ORDINANCE on the recognition and enforcement in Vietnam of foreign arbitration decisions _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ To contribute to the development and expansion of economic relations with foreign countries, protect the interests of the State, protection of rights, legitimate interests of organizations and individuals, Vietnam and foreign countries.
Pursuant to article 91 of the Constitution of the Socialist Republic of Vietnam in 1992;
Based on the resolutions of the National Assembly IX, 6 session about building law in 1993;
This Ordinance regulates the recognition and enforcement in Vietnam of foreign arbitration decisions.
Chapter I GENERAL PROVISIONS article 1. The decision of the arbitrator in this Ordinance, "the decision of the foreign arbitration" is understood as the decision is declared outside Vietnam territory of arbitration because the parties agreed upon the choice to settle disputes arising from the legal trade relations.
"The decision of the foreign" also include the decision of the arbitrator was declared at the territory of Vietnam, but not by the Vietnam arbitration claim.
Article 2. Principles of recognition and enforcement 1. Vietnam Court consider the recognition and enforcement in Vietnam of foreign arbitration decisions in case the decision is declared in the country or of the country's referees that the Socialist Republic of Vietnam and the country that has signed or participated in international treaties on the issue. The decision of foreign courts of Vietnam may also be considered for recognition and enforcement in Vietnam on the basis of reciprocity which does not require a condition of signing, joining international treaties.
2. The decision of the foreign arbitration enforceable in Vietnam after the Vietnam courts recognize and enforce; the enforcement of this Ordinance and subject to the provisions of the law of Vietnam about civil enforcement.
Article 3. The right to ask for recognition and enforcement organizations, individuals were executed, their legal representatives have the right to submit the petition to the Court for recognition and enforcement in Vietnam of foreign arbitration decisions, if the organization is enforced is headquartered in Vietnam, the individual must enforce residency , work in Vietnam or if assets related to the enforcement has in Vietnam at the time of filing the request.
Article 4. The courts have jurisdiction to consider petitions and enforcement in Vietnam decisions of foreign courts is provincial, city in Central, where the Organizer must enforce headquarters, where individuals must enforce reside, work or where the assets related to the enforcement.
Article 5. Guarantee the right to appeal, the appeal 1. The decision of the Tribunal the recognition or non-recognition of foreign arbitration decisions may be privy to appeal or procurator protest.
2. the time limits specified in article 18 of this Ordinance without the appeal, the appeal, the decision of the courts of law.
3. the Supreme People's Court to consider the appeal, decided to protest against the decision of the courts of the province, the central cities of the recognition and enforcement in Vietnam of foreign arbitration decisions.
Article 6. Enforcing the law by the decision of the Tribunal the recognition and enforcement in Vietnam of foreign arbitration decisions 1. The decision of the foreign court recognition and enforcement in Vietnam are the rule of law as Vietnam Court's decision has the effect of law.
2. The decision has force of law courts and enforcement in Vietnam's foreign arbitration decisions must be the strictly enforced Privy, State agencies, organizations, social organizations, people's armed units and all citizens with respect.
In the case of organizations, individuals must enforce Executive decided voluntarily not to have the effect of law courts, the application of coercive measures in accordance with the law of Vietnam.
Article 7. Announcing the decision of the court right after the decision mentioned in clause 1 article 14, paragraph 5 article 15 and paragraph 3 of article 19 of this directive, through the Ministry of Justice, the Court announced the decision for the Organization, the individual who submitted the petition.
Article 8. Ensure the transfer of money, property, enforcement of foreign arbitration decisions of the State of the Socialist Republic of Vietnam secured the transfer of money, property gained from the enforcement of foreign arbitration decisions from Vietnam; the transfer of the money, the property is made under the provisions of the law of Vietnam.
Article 9. Organization fee, individuals filing a claim under the provisions of article 10 of this Ordinance to pay the fees.
The Government filing procedures, fees, management fees and use fees.
Chapter II REVIEWS the PETITION for RECOGNITION and ENFORCEMENT in VIETNAM of FOREIGN ARBITRATION DECISIONS article 10. Petition for recognition and enforcement in Vietnam of foreign arbitration decisions 1. Petition for recognition and enforcement in Vietnam of foreign arbitration decisions are submitted to the Ministry of Justice of Vietnam.
2. The petition mentioned in clause 1 of this article must have the following content: a. the name and full address of the Organization's headquarters is executed or the name, address of place of residence, place of work of the individual be enforced and of the legal representative in Vietnam of the Organization , that individual, if available;
b. full name and address of the Organization's headquarters is executed or the name, address of place of residence, place of work of the individual must enforce.
In the case of non-enforcement organization must have its headquarters in Vietnam, the individual must enforce non-residents, working in Vietnam, you have to specify the location where the property in Vietnam involving the enforcement;
c. Organization's requirements, individuals were executed.
3. The petition in a foreign language must be translated into Vietnamese and the translation must be certified conform with provisions of the law of Vietnam.
Article 11. Attached documents required 1. Attached to the petition specified in article 10 of this Ordinance to have the papers specified in international treaties to which the Socialist Republic of Vietnam signed or mentioned in clause 1 2 of this Ordinance.
In the case of international treaties are not specified on the attached papers required or no relevant international treaties, then accompanied the petition must contain the following documents: a. the original or a copy of the decision of foreign referees have been certified in accordance with the law Vietnam;
b. the original or a copy of the arbitration agreement: the endorsement line with the provisions of the Ordinance on Vietnam.
The arbitration agreement mentioned in point b of paragraph 1 of this article is the text of the agreement of the parties regarding the dispute resolution can or has arisen between them under the arbitration that the laws of the relevant countries can solve the regulations under it.
The arbitration agreement may be the terms of Arbitration stated in the contract or the separate arbitration agreement about to be signed by the parties after the dispute arose. The signing of this text can be done through the exchange of correspondence.
2. accompanying documents in foreign languages must be translated into Vietnamese and the translation must be certified conform with provisions of the law of Vietnam.
Article 12. Transfer of records to the Court 1. Within seven days from the date of the petition and legal documents attached, the Ministry of Justice to transfer records to the competent courts specified in article 4 of this Ordinance.

2. In the case of the Ministry of Justice had moved to the Court of record which then receives the notice of the competent bodies of foreign countries said in point c paragraph 1 article 16 of this Ordinance are considering or have to cancel, suspend enforcement of foreign arbitration decisions , then the Department of Justice notified immediately in writing to the Court to make a decision consistent with the provisions in points a and c of article 14 paragraph 1, paragraph 3 article 19 and article 20 paragraph 4 of this Ordinance.
Article 13. Accepting the record 1. Upon receiving the records by the Department of Justice moved to, the courts are responsible for accepting and inform organizations and individuals, to enforce and the Procuratorate at the same level know.
2. The courts have the right to ask individual organizations have sent the petition to solve the unknown file.
Article 14. Prepare petition for review 1. Within a period of two months from the date of acceptance, custom case, courts out one of the following decisions: a. to temporarily suspend the petition for review in the case of the notice in writing of the Ministry of Justice regarding the competent agencies of foreign countries that are considering the cancellation or suspension of enforcement of foreign arbitration decisions.
b. suspend the review petition, if individual organizations are enforced withdrawal of the petition or the Organization, individuals must have voluntarily enforce enforcement; the Organization must enforce was dissolved, bankrupt that rights, obligations of that organization were resolved in accordance with the law of Vietnam or individual must enforce dead rights, obligations of that person is not inherited;
c. suspension of the petition for review in the case of the notice in writing of the Ministry of Justice regarding the competent agencies of foreign countries have abolished or suspended enforcement of the decision of the arbitrator;
d. suspend the review petition and return the records to the Ministry of Justice in the case of vires, organizations must execute not have headquarters in Vietnam, the individual must enforce non-residents, work in Vietnam or do not identify the location where the assets related to the execution;
Sync trial considering the petition in the case have asked to explain the provisions in paragraph 2 of article 13 of this directive, the deadline was extended by two months.
2. The Court must consider the single trial within fifteen days from the date of the decision mentioned in paragraph 1 of this article the DUS points. Immediately after the decision to open the trial, the Court must move the record to the Procuratorate at the same level within a period of seven days.
Article 15. Petition for review of the trial 1. The petition for review was conducted at the trial by a panel of three judges, in which a judge do preside.
2. Procurator Procurator at the same level must attend the trial. In case of absence of the Prosecutor, to postpone the trial.
3. The trial was conducted in the presence of the legal representative of the Organization to execute, of individuals to enforce or legal representative of that person. These people are summoned to the trial under the provisions of the law of Vietnam.
The petition for review is still in progress, if the legal representative of the Organization are enforced, individuals have to enforce or the legal representative of the person requesting the Court to consider the absence of, or after the unit twice summoned valid still absent without good reason.
4. When considering petitions, the Council not judgement again the dispute had been settled that foreign arbitration only test, against the decision of the foreign arbitration and papers attached to the provisions of this Ordinance, the provisions of the law of Vietnam and the international treaties to which the Socialist Republic of Vietnam signed or joined , to make a decision.
5. After considering the application, the attached papers, if any, evidence, hearing opinions of people are summoned, the Prosecutor, the Council's deliberations and decisions by majority.
The Council has the right to recognition of decisions and enforcement in Vietnam of foreign arbitration decisions or decide not to recognize the decision of the referee.
Article 16. The absence of recognition of foreign arbitration decisions 1. The decision of the foreign arbitration not recognized and enforcement in Vietnam, if the organization or individual to enforce legitimate evidence to the Court asserted that: a. The arbitration agreement signed by the parties mentioned in clause 1 of article 11 of this Ordinance, the law to be applied to each side , does not have the capacity to sign that agreement; The arbitration agreement have no legal value according to the law of the country where the parties have chosen to apply or under the law of the country where the decision was declared, if the parties do not choose the law applicable to that agreement;
b. the Organization, individuals must not be enforced timely notification and appropriate about the appointment of the arbitrator, on the procedure for resolving the dispute in arbitration or for other justifiable cause that could not be done right in the proceedings;
c. decision of the foreign arbitration was about a dispute not be resolved or request Parties to exceed the requirements of the parties signed the agreement to arbitration. In the case of can split the decision on the matter was required and the decision on the issue is not resolved at arbitration requests, then the decision on the matter was required to solve can be recognition and enforcement in Vietnam.
d. composition of the arbitration, the dispute resolution procedures of the arbitration is inconsistent with the arbitration agreement or with the law of the country where the decision of the arbitrator is declared, if the arbitration agreement does not rule on the matter;
sync the arbitration decision not compulsory for the parties;
e. decision of the arbitrator was competent authority of the country where the decision was declared or of water has the law been applied, cancel or suspend the contest.
2. The decision of the foreign arbitration also not recognized and enforcement in Vietnam, if the Court considers: a. According to the law of Vietnam, the dispute is not resolved by arbitration;
b. the recognition and enforcement in Vietnam of foreign arbitration decisions contrary to the basic principles of the law of Vietnam.
Article 17. Send a copy of the Court decision for the Procuratorate immediately after a decision mentioned in clause 1 and clause 5 article 14 article 15 of this Ordinance, the Court sent the Procuratorate at the same level a copy of that decision.
Article 18. The appeal, the appeal 1. Within a period of fifteen days from the date of the Court decision stated at points a, b, c and d article 14 paragraph 1 and paragraph 5 of article 15 of this Ordinance, the litigants, their legal representatives have the right to appeal that decision.
An appeal to reason and appeal.
In the case of litigants not to be present at the trial, consider the petition, then the time limit for appeal is calculated from the date a copy of the decision was delivered to them; If the appeal expired but there is good reason, the time limit shall be calculated from the day of obstacles for the appeal.
2. Procurator at the same level or the Supreme People's Procuracy has the right to appeal the decision of the Court comes at points a, b, c and d article 14 paragraph 1 and paragraph 5 of article 15 of this directive.
The time limit for appeal of the Procuratorate at the same level is fifteen days, of the Supreme People's Procuracy is thirty days from the date of the Court decision.
Article 19. Appeal, protest

1. the Supreme People's Court review the decision of the courts of the province, central cities, when there is an appeal, an appeal, within the time limit of one month from the date of receiving the appeal, the appeal; If need to request explanations under the provisions of paragraph 2 of article 13 of this directive, the deadline was extended by two months.
2. The composition of the Council considering the appeal, the appeal of three judges, including a judge do preside.
Procedure for review of decision conduct of review procedures as the petition specified in article 15 of this directive.
3. The Council has the right to retain, in whole or in part the decision of the courts of the province, central cities; suspension, suspension of the appeal, the appeal in the case of litigants to withdraw the cable resistance, the Procuratorate to withdraw an appeal or to base the provisions in points a, b and c of paragraph 1 of article 14 of this Ordinance.
The decision of the Supreme People's Court is final and effective enforcement.
Article 20. Enforcement of foreign arbitration decisions 1. Within a period of fifteen days from the date of decision on the recognition and enforcement in Vietnam of foreign arbitration decisions have the force of law, the Court shall send a copy of that decision and a copy of the decision of foreign referees to enforce the judgment under the provisions of the law of Vietnam about civil enforcement.
2. The enforcement of foreign arbitration decisions must comply with the provisions of the law of Vietnam about civil enforcement.
3. In the case of the notice in writing of the Ministry of Justice regarding the competent agencies of foreign countries that are considering the cancellation or suspension of enforcement of the decision of foreign arbitration decision was enforced in Vietnam, the heads of civil enforcement agency decides to temporarily suspend enforcement of foreign arbitration decisions and send a why that decision for the Court to have the decision and enforcement in Vietnam of foreign arbitration decisions.
The heads of civil enforcement agencies can apply measures to ensure necessary for continued enforcement of foreign arbitration decisions, if requested by the Organization, individuals were executed.
4. Immediately after receiving the written notice of the Ministry of Justice regarding the competent agencies of foreign countries have abolished or suspended enforcement of foreign arbitration decisions, the courts have recognized decision and enforcement in Vietnam decisions of foreign arbitration decisions annulment of that decision and send a copy of this decision to the Agency enforcement of the judgment.
Shortly after receiving the Court's decision, the heads of civil enforcement agency decides to suspend the enforcement of foreign arbitration decisions.
Chapter III FINAL PROVISIONS article 21. Application of international treaties in the case of international treaties to which the Socialist Republic of Vietnam signed or joined other provisions with the provisions of this Ordinance, shall apply to the provisions of international treaties.
Article 22. The Court did not consider the recognition and enforcement of foreign arbitration decisions in the event the decision of the referee or Vietnam's claim, personal Vietnam about the recognition and enforcement of foreign arbitration decisions are not competent bodies of that country look for reasons of discrimination Vietnam, the Court is entitled to apply the measures restricting respectively for the review of petitions for recognition and enforcement in Vietnam by the country's arbitration decision or petition on the issue of individual organizations of that country.
Article 23. The effect of the Ordinance this Ordinance has effect from January 1, 1996.
Article 24. Terms of implementation of the Government, the Supreme People's Court and the Supreme People's Procuratorate, in the scope of its functions, detailing the implementation of this Ordinance.