Procedures for Recognition and Enforcement of Foreign Arbitral Awards in Vietnam

I. The procedures for recognition and enforcement are conducted through the following strict steps:

1. Submission of Application and Accompanying Dossier

• Time limit: The judgment creditor or their legal representative has the right to submit an application within 03 years from the date the foreign arbitral award takes legal effect. In cases of force majeure or objective obstacles, such time shall not be included in this 3-year period.

• Dossier: The application must clearly state information about the judgment creditor, judgment debtor, specific requests, and especially the address where assets are located in Vietnam (if the debtor has no residence/headquarters in Vietnam). Accompanying the application must be the original or a certified copy of the arbitral award and the arbitration agreement.

• Language requirements: The entire application and foreign language documents must be accompanied by a Vietnamese translation, duly notarized or certified.

2. Transfer and Acceptance of Dossier

• The application may be submitted to the Ministry of Justice. Within 05 working days of receipt, the Ministry must transfer it to the competent Court.

• Within 05 working days of receiving the dossier (from the Ministry or the applicant), the Court must consider, accept, and notify the parties, the equivalent Procuracy, and the Ministry of Justice in writing.

3. Preparation Period for Reviewing the Application

• The preparation period is 02 months from the date of acceptance. If the Court requires explanations from the parties, this may be extended by no more than 02 months. The Court must also transfer the dossier to the Procuracy for study 15 days before the meeting.

• The Court will issue one of three decisions:

  • Temporary suspension: When the award is being reviewed abroad, or the debtor is deceased/incapacitated without a representative.

  • Suspension: When the applicant withdraws, the debtor has voluntarily complied, or the Court cannot locate assets in Vietnam.

  • Opening a meeting: The Court must open a meeting within 20 days from the date of the decision.

4. The Meeting to Review the Application

• The Council consists of three Judges and must involve a Procurator.

• Principle of non-re-examination: The Court is strictly prohibited from re-examining the merits of the dispute already settled by the foreign arbitrator. The Court only checks and compares the award and documents against Vietnamese law and relevant international treaties.

5. Issuance of Decision on Recognition or Non-recognition

The Court will refuse recognition if the debtor proves violations such as: Invalid arbitration agreement; lack of capacity; improper notice of arbitrator appointment; the award exceeds the scope of the request; or the award has been set aside abroad. The Court also proactively refuses if the dispute is non-arbitrable under Vietnamese law or if recognition is contrary to the fundamental principles of Vietnamese law.

6. Appeals and Protests

• The Court's decision must be sent to the parties within 15 days.

• Parties have the right to appeal within 15 days. The Procuracy has the right to protest within 07 to 10 days.

• The High People's Court will review the appeal/protest within 01 to 02 months. This decision is final and legally effective.

II. How is the 03-year Statute of Limitations Specifically Calculated?

The 3-year period starts from the date the foreign arbitral award takes legal effect. Any period hindered by force majeure or objective obstacles (proven by the applicant) is excluded from this 3-year timeline.

III. Examples of Awards Contrary to the Fundamental Principles of Vietnamese Law

Based on Resolution No. 01/2014/NQ-HDTP and judicial practice:

1. Violation of freedom and voluntary commitment: The tribunal fails to record a voluntary agreement between the parties that is not contrary to law or ethics.

2. Violation of independence and objectivity: Evidence shows the award was obtained through coercion, fraud, threats, or bribery.

3. Procedural unfairness: For instance, allowing one party to amend a claim multiple times while ignoring the other party's documents, or refusing a legitimate request for signature forensic examination.

See more: FAQs on Recognition and Enforcement of Foreign Arbitral Awards in Vietnam