VIETNAM Law and Practice Contributed by: Stephen Le Hoang Chuong, Le & Tran
agency. The enforcement agency may seize, suspend, transfer, or sell the judgment debtor’s property if such party fails to comply with the obligations specified in the notice. Additionally, if a judgment debtor refuses to perform the acts specified in the judgment, the enforcement agency may compel the judgment debtor to perform the act and the judgment debtor will be responsible for the costs associ- ated with the compulsion. In addition, the enforcement agency may issue orders limiting the judgment debtor’s spending to the amount necessary to maintain a reason- able standard of living. If the judgment debtor evades enforcement on purpose, they may face judicial detention or even criminal liability. 9.5 Enforcement of a Judgment From a Foreign Country To have a foreign judgment recognised and enforced in Vietnam, a letter of request must be sent to the Ministry of Justice of Vietnam (MOJ) or to the competent court, depending on the requirements of the international treaty (to which both Vietnam and the country that ren- ders the judgments are members). In the case of submitting the dossiers to the MOJ, the MOJ will forward the letter, along with any attached documents, to a competent court within seven days. The court will then notify the procuracy at the same level within three working days. Within four months, the court must decide whether to reject the request for recognition or open a court meeting to consider the case. If necessary, this period may be extended by two months for fur- ther clarification from the involved parties. The court will not review the merits of the foreign judgment, and will grant the execution judgment if:
• the foreign judgment is final and conclusive; • the jurisdiction of the foreign court is recog- nised by laws, regulations, conventions, or treaties; • the party that has lost the case has been properly served or has appeared without being properly served; • the content of the judgment and the litigation proceedings do not violate public policy; and • there is a guarantee of reciprocity. Once the foreign judgment has been recognised and accepted to be enforced by the court, it is as final and binding as a domestic judgment. 10. Appeal 10.1 Levels of Appeal or Review to a Litigation Any litigants dissatisfied with the decision of the court of first instance can bring an appeal to the court of appeals. The appellate court is an immediate court at a higher level than the first instance court in the hierarchy of the court sys- tem. In Vietnam, the first instance court can only be the district or provincial level court; meaning, the appellate court will be the provincial level court or the high court, respectively. Within three working days from the date of acceptance, the appellate court must send a written notice of acceptance for settlement of the case to the litigants, authorities, organisa- tions, individuals initiating the lawsuit, and the equivalent-level procuracy. 10.2 Rules Concerning Appeals of Judgments Appeals of judgments in Vietnam are governed by a number of rules:
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