documents specified in an international treaty to which the Socialist Republic of Vietnam is a signatory; in case there is no international treaty or the international treaty does not provide for it, the following papers and documents need enclose with the request:
+ Firstly, the original or a certified true copy of the arbitral award;
+ Secondly, the original or a certified true copy of the arbitration agreement between the parties.
– The above documents need to have Vietnamese translation, notarized and legally authenticated.
Step 2
– The Ministry of Justice transfers the file to the Court for consideration and research and processing of the file. Conducting these activities accordingly the order and procedures prescribed by the Civil Procedure Code 2015.
– Result: The court issued one of the following decisions: the decision to recognize and enforce or not to recognize the above judgment in Vietnam.
– Within 15 days from the date of issuance of the above decisions, the Courts must send the decisions to the involved parties or their lawful representatives, the Ministry of Justice and the procuracies of the same level.
Step 3
Execution of judgments in practice according to civil judgment enforcement procedures after a decision of a Vietnamese court on recognition and enforcement of foreign arbitral awards takes legal effect.
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Related questions
a foreign arbitral award will not be recognized, if the Vietnamese court considers that:
– Firstly, according to Vietnamese law, the dispute is not resolved by arbitration;
– Secondly, the recognition and enforcement in Vietnam of the above judgment is contrary to the basic principles of the law of the Socialist Republic of Vietnam.
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