PART XI
Procedures for Recognition and Enforcement in Vietnam of Civil Judgements and Decisions of Foreign Courts and Foreign Arbitration
Awards
CHAPTER XXVI
General Provisions on Procedures for Recognition and Enforcement in Vietnam of Civil Judgements and Decisions of Foreign Courts and Foreign Arbitration Awards
Article 342 Civil judgements and decisions of foreign courts and foreign arbitration awards
1. Civil judgements or decisions of foreign courts mean judgements and decisions of foreign courts relating to civil [matters], marriage and family, business, commerce or labour, decisions relating to assets in criminal or administrative judgements and decisions of foreign courts and other judgements or decisions of foreign courts which are considered to be a civil judgement or decision in accordance with the laws of Vietnam.
2. Foreign arbitration awards mean arbitration awards made outside the territory of Vietnam by an arbitrator appointed by mutual agreement of the parties in order to settle a dispute arising from their business, commercial and labour legal relations.
Article 343 Principles of recognition and enforcement of civil judgements and decisions of foreign courts and foreign arbitration awards
1. The courts of Vietnam shall consider the recognition and enforcement of civil judgements and decisions of foreign courts in the following cases:
(a) Civil judgements and decisions of courts of a country which is a party to a relevant international treaty of which Vietnam is a participant or a signatory;
(b) Civil judgements and decisions of foreign courts which are recognized and permitted to be enforced in accordance with the laws of Vietnam.
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2. The courts of Vietnam shall consider the recognition and enforcement of foreign arbitration awards where such awards have been made in, or by arbitrators of, a countrywhich is a party to a relevant international treaty of which Vietnam is a participant or a signatory.
3. The courts of Vietnam may also consider the recognition and enforcement in Vietnam of civil judgements and decisions of foreign courts and foreign arbitration awards on a reciprocal basis without the condition that Vietnam and the relevant country are a signatory or participant of a relevant international treaty.
4. The enforcement in Vietnam of any civil judgement or decision of a foreign court or foreign arbitration award shall be subject to the recognition and approval of the courts of Vietnam.
5. Civil judgements or decisions of foreign courts for which no petition for enforcement in Vietnam and no petition for [a decision] not to recognize are made shall be automatically recognized in Vietnam in accordance with a relevant international treaty of which Vietnam is a signatory or participant.
6. The courts of Vietnam shall only consider [petitions for a decision] not to recognize a civil judgement or decision of a foreign court for which no petition for enforcement in Vietnam is made on the basis of a petition for [a decision] not to recognize.
Article 344 Right to lodge petitions for recognition and enforcement of civil judgements and decisions of foreign courts and foreign arbitration awards
1. Persons seeking enforcement, or their legal representatives, shall be entitled to apply to a court of Vietnam for the recognition and enforcement in Vietnam of a civil judgement or decision of a foreign court or a foreign arbitration award where the individuals against whom enforcement is sought permanently reside and work in Vietnam or the bodies or organizations against which enforcement is sought have principal offices in Vietnam or where the assets relating to the enforcement of the civil judgement or decision of a foreign court or foreign arbitration award are located in Vietnam at the time of lodgement of the petition.
2. Concerned parties, persons with related rights and interests or their legal representatives shall be entitled to apply to a court of Vietnam for [a decision] not to recognize a civil judgement or decision of a foreign court for which no petition for enforcement in Vietnam is made.
Article 345 Right of appeal and protest
A concerned party shall have the right to appeal and the inspectorate shall have the right to protest against the decision of a court of Vietnam to recognize, or not to recognize, a civil judgement or decision of a foreign court or a foreign arbitration award in order to request a higher court to directly review in accordance with this Code.
Article 346 Enforceability of Vietnamese court’s decision to recognize or not to recognize civil judgements and decisions of foreign courts or foreign arbitration awards
1. A civil judgement or decision of a foreign court or a foreign arbitration award which is recognized by a court of Vietnam and permitted to be enforced in Vietnam shall be of the same effect as any other civil judgement or decision of the court of Vietnam which is in force and shall be enforced in accordance with the procedures for execution of civil judgements. A civil judgement or decision of a foreign court which is not recognized by a court of Vietnam shall not be legally enforceable in Vietnam.
2. A foreign arbitration award which is recognized by a court of Vietnam and permitted to be enforced in Vietnam shall be of the same force and effect as any other decision of the court of Vietnam which is in force and shall be enforced in accordance with the procedures for execution of civil judgements.
Article 347 Notification of results of consideration of petitions
Within fifteen (15) days from the date of issuance of a decision, the court of Vietnam shall,
through the Ministry of Justice, notify the result of consideration of the petition for recognition
and enforcement in Vietnam of a civil judgement or decision of a foreign court to the foreign
court which has made such judgement or decision, concerned parties, individuals, bodies and
organizations relating to such decision; or notify the result of consideration of the petition for
recognition and enforcement of a foreign court award in Vietnam to the petitioner and other
individuals, bodies and organizations relating to such decision of the court of Vietnam.
Article 348 Guarantee of the right to transfer monies and assets in enforcement of civil
judgements and decisions of foreign courts or foreign arbitration awards
The State of Vietnam shall guarantee the transfer abroad of any monies or assets in the
enforcement of a civil judgement or decision of a foreign court or a foreign arbitration award
which is recognized by a court of Vietnam and permitted to be enforced in Vietnam. Any such
transfer of monies or assets shall be in accordance with the laws of Vietnam.
Article 349 Fees for recognition and enforcement of civil judgements and decisions of foreign
courts or foreign arbitration awards
The petitioner lodging with a court of Vietnam a petition for recognition and enforcement in
Vietnam of a civil judgment or decision of foreign court or a foreign arbitration award shall be
liable to pay a fee in accordance with the laws on Vietnam.
CHAPTER XXVII
Procedures for Consideration of Petitions for Recognition and Enforcement in Vietnam of Civil Judgements and Decisions of Foreign Courts
Article 350 Petitions for recognition and enforcement
1. Petitions for the recognition and enforcement in Vietnam of civil judgements and decisions of foreign courts shall be lodged with the Ministry of Justice and shall contain the following main items:
(a) Full name and address of the residence or workplace of the person seeking enforcement or his or her legal representative; if the person seeking enforcement is a body or organization, the name and address of the principal office of such body or organization must be specified;
(b) Full name and address of the residence or workplace of the person against whom enforcement is sought; if the person against whom enforcement is sought is a body or organization, of the principal office of such body or organization; where the individual against whom enforcement is sought does not reside or work in Vietnam or the organization against which enforcement is sought does not have a principal office in Vietnam, the address of the location of the assets and types of assets relating to the enforcement in Vietnam of the civil judgement or decision of a foreign court must be specified;
(c) An outline of the case of the person seeking enforcement; where part of the judgement or decision of the foreign court has been already enforced, the person seeking enforcement must specify the enforced part and the remaining part for which the petition for recognition and enforcement in Vietnam is made.
3. Petitions in a foreign language must have attached to them a duly notarized or certified Vietnamese translation.
Article 351 Papers and documents attached to petitions
1. A petition shall have attached to it any papers and documents stipulated in an international treaty of which Vietnam is a signatory or a participant. Where an international treaty fails to make provisions in relation to attachments to petitions, or in the absence of any relevant international treaty, the petition must have attached to it a valid copy of the judgement or decision of the foreign court; a document certifying that such judgement or decision is in force, the time-limit for enforcement has not expired and [such judgement or decision] should be enforced in Vietnam, unless such items have been specified in such judgement or decision; a document certifying that a copy of such judgement or decision has been served to the person against whom enforcement is sought. Where the person against whom enforcement is sought or his or her legal representative was absent at the trial of the foreign court, a document certifying that such person was duly summoned is required.
2. Papers and documents in a foreign language attached to the petition must have attached to them a duly notarised or certified Vietnamese translation.
Article 352 Transfer of documents to courts
Within seven days from the date of receipt of a petition and the attached papers and documents, the Ministry of Justice shall transfer the file to the appropriate court as referred to in articles 34 and 35 of this Code.
Article 353 Receipt of files and request for clarification
1. Within three working days from the date of receipt of a file from the Ministry of Justice, the court shall be responsible for checking the file and notifying the Inspectorate of the same jurisdiction.
2. During the period of preparation for consideration of the petition, the court shall have the authority to require the petitioner or the foreign court making the judgement or decision to clarify any unclear matters in the file. The written request for clarification and the written response must be forwarded through the Ministry of Justice.
3. Within seven days from the date of receipt of the written request for clarification from the court of Vietnam, the Ministry of Justice shall forward such written request for clarification to the petitioner or the foreign court.
4. Within seven days from the date of receipt of the written response to the request for clarification, the Ministry of Justice shall forward such written response to the court of Vietnam.
Article 354 Preparation for consideration of petitions
1. Within four months from the date of receipt of a file, the court shall, on a case-by-case
basis, make one of the following decisions:
(a) To suspend its consideration of the petition where the petition is withdrawn by the
petitioner or where the person against whom enforcement is sought discharges his
or her obligations on a voluntary basis, or where the individual against whom
enforcement is sought dies and his or her rights and obligations are not
bequeathed, or where the body or organization against which enforcement is
sought is dissolved or declared bankrupt and its rights and obligations are dealt
with in accordance with the laws of Vietnam;
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(b) To suspend its consideration of the petition and return the file to the Ministry of
Justice where the matter is not within its jurisdiction or where the address of the
person against whom enforcement is sought or the locality in which the assets
relating to the enforcement are located is unidentified;
(c) To commence a court meeting1.
The period of preparation for consideration of the petition shall be extended by two
months in cases where the court requires clarification in accordance with clause 2 of
article 353 of this Code.
2. Within one month from the date on which the decision commencing a court meeting is
made, the court shall commence a court meeting to consider the petition.
Within fifteen (15) days prior to the date of commencement of a court meeting, the court
shall send the file to the inspectorate of the same jurisdiction for consideration; upon
expiry of such time-limit, the inspectorate must return the file to the court in order to
commence the court meeting.
Article 355 Court Meetings
1. A petition shall be considered at a court meeting by a council of three judges, one of
whom shall preside over the meeting as assigned by the chief justice of the court.
2. An inspector from the inspectorate of the same jurisdiction shall be present at the
meeting. In the event that such inspector is absent, the court meeting must be adjourned.
3. The court meeting shall be conducted in the presence of the person against whom
enforcement is sought, or his or her legal representative; where such person is absent
from the trial for the first time with proper reasons, the meeting shall be adjourned.
The consideration of the petition shall proceed in the absence of the person against
whom enforcement is sought, or his or her legal representative if he or she so requests
or if such person continues to be absent after being properly summoned twice.
4. The council shall not review the case but shall only check and verify the civil judgement or
decision of the foreign court and documents and papers attached to the petition against
the provisions of this Code and other provisions of the laws of Vietnam and of the
relevant international treaties of which Vietnam is a participant or signatory for decision.
5. The council shall, after considering the petition and attached papers and documents and
listening to the opinions of the concerned persons and inspectors, discuss and make a
decision on a majority basis.
The council shall have absolute discretion when issuing a decision on the recognition and
enforcement in Vietnam of the civil judgement or decision of the foreign court.
Article 356 Civil judgements and decisions of foreign courts which are not recognized and
enforced in Vietnam
1. The civil judgement or decision is not yet legally enforceable in accordance with the laws
of the country in which the court has made such judgement or decision.
2. The person against whom enforcement is sought, or his or her legal representative, is
absent from the trial of the foreign court because such person is not properly summoned.
1 Phillips Fox Note: The literal translation is "meeting for consideration of a petition", but "court meeting" has been
used throughout this translation.
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3. The case falls under the particular jurisdiction of the court of Vietnam.
4. The case has been resolved by a legally enforceable civil judgment or decision of the
court of Vietnam or of a foreign court which has been recognized by the court of Vietnam
or before the foreign tribunal accepts to resolve the case, the court of Vietnam has
accepted and is resolving such case.
5. The time-limit for enforcement of the judgement has expired in accordance with the laws
of the country in which the court which has made such civil judgement or decision or in
accordance with the laws of Vietnam.
6. The recognition and enforcement in Vietnam of the civil judgement or decision of the
foreign court is contrary to the basic principles of the laws of Vietnam.
Article 357 Sending court's decision
Immediately upon any decision referred to in articles 354 and 355 of this Code being made, the
court shall send [copies of] the decision to the concerned parties and the inspectorate of the
same jurisdiction; in the case of concerned parties being overseas, the decision shall be sent
through the Ministry of Justice.
Article 358 Appeals and protests
1. Within fifteen (15) days of the court making any decision referred to in articles 354 and
355 of this Code, the concerned parties or their respective legal representatives shall be
entitled to appeal against the decision; where a concerned party or its respective legal
representative was absent from the court meeting, the appeal period shall commence
from the date on which the decision is delivered to such party. The application for appeal
must set out clearly the reasons and request for appeal.
Where a concerned party or its legal representative is unable to make an appeal within
the above-mentioned time-limit due to an event of force majeure or objective hindrance,
the time-limit for appeal shall exclude the period of occurrence of such event of force
majeure or objective hindrance.
2. The inspectorate of the same jurisdiction or the People's General Inspectorate shall be
entitled to protest against any decision of the court referred to in articles 354 and 355 of
this Code.
The time-limit for submission of a protest shall be fifteen (15) days in the case of the
inspectorate of the same jurisdiction and thirty (30) days in the case of the People's
General Inspectorate, commencing from the date of issuance of the decision by the court.
Article 359 Consideration of appeals and protests
1. The People's Supreme Court shall review decisions made by the provincial people's
courts which are being appealed or protested against within one month from the date of
receipt of a file; where clarification is required as provided for in article 353 of this Code,
the time-limit shall be extended by two months.
2. The council considering the appeal or protest shall comprise three judges, of whom one
shall act as the presiding judge as assigned by the Chief Justice of the Appellate Court
under the People's Supreme Court.
The meeting for review of a decision which is being appealed or protested against shall
be the same as the court meeting as stipulated in article 355 of this Code.
3. The council may uphold, or amend a part or the whole of, a decision of the provincial
people's court; suspend its consideration of the appeal or protest in cases where the
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concerned parties withdraw such appeal or the inspectorate withdraws such protest, or
where there is evidence in accordance with clauses 1(a) of article 354 of this Code.
Decisions made by the People's Supreme Court shall be final and binding.
CHAPTER XXVIII
Procedures for Consideration of Petitions for [Decisions] not to Recognize Civil
Judgements and Decisions of Foreign Courts for Which no Petition for Enforcement in
Vietnam is Made
Article 360 Time-limits for lodgement of petitions for [a decision] not to recognize
1. Within thirty (30) days from the date of receipt of a civil judgement or decision of a foreign
court for which no petition for enforcement in Vietnam is made, concerned parties,
persons with related rights and interests or their legal representative shall be entitled to
lodge with the Ministry of Justice a petition to request the court of Vietnam not to
recognize the civil judgement or decision.
2. Where the petitioner can substantiate that due to an event of force majeure or objective
hindrance, he or she is unable to lodge the petition within the time-limit specified in clause
1 of this article, the time-limit for lodgement of a petition shall exclude the period of
occurrence of the event of force majeure or objective hindrance.
The re-commencement of the time-limit shall be considered and decided by the chief
justice of the court which receives the petition.
Article 361 Petitions for [a decision] not to recognize
1. A petition for [a decision] not to recognize a civil judgement or decision of a foreign court
shall contain the following main items:
(a) Full name and address of the residence or workplace of the petitioner; or of the
principal office of the organization or body if the petitioner is an organization or
body;
(b) An outline of the case of the petitioner.
2. The petition shall have attached to it a valid copy of the civil judgement or decision of the
foreign court and necessary papers and documents to substantiate that its petition for [a
decision] not to recognize is grounded.
3. A petition and attached papers and documents in a foreign language shall have attached
to them a duly notarised or certified Vietnamese translation.
4. The petition and attached papers and documents shall be transferred to the appropriate
court in accordance with article 352 of this Code.
Article 362 Consideration of petitions for [a decision] not to recognize
1. The preparation for the consideration of a petition and the consideration of a petition for [a
decision] not to recognize a civil judgement or decision of a foreign court shall be carried
out in accordance with articles 354 and 355 of this Code.
2. The council shall have the right to make one of the following decisions:
(a) Not recognize the civil judgement or decision of the foreign court;
(b) Dismiss the petition for [a decision] not to recognize.
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3. Civil judgements and decisions of foreign courts for which no petition for enforcement in
Vietnam is made shall not be recognized in the cases specified in article 356 of this Code.
Article 363 Sending Court's decision and appeals and protests
The delivery of [copies of] decisions of the court; appeals and protests and review of an appeal
or protest shall be subject to articles 357, 358 and 359 of this Code.
CHAPTER XXIX
Procedures for Considerations of Petitions for Recognition and Enforcement of Foreign
Arbitration Awards in Vietnam
Article 364 Petitions for recognition and enforcement of foreign arbitration awards in Vietnam
1. Petitions for the recognition and enforcement of foreign arbitration awards in Vietnam
shall be lodged with the Ministry of Justice and shall contain the following main items:
(a) Full name and address of the residence or workplace of the person seeking
enforcement or his or her legal representative; if the person seeking enforcement is
a body or organization, the name and address of the principal office of such body
or organization must be specified;
(b) Full name and address of the residence or workplace of the person against whom
enforcement is sought; if the person against whom enforcement is sought is a body
or organization, of the principal office of such body or organization; where the
individual as the person against whom enforcement is sought does not reside or
work in Vietnam or the organization against which enforcement is sought does not
have a principal office in Vietnam, the address of the location of the assets and
types of assets relating to the enforcement of the foreign arbitration award in
Vietnam must be specified;
(c) An outline of the case of the person seeking enforcement;
2. Petitions in a foreign language must have attached to them a duly notarised or certified
Vietnamese translation.
Article 365 Papers and documents attached to petitions
1. A petition shall have attached to it any papers and documents stipulated in an
international treaty of which Vietnam is a signatory or a participant. Where an
international treaty fails to make provisions in relation to attachments to petitions, or in the
absence of any relevant international treaty, the petition must have attached to it a valid
copy of the foreign arbitration award; a copy of the arbitration agreement of the parties in
relation to the resolution of potential or occurred disputes by arbitration in accordance
with the law of the relevant country.
The arbitration agreement may be a provision on arbitration stated in a contract, or a
separate agreement entered into by the parties upon the occurrence of a dispute.
2. Papers and documents in a foreign language attached to the petition must have attached
to them a duly notarized or certified Vietnamese translation.
Article 366 Transfer of documents to courts
1. Within seven days from the date of receipt of a petition and the attached papers and
documents, the Ministry of Justice shall transfer the file to the appropriate court as
referred to in articles 34 and 35 of this Code.
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2. Where the Ministry of Justice, having already transferred the file to the appropriate court,
is notified by an authorized body of a foreign country that the foreign arbitration award is
being considered [for revocation or suspension], or has already been revoked or
suspended, the Ministry of Justice must immediately notify the court in writing.
Article 367 Receipt of files
1. Within three working days from the date of receipt of a file from the Ministry of Justice, the
court shall be responsible for checking the file and notifying the individual against whom,
or body or organization against which, enforcement is sought and the inspectorate of the
same jurisdiction.
2. The court shall have the authority to require the individual, body or organization as the
petitioner lodging the petition to clarify any unclear matters in the file.
Article 368 Preparation for consideration of petitions
1. Within two months from the date of receipt of a file, the court shall, on a case-by-case
basis, make one of the following decisions:
(a) To suspend temporarily its consideration of the petition in the event of receipt of a
written notice from the Ministry of Justice informing the court that the foreign
arbitration award is being considered by the authorized body of the relevant foreign
country;
(b) To suspend its consideration of the petition where the petition is withdrawn by the
individual, body or organization seeking enforcement or where the individual
against whom, or body or organization against which, enforcement is sought
discharges its, or his or her, obligations on a voluntary basis, or where the body or
organization against which enforcement is sought is dissolved or declared bankrupt
and its rights and obligations are dealt with in accordance with the laws of Vietnam
or where the individual against whom enforcement is sought dies and his or her
rights and obligations are not bequeathed;
(c) To suspend its consideration of the petition in the event of receipt of a written
notice from the Ministry of Justice that the foreign arbitration award has been
revoked or suspended by the authorized body of the relevant foreign country.
(d) To suspend its consideration of the petition and return the file to the Ministry of
Justice where the matter is not within its jurisdiction, where the body or
organization against which enforcement is sought does not have a principal office
in Vietnam or the individual against whom enforcement is sought does not reside or
work in Vietnam, or where the location in which the assets relating to the
enforcement in Vietnam are located cannot be identified.
(dd) To commence a court meeting.
The period of preparation for consideration of the petition shall be extended by two
months in cases where the court requires clarification in accordance with clause 2 of
article 367 of this Code.
2. Within twenty (20) days from the date of making the decision to commence a court
meeting, the court shall commence a court meeting to consider the petition. Within ten
(10) days prior to the date of commencement of the meeting, the court shall send the file
to the inspectorate of the same jurisdiction for consideration; upon expiry of such timelimit,
the inspectorate must return the file to the court in order to commence a court
meeting.
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Article 369 Court Meetings
1. A petition shall be considered at a court meeting by a council of three judges, one of
whom shall preside over the meeting as assigned by the chief justice of the court.
2. An inspector from the inspectorate of the same jurisdiction shall be present at the
meeting; in the event that such inspector is absent, the court meeting must be adjourned.
3. The court meeting shall be conducted in the presence of the person against whom
enforcement is sought, or his or her legal representative; where such person is absent
from the trial for the first time with proper reasons, the meeting shall be adjourned.
The consideration of the petition shall proceed in the absence of the person against
whom enforcement is sought, or his or her legal representative if he or she so requests
or if such person continues to be absent after being properly summonsed twice.
4. The council shall not review the dispute which has been resolved by the foreign arbitrator
but shall only check and verify the foreign arbitration award and attached documents and
papers against the provisions of this Code and other provisions of the laws of Vietnam
and of the international treaties of which Vietnam is a participant or signatory for decision.
5. The council shall, after considering the petition and attached papers and documents and
listening to the opinions of the concerned persons and inspectors, discuss and make a
decision on a majority basis.
The council shall have absolute discretion when issuing a decision on the recognition and
enforcement of the foreign arbitration award in Vietnam.
Article 370 Cases [where foreign arbitration awards] are not recognized
1. A foreign arbitration award shall not be recognized or enforced in Vietnam in the following
cases:
(a) The parties to the arbitration agreement did not have the capacity to sign the
agreement in accordance with the applicable law of each party;
(b) The arbitration agreement is unenforceable or invalid in accordance with the
governing law, or the laws of the country in which the award was made where the
arbitration agreement does not stipulate the governing law;
(c) The individual against whom, or body or organization against which, enforcement is
sought had not been notified properly and in a timely manner of the appointment of
the arbitrator or the procedures for resolving the dispute by foreign arbitration, or
had reasonable cause for failing to exercise its, or his or her, right to legal
proceedings;
(d) The foreign arbitration award was made in respect of a dispute which was not
referred to arbitration by the concerned parties, or which goes beyond the request
of the parties to the arbitration agreement. Where it is possible to sever the
arbitration award, that part which was referred to arbitration by the parties shall be
recognized and enforced in Vietnam;
(dd) The composition of the foreign arbitration panel, or the foreign arbitration
procedure, was inconsistent with the arbitration agreement or the laws of the
country in which the foreign arbitration award was made, in cases where such
matters are not stipulated in the arbitration agreement;
(e) The foreign arbitration award is not yet enforceable or binding on the parties;
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(g) The foreign arbitration award has been revoked or suspended by a competent body
of the country in which the foreign arbitration award was made or of the country the
law of which is the governing law.
2. A foreign arbitration award shall not be recognized and enforced in Vietnam where it is
deemed by the court of Vietnam that:
(a) The relevant dispute cannot be resolved by arbitration in accordance with the laws
of Vietnam;
(b) The recognition and enforcement of the foreign arbitration award in Vietnam is
contrary to the basic principles of the laws of Vietnam.
Article 371 Sending court's decision
Immediately upon any decision referred to in articles 368 and 369 of this Code being made, the
court shall send the decision to the concerned parties and the inspectorate of the same
jurisdiction; in the case of concerned parties being overseas, the decision shall be sent through
the Ministry of Justice.
Article 372 Appeals and protests
1. Within fifteen (15) days of the court making any decision referred to in articles 368 and
369 of this Code, the concerned parties or their respective legal representatives shall be
entitled to appeal against the decision; where a concerned party or its respective legal
representative was absent from the court meeting, the appeal period shall commence
from the date on which the decision is delivered to such party; the application for appeal
must set out clearly the reasons and request for appeal.
Where a concerned party or its legal representative is unable to make an appeal within
the above-mentioned time-limit due to an event of force majeure or objective hindrance,
the time-limit for appeal shall exclude the period of occurrence of such event of force
majeure or objective hindrance.
2. The inspectorate of the same jurisdiction or the People's General Inspectorate shall be
entitled to protest against any decision of the court referred to in articles 368 and 369 of
this Code.
The time-limit for submission of a protest shall be fifteen (15) days in the case of the
inspectorate of the same jurisdiction and thirty (30) days in the case of the People's
General Inspectorate, commencing from the date of issuance of the decision by the court.
Article 373 Consideration of appeals and protests
1. The People's Supreme Court shall review decisions made by the provincial people's
courts which are being appealed or protested against within one month from the date of
receipt of a file; where clarification is required as provided for in clause 2 of article 367 of
this Code, the time-limit shall be extended by two months.
2. The council considering the appeal or protest shall comprise three judges, of whom one
shall act as the presiding judge as assigned by the Chief Justice of the Appellate Court
under the People's Supreme Court. The meeting for review of a decision which is being
appealed or protested against shall be the same as the court meeting as stipulated in
article 369 of this Code.
3. The council may uphold, or amend a part or the whole of, a decision of a provincial
people's court; temporarily suspend or suspend its consideration of the appeal or protest
in cases where the concerned parties withdraw such appeal or the inspectorate
withdraws such protest, or where there is evidence in accordance with clauses 1(a), (b) or
(c) of article 368 of this Code.
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Decisions made by the People's Supreme Court shall be final and binding.
Article 374 Dismissal of decisions on recognition and enforcement
1. Upon being notified in writing by the Ministry of Justice that a competent foreign authority
is considering the revocation or suspension of the foreign arbitration award for which a
decision on the enforcement in Vietnam has been already made, the head of the body
responsible for the execution of civil judgements shall make a decision on the temporary
suspension of enforcement of the foreign arbitration award and shall send a copy of its
decision to the court which previously made the decision on the recognition and
enforcement of the foreign arbitration award in Vietnam.
The head of the body responsible for the execution of civil judgements may take the
necessary steps to ensure the continuation of the enforcement of a foreign arbitration
award, if so required by the individual, body or organization seeking enforcement.
2. Upon receipt of a notice from the Ministry of Justice informing that the foreign arbitration
award has been revoked or suspended by the competent foreign authority, the court of
Vietnam which previously made the decision on the recognition and enforcement of that
foreign arbitration award in Vietnam must issue a decision to cancel its previous decision
and send a copy of such decision to the body responsible for enforcement.
Upon receipt of the court's decision, the head of the body responsible for execution of civil
judgements shall make a decision on the suspension of the enforcement of the relevant
foreign arbitration award.