Foreign Civil Judgments and Decisions Not Recognized and Enforced in Vietnam
Foreign civil judgments and decisions shall not be recognized and enforced in Vietnam in the following cases:
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The judgment or decision fails to satisfy one of the conditions for recognition as provided in an international treaty to which the Socialist Republic of Vietnam is a member.
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The judgment or decision has not yet taken legal effect under the law of the country whose court rendered such judgment or decision.
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The judgment debtor or his/her lawful representative was absent from the trial of the foreign court due to not being duly summoned, or the documents of the foreign court were not duly served upon them within a reasonable time limit in accordance with the law of that country for them to exercise their right of defense.
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The foreign court rendering the judgment or decision lacked jurisdiction to resolve the civil matter in accordance with Article 440 of this Code.
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The civil matter has already been subject to a legally effective judgment or decision of a Vietnamese court; or, prior to the acceptance of the case by the foreign court, the Vietnamese court had already accepted and is resolving the case; or the matter has already been subject to a legally effective judgment or decision of a third-country court that has been recognized and enforced by a Vietnamese court.
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The statute of limitations for enforcement has expired under the law of the country whose court rendered the judgment or decision, or under the law on civil judgment enforcement of Vietnam.
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The enforcement of the judgment or decision has been annulled or suspended in the country whose court rendered the judgment or decision.
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The recognition and enforcement of the foreign civil judgment or decision in Vietnam would be contrary to the fundamental principles of the law of the Socialist Republic of Vietnam.
Legal Ground: Article 439 of the 2015 Civil Procedure Code.
