Question: How is the recognition and enforcement of foreign judgments on divorce in Vietnam implemented?
Answer: The recognition and enforcement of foreign judgments on divorce in Vietnam are implemented in the following steps:
Step 1: Submitting petitions and enclosed dossiers for recognition and enforcement.
Within 03 years from the day on which the divorce judgment/decision of a foreign Court takes legal effect, the judgment/decision creditors, persons with relevant legitimate rights and interests, or their lawful representatives submit their petitions and enclose documents needed to Vietnam’s Ministry of Justice according to provisions of an international treaty to which Vietnam and home country of such foreign Court are co-signatories or to a competent Vietnam’s Court specified by law to request recognition and enforcement in Vietnam of such judgment/decision;
Step 2: Transferring of documents to Courts.
Within 05 working days after receiving the petitions, dossiers, the Ministry of Justice sends such documents to competent Courts as provided by the laws;
Step 3: Acceptance of documents.
Within 05 working days from the day on which the documents sent from the Ministry of Justice are received or from the day on which the documents sent from the applicants are received, the Courts shall consider and accept the documents and notify the applicants, the judgment debtors or their lawful representatives in Vietnam, the Procuracies of the same levels and the Ministry of Justice;
Step 4: Preparation for consideration of documents.
The time limit for preparation for consideration of an application shall be 04 months from the day on which it is accepted. Within such time limit, on a case-by-case basis, the Court shall issue one of the following decisions:
- To suspend the consideration of the documents;
- To terminate the consideration of the documents; or
- To open a meeting for considering the documents.
Step 5: Meetings for considering documents.
The consideration of documents shall be conducted at a meeting by a panel consisting of 3 Judges, one of whom shall act as the presiding Judge under the assignment of the Chief Justice of the Court. The procurator of the procuracy of the same level shall attend the meeting; if the procurator is absent, the meeting shall be still conducted by the Court. The meeting shall be conducted in the presence of the judgment creditors, judgment debtors, or their lawful representatives; if any of them is absent for the first time, the meeting must be postponed;
Step 6: Sending of decisions of the Courts.
Within 15 days from the day on which the decision is issued, the Court shall send such decision to the involved parties or their lawful representatives, the Ministry of Justice, and the procuracy of the same level. In case of deciding to suspend or terminate the resolution of the document, the Court shall send such a decision to individuals, and organizations mentioned above within 05 working days from the day on which the decision is issued.
For further information, please contact:
Minh Ngo Nhat, Managing Partner, BLawyers
minh.ngo@blawyersvn.com
