Procedures for resolving civil cases and matters with foreign elements: A detailed guide under Vietnamese law

I. Principles of application

1. This Part provides for the jurisdiction and procedures for resolving civil cases and matters with foreign elements; in case this Part does not contain provisions, other relevant provisions of this Code shall be applied for resolution.

2. A civil case or matter with foreign elements is a civil case or matter falling under one of the following circumstances:

a) At least one of the participating parties is a foreign individual, agency, or organization;

b) All participating parties are Vietnamese citizens, agencies, or organizations, but the establishment, modification, performance, or termination of such relation occurred overseas;

c) All participating parties are Vietnamese citizens, agencies, or organizations, but the object of such civil relation is located overseas.

3. Judicial assistance activities in civil procedures shall be carried out in accordance with the law on judicial assistance.

II. Procedural rights and obligations of foreign individuals, foreign agencies and organizations, branches and representative offices of foreign agencies and organizations in Vietnam, international organizations, representative agencies of international organizations in Vietnam, and foreign States

1. Foreign individuals, foreign agencies and organizations, international organizations, and representative agencies of international organizations in Vietnam have the right to file lawsuits at Vietnamese Courts to request the protection of their lawful rights and interests when infringed upon or when a dispute arises. Branches and representative offices of foreign agencies and organizations in Vietnam, upon authorization, have the right to file lawsuits at Vietnamese Courts to request the protection of the lawful rights and interests of the authorizing foreign agencies or organizations when infringed upon or when a dispute arises.

2. When participating in civil procedures, foreign individuals, foreign agencies and organizations, branches and representative offices of foreign agencies and organizations in Vietnam, international organizations, representative agencies of international organizations in Vietnam, and foreign States have the same procedural rights and obligations as Vietnamese citizens, agencies, and organizations.

3. The Vietnamese State may apply the principle of reciprocity to restrict the corresponding civil procedural rights of foreign individuals, foreign agencies and organizations, and branches and representative offices of foreign agencies and organizations whose country's Courts have restricted the civil procedural rights of Vietnamese citizens, agencies and organizations, or branches and representative offices of Vietnamese agencies and organizations overseas.

III. Civil procedural legal capacity and civil procedural act capacity of foreigners

1. The civil procedural legal capacity and civil procedural act capacity of a foreigner shall be determined as follows:

a) According to the law of the country of which the foreigner holds nationality; in case the foreigner is stateless, according to the law of the country where such person resides; if the stateless person permanently resides in Vietnam, according to Vietnamese law;

b) According to the law of the country where the foreigner holds nationality and resides in one of the countries of which they hold nationality, if they have multiple foreign nationalities. In case the foreigner has multiple nationalities and resides in a country other than those of their nationalities, according to the law of the country where the foreigner has held nationality for the longest period;

c) According to Vietnamese law if the foreigner has multiple nationalities and one of them is Vietnamese nationality, or if the foreigner holds a permanent or temporary residence card in Vietnam.

2. A foreigner may be recognized as having civil procedural act capacity at a Vietnamese Court if, under the law of the foreign country, they do not possess civil procedural act capacity, but under Vietnamese law, they do possess such capacity.

IV. Civil procedural legal capacity of foreign agencies and organizations, branches and representative offices of foreign agencies and organizations in Vietnam, international organizations, representative agencies of international organizations in Vietnam, and foreign States

1. The civil procedural legal capacity of a foreign agency or organization is determined according to the law of the country where such agency or organization was established. The civil procedural legal capacity of a branch or representative office of a foreign agency or organization in Vietnam is determined according to Vietnamese law.

• The civil procedural legal capacity of an international organization or a representative agency of an international organization is determined based on the international treaty serving as the basis for its establishment, the operational regulations of the international organization, or the international treaty of which the Socialist Republic of Vietnam is a member. In case an international organization declares the waiver of its privileges and immunities, the civil procedural legal capacity of that international organization shall be determined according to Vietnamese law.

V. Protection of lawful rights and interests of involved parties being foreign individuals, foreign agencies and organizations, branches and representative offices of foreign agencies and organizations in Vietnam, international organizations, representative agencies of international organizations in Vietnam, and foreign States

Involved parties who are foreign individuals, foreign agencies and organizations, branches and representative offices of foreign agencies and organizations in Vietnam, international organizations, representative agencies of international organizations in Vietnam, and foreign States participating in proceedings at Vietnamese Courts have the right to protect their lawful rights and interests by themselves or ask a lawyer or another person to do so in accordance with Vietnamese law.

VI. General jurisdiction of Vietnamese Courts in resolving civil cases and matters with foreign elements

1. Vietnamese Courts have jurisdiction to resolve civil cases and matters with foreign elements in the following cases:

a) The defendant is an individual residing, doing business, or living long-term in Vietnam;

b) The defendant is an agency or organization headquartered in Vietnam, or the defendant is an agency or organization with a branch or representative office in Vietnam for cases related to the operations of such branch or representative office in Vietnam; c) The defendant has property within the territory of Vietnam;

d) Divorce cases where the plaintiff or defendant is a Vietnamese citizen, or the involved parties are foreigners residing, doing business, or living long-term in Vietnam;

đ) Cases concerning civil relations where the establishment, modification, or termination occurred in Vietnam, and the object of such relation is property within the territory of Vietnam or works performed within the territory of Vietnam;

e) Cases concerning civil relations where the establishment, modification, or termination occurred outside the territory of Vietnam but is related to the rights and obligations of Vietnamese agencies, organizations, or individuals, or those with headquarters or residences in Vietnam.

2. After determining the jurisdiction of Vietnamese Courts according to this Chapter, the Court shall apply the provisions in Chapter III of this Code to determine the jurisdiction of the specific Court to resolve the civil case or matter with foreign elements.

VII. Exclusive jurisdiction of Vietnamese Courts

1. The following civil cases with foreign elements fall under the exclusive jurisdiction of Vietnamese Courts:

a) Civil cases related to rights over real estate located within the territory of Vietnam;

b) Divorce cases between a Vietnamese citizen and a foreign citizen or a stateless person, if both spouses reside, do business, or live long-term in Vietnam;

c) Other civil cases where the parties are allowed to select a Vietnamese Court for resolution according to Vietnamese law or an international treaty to which the Socialist Republic of Vietnam is a member, and the parties agree to select a Vietnamese Court.

2. The following civil matters with foreign elements fall under the exclusive jurisdiction of Vietnamese Courts:

a) Undisputed claims arising from the civil legal relations specified in Clause 1 of this Article;

b) Requests to determine a legal event that occurred within the territory of Vietnam;

c) Declarations that a Vietnamese citizen or a foreigner residing in Vietnam is missing or dead if such declaration relates to the establishment of their rights and obligations within the territory of Vietnam, unless otherwise provided by an international treaty to which the Socialist Republic of Vietnam is a member;

d) Declarations that a foreigner residing in Vietnam has restricted civil act capacity or has lost civil act capacity if such declaration relates to the establishment of their rights and obligations within the territory of Vietnam;

đ) Recognition of property within the territory of Vietnam as derelict property, recognition of the ownership rights of the current manager over derelict property within the territory of Vietnam.

VIII. Non-change of Court’s jurisdiction

A civil case or matter with foreign elements that has been accepted for resolution by a Vietnamese Court in accordance with the jurisdiction provisions of this Code must continue to be resolved by that Court even if, during the resolution process, there is a change in nationality, place of residence, or address of the involved parties, or new circumstances arise that make the civil case or matter fall under the jurisdiction of another Vietnamese Court or a foreign Court.

IX. Returning lawsuit petitions, written requests or suspending the resolution of civil cases and matters with foreign elements in cases where there is an arbitration agreement, an agreement on selecting a foreign Court, or a foreign Court, Arbitration, or another competent foreign agency has resolved the case, or the involved party is entitled to judicial immunity

1. The Vietnamese Court must return the lawsuit petition or written request or suspend the resolution of a civil case or matter with foreign elements if the civil case or matter falls under the general jurisdiction of the Vietnamese Court but belongs to one of the following cases:

a) The involved parties were allowed to agree on selecting a dispute resolution method in accordance with the law applicable to civil relations with foreign elements and have chosen a foreign Arbitration or Court to resolve the case. In case the parties change their agreement on selecting a foreign Arbitration or Court to an agreement on selecting a Vietnamese Court, or the agreement on selecting a foreign Arbitration or Court is invalidated or impossible to perform, or the foreign Arbitration or Court refuses to accept the petition, the Vietnamese Court still has jurisdiction for resolution;

b) The case does not fall under the exclusive jurisdiction of the Vietnamese Court as prescribed in Article 470 of this Code and belongs to the exclusive jurisdiction of the relevant foreign Court;

c) The case does not fall under the exclusive jurisdiction of the Vietnamese Court as prescribed in Article 470 of this Code and has been accepted for resolution by a foreign Arbitration or Court;

d) The case has been resolved by a judgment or decision of a foreign Court or an award of an Arbitration. In case the judgment or decision of the foreign Court or the award of the foreign Arbitration is not recognized by the Vietnamese Court, the Vietnamese Court still has jurisdiction to resolve the case;

đ) The defendant is entitled to judicial immunity.

2. In the cases of returning the petition or suspending the resolution of the civil case or matter with foreign elements specified in Clause 1 of this Article, the court fee and charge advances shall be handled in accordance with this Code.

Requesting the provision of information on identity and determining the addresses of involved parties overseas

1. The lawsuit initiator or requester must clearly write the full name, address, and nationality of the involved party overseas in the lawsuit petition or written request, accompanied by papers and documents authenticating the full name, address, and nationality of that involved party. In case the full name, address, and nationality of the involved party overseas are not fully written or the above details are missing, they must be supplemented within the time limit set by the Court. If the time limit expires and the information cannot be provided, the Court shall return the lawsuit petition or written request.

2. In case the address of the involved party overseas cannot be determined, the lawsuit initiator or requester may request the Vietnamese Court to ask a competent foreign agency to determine the involved party's address, or may request the competent agency to search for the absentee at their place of residence, or request the Vietnamese Court or the competent foreign agency to declare the involved party missing or dead in accordance with Vietnamese law, foreign law, or international treaties to which the Socialist Republic of Vietnam is a member. In case the competent foreign agency responds to the Vietnamese Court that the address of the involved party overseas cannot be determined, or if there is no response after 06 months, the Court shall return the lawsuit petition or written request.

X. Methods of serving and notifying procedural documents of the Court to involved parties overseas

1. The Court shall serve and notify procedural documents of the Court via one of the following methods:

a) According to the method prescribed in an international treaty to which the Socialist Republic of Vietnam is a member;

b) Through diplomatic channels for involved parties residing in a country that and the Socialist Republic of Vietnam are not joint members of an international treaty;

c) Through postal services to the address of the involved party residing overseas, provided the law of that country accepts this method of service;

d) Through postal services to the representative agency of the Socialist Republic of Vietnam overseas for serving the involved party who is a Vietnamese citizen overseas;

đ) For foreign agencies or organizations with representative offices or branches in Vietnam, the service may be conducted through their representative offices or branches in Vietnam in accordance with this Code;

e) Through postal services to the legal representative or authorized representative in Vietnam of the involved party overseas.

2. The methods of service prescribed in Points a and b, Clause 1 of this Article shall be conducted in accordance with the law on judicial assistance.

3. If the methods of service prescribed in Clause 1 of this Article yield no results, the Court shall publicly post the documents at the headquarters of the representative agency of the Socialist Republic of Vietnam overseas, the Court handling the case, or the last known place of residence of the involved party in Vietnam for a period of 01 month, and announce it on the Court’s electronic portal (if any) and the electronic portal of the representative agency of the Socialist Republic of Vietnam overseas; where necessary, the Court may announce it via the channel designated for foreigners of the central radio or television broadcast three times on 3 consecutive days.

XII. Collection of evidence overseas The Court shall collect evidence overseas via one of the following methods:

1. According to the provisions at Points a and b, Clause 1, Article 474 of this Code.

2. Through postal services requesting involved parties who are Vietnamese citizens residing overseas to send papers, documents, and evidence to the Vietnamese Court.

Notification of the acceptance, dates of opening meetings and trials

1. The Court must send a notice of case acceptance, clearly stating the time and venue for opening the meeting to check the handover, access to, and disclosure of evidence and for mediation (hereinafter collectively referred to as the mediation meeting), reopening the mediation meeting, opening the trial, and reopening the trial in the written notice of case acceptance to the involved party overseas.

2. The time limits for opening the trial and mediation meeting are determined as follows:

a) The mediation meeting must be opened at the earliest 06 months and at the latest 08 months from the date of issuing the written notice of case acceptance. The date for reopening the mediation meeting (if any) shall be fixed at the latest 01 month from the date of the initial mediation meeting;

b) The trial must be opened at the earliest 09 months and at the latest 12 months from the date of issuing the written notice of case acceptance. The date for reopening the trial (if any) shall be fixed at the latest 01 month from the date of the initial trial, except for the cases prescribed in Clause 4, Article 477 of this Code.

3. The Court must send a notice of civil matter acceptance, clearly stating the time and venue for opening the meeting and reopening the meeting for resolving the civil matter in the written notice of civil matter acceptance to the involved party overseas. The meeting must be opened at the earliest 06 months and at the latest 08 months from the date of issuing the written notice of civil matter acceptance. The date for reopening the meeting for resolving the civil matter (if any) shall be fixed at the latest 01 month from the date of the initial meeting.

Handling the results of serving procedural documents of the Court to involved parties overseas and the results of requesting competent foreign agencies to collect evidence Upon receiving the results of service and evidence collection overseas, depending on the specific case, the Court shall handle as follows:

1. Not open the mediation meeting when the service results have been received via one of the methods prescribed in Clause 1, Article 474 of this Code, the involved party has fully provided testimonies, documents, and evidence, and the civil case falls into the category of cases where mediation cannot be conducted as prescribed in Article 207 of this Code;

2. Postpone the mediation meeting if a notice of completed service has been received, but by the date of opening the mediation meeting, the Court has still not received the testimonies, documents, and evidence of the involved party, and they did not request to be absent from the mediation meeting. If by the date of reopening the mediation meeting, the involved party overseas remains absent, the Court shall determine this as a case where mediation cannot be conducted;

3. The Court shall postpone the trial in the following cases:

a) The involved party overseas requests a postponement of the first trial;

b) The involved party overseas is absent at the first trial, except when they submit a request for a trial in absentia;

The Court receives no written notification of the service results or the testimonies, documents, and evidence of the involved party overseas, and on the trial opening date, the involved party overseas is not present and has no request for the Court to conduct a trial in absentia, the Court shall postpone the trial. Immediately after postponing the trial, the Court shall send a document requesting the Ministry of Justice or the representative agency of the Socialist Republic of Vietnam overseas to notify the performance of serving the Court’s procedural documents to the involved party overseas in cases where the Court conducted the service through these agencies via one of the methods prescribed in Points a, b, and d, Clause 1, Article 474 of this Code. Within 01 month from the date of receiving the Court's document, the representative agency of the Socialist Republic of Vietnam overseas must notify the Court of the results of serving the procedural documents to the involved party overseas. Within 10 days from the date the Ministry of Justice receives the Court's document, the Ministry of Justice must send a document requesting the competent foreign agency to reply regarding the results of executing the judicial mandate. Within 05 working days from the date of receiving the return document from the competent foreign agency, the Ministry of Justice must reply to the Court. Upon the expiration of the 03-month period from the date of forwarding the Court's document to the competent foreign agency without receiving a reply, the Ministry of Justice must notify the Court to serve as a basis for resolving the case;

5. The Court shall conduct a trial in absentia of the involved party overseas in the following cases:

a) The Court has received the service results via one of the methods prescribed in Clause 1, Article 474 of this Code, the involved party has fully provided testimonies, documents, and evidence, and requested the Court to conduct a trial in absentia;

b) The Court has implemented the measures prescribed in Clause 3, Article 474 of this Code;

c) The Court receives no notice from the competent agency as prescribed in Clause 4 of this Article regarding the results of serving the involved party overseas.

6. If the Court receives a written notice stating that the service cannot be executed because the full name or address of the involved party is incorrect, or the involved party has moved to a new address but the new address is unknown, the Court shall resolve as follows:

a) The Court requests the plaintiff and domestic relatives of the involved party overseas (if any) to provide the correct or new address of the involved party overseas. The Court continues to serve the notice of case acceptance to the involved party overseas at the address provided by the plaintiff or the domestic relatives;

b) If the plaintiff or domestic relatives of the involved party cannot provide the address, or the domestic relatives refuse to provide the correct or new address of the involved party overseas, or the involved party overseas has no relatives in Vietnam, the Court shall issue a decision to suspend the resolution of the case. Simultaneously, the Court shall explain to the lawsuit initiator their right to request the Court to announce a search for the absent involved party at their place of residence or request the Court to declare the involved party missing or dead;

c) In case the plaintiff is a Vietnamese citizen requesting a divorce from a foreigner residing overseas but cannot provide the correct full name, address, or new address of the foreigner as requested by the Court, despite the fact that the plaintiff, their relatives, or competent Vietnamese or foreign agencies have conducted verification of information and addresses of that foreigner without result, the plaintiff may request the Court to announce it on the Court’s electronic portal (if any) and the electronic portal of the representative agency of the Socialist Republic of Vietnam overseas; where necessary, upon the plaintiff's request, the Court may announce it via the channel designated for foreigners of the central radio or television broadcast three times on 3 consecutive days. In this case, the Court does not have to re-serve the procedural documents to the involved party overseas. Upon the expiration of a 01-month period from the date of posting the announcement, the Court shall proceed to conduct a trial in absentia of the involved party.

Recognition of papers and documents sent by foreign agencies, organizations, and individuals to Vietnamese Courts

1. Vietnamese Courts shall recognize papers and documents created, issued, or certified by competent foreign agencies and organizations in the following cases:

a) The papers, documents, and their notarized or certified Vietnamese translations have been consularly legalized;

b) Such papers and documents are exempt from consular legalization in accordance with Vietnamese law or international treaties to which the Socialist Republic of Vietnam is a member.

2. Vietnamese Courts shall recognize papers and documents created by individuals residing overseas in the following cases:

a) Papers and documents created in a foreign language that have been translated into Vietnamese and legally notarized or certified in accordance with Vietnamese law;

b) Papers and documents created overseas that are notarized or certified in accordance with foreign law and have been consularly legalized;

c) Papers and documents created by Vietnamese citizens overseas in Vietnamese, bearing the signature of the creator, and which have been notarized or certified in accordance with Vietnamese law.

XIII. Time limits for appealing judgments and decisions of Courts resolving civil cases with foreign elements

1. Involved parties present in Vietnam have the right to appeal the Court's judgments or decisions within the time limit prescribed in Article 273 of this Code.

2. For involved parties residing overseas who are absent from the trial, the time limit to appeal the Court's judgments or decisions is 01 month from the date the judgment or decision is validly served or from the date the judgment or decision is validly posted in accordance with the law.

3. In case the Court conducts a trial in absentia of the involved party overseas in accordance with Point c, Clause 5, Article 477 of this Code, the time limit for an appeal is 12 months from the date of judgment pronouncement.

Serving, notifying procedural documents and handling the results of serving, notifying procedural documents of the appellate Court to involved parties overseas The appellate Court shall conduct the service and notification of procedural documents and handle the results of serving and notifying procedural documents to involved parties overseas in accordance with Articles 474, 476, and 477 of this Code.

Determining and providing foreign law for Courts to apply in resolving civil cases and matters with foreign elements In case a Vietnamese Court applies foreign law to resolve a civil case or matter with foreign elements in accordance with Vietnamese law or an international treaty to which the Socialist Republic of Vietnam is a member, the responsibility for determining and providing the foreign law shall be performed as follows:

1. In case the involved parties are entitled to select the applicable law being foreign law and have opted to apply that foreign law, they have the obligation to provide that foreign law to the Court resolving the civil case or matter. The involved parties shall be responsible for the accuracy and legality of the provided foreign law. In case the involved parties cannot reach an agreement regarding the foreign law or where necessary, the Court shall request the Ministry of Justice, the Ministry of Foreign Affairs, the representative agency of the Socialist Republic of Vietnam overseas, or through the Ministry of Foreign Affairs request the foreign diplomatic representative agency in Vietnam to provide the foreign law;

2. In case Vietnamese law or an international treaty to which the Socialist Republic of Vietnam is a member stipulates that foreign law must be applied, the involved parties have the right to provide the foreign law to the Court, or the Court shall request the Ministry of Justice, the Ministry of Foreign Affairs, or the representative agency of the Socialist Republic of Vietnam overseas to provide the foreign law;

3. The Court may request agencies, organizations, or individuals with expertise in foreign law to provide information on the foreign law;

4. Upon the expiration of a 06-month period from the date the Court requests the provision of the foreign law as prescribed in this Article without any result, the Court shall apply Vietnamese law to resolve that civil case or matter.