VIETNAM Law and Practice Contributed by: Tony Nguyen, Ta Phuong Thao, Nguyen Minh Duc, Nguyen Phuong Anh, Nguyen Duc Tai and Truong Que Chi, EPLegal
The application must include the judgment (or certified copy) and supporting documents, together with certi- fied Vietnamese translations. The court will assess the application under procedures similar to recognition proceedings and may accept or dismiss it, subject to appeal. 9.2 Enforcement of Arbitral Awards Domestic Arbitral Awards An arbitral award takes effect from the date of issu- ance and is final. If the losing party neither voluntarily complies nor voluntarily pays, the prevailing party may request the competent civil enforcement authority to carry out enforcement. For ad hoc arbitral awards, the prevailing party may request the enforcement authorities to enforce the award after it is registered. The enforcement request must be submitted within the statute of limitations for enforcement under the Civil Judgment Enforcement Law. However, within 30 days from the date of receipt of the award, the losing party has the right to request the Court to annul the arbitral award. If such a request is made, enforcement is generally suspended until the Court issues a final decision. Foreign Arbitral Awards Before being enforced in Vietnam, the award must be recognised by a Vietnamese court. The party seeking enforcement must file an application for recognition within three years of the date the award became effec- tive. The dossier must include the original or a certified copy of the arbitral award, the arbitration agreement and evidence that the award has become effective, all of which are attached with notarised or certified Vietnamese translations. Once accepted, the Vietnamese court does not re- hear the merits of the dispute but only considers whether the conditions for recognition are satisfied. The court may refuse recognition, for example, if the arbitration agreement is invalid, a party was not prop- erly notified, the award exceeds the scope of the arbi- tration agreement, the composition of the arbitral tri- bunal or procedures are inconsistent with the parties’ agreement or recognition would violate fundamental principles of Vietnamese law. If recognised, the foreign arbitral award is enforced in Vietnam like a judgment
or decision of a Vietnamese court through the civil enforcement authorities. Within 15 days of the issuance of the first-instance decision, the parties may lodge an appeal with the higher court. The first-instance decision can be upheld, amended, reversed or repealed. 9.3 Length of Time Enforcement timelines in Vietnam vary depending on the type of decision and procedural complexity. Foreign Judgments and Decisions Total estimated time is at least seven months, includ- ing: • acceptance – five to ten days (if the application is submitted to the Ministry of Justice before being forwarded to the competent court; or if the applica- tion is submitted to the competent court); • preparation for assessment – four to six months; • hearing scheduling – around one month; and • appeal (if any) – 15 days are granted for the parties to lodge the appeal; between one and two months for the higher court’s assessment. For Foreign Arbitral Awards Total estimated time is at least four months, including: • acceptance – five to ten days (if the application is submitted to the Ministry of Justice before being forwarded to the competent court; or if the applica- tion is submitted to the competent court); • preparation for assessment – two to four months or longer if the court accepting the application trans- fers the application to another court for resolution and there are complaints on such transfer; • hearing scheduling – within 20 days; and • appeal (if any) – 15 days are granted for the parties to lodge the appeal; between one and two months for the higher court’s assessment. 9.4 Grounds for Resisting Enforcement A party can resist the enforcement of foreign judg- ments where: • a civil judgment or decision of a foreign court fails to meet one of the conditions for recognition stipu-
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