CIRCULAR guide INDUSTRY made some provisions of the Ordinance on the recognition and enforcement in Vietnam the verdict, the decision of foreign courts civil _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ To the correct and uniform implementation of the provisions of the Ordinance on the recognition and enforcement in Vietnam the verdict, the decision of the foreign court civil (hereafter called the Ordinance) are the National Assembly Information Committee through May 17-4-1993 and with effect from 1 July 1993, the Ministry of Justice, the Supreme People's Court, the Supreme People's Procuracy instructions a score as follows: I-PRINCIPLES of RECOGNITION and ENFORCEMENT 1. According to the provisions in clause 1 of article 2 of the Ordinance, the courts of the province of the central cities, just look to the recognition and enforcement in Vietnam the verdict, the decision of the Court in the following cases:-judgment in civil decisions of the courts of that country that foreign and Vietnam signed or joined in the international treaties , which contains the rules for recognition and enforcement of judgments, the courts of civil decisions each State signing;
-The verdict, the decision of the courts of that country that foreign and Vietnam has not signed or participated in international treaties on the matter, but Vietnam law, regulation and enforcement.
So far we don't have state law would regulate the recognition and enforcement in Vietnam the verdict, the decision of the courts of that country that foreign and Vietnam has not signed or participated in international treaties on the issue. So, currently Vietnam's courts only consider the recognition and enforcement in Vietnam the verdict, the decision of the Court of the country has signed with Vietnam similar judicial aid agreement on issues of civil, family and criminal, including prescribing the recognition and enforcement of judgments the decision of the courts of each country has concluded (attached to this circular contains the list of countries the agreement Vietnam signed with judicial assistance).
2. In accordance with paragraph 4 of article 2 of the Ordinance, the verdict, the decision of foreign courts civil no required enforcement in Vietnam was Vietnam courts consider not recognized when the petition is not recognized, that do not depend on the country and Vietnam signed or participated in international treaties on the issue or not.
II-JURISDICTION To CONSIDER PETITIONS 1. The determination of the competent court reviews the petition for recognition and enforcement in Vietnam the verdict, the decision of the courts of foreign countries according to the provisions in clause 1 article 4 of the Ordinance shall be as follows: a/in case people are executed projects is the personal petition for review first of all under the jurisdiction of the courts of the province of , central cities, where people have to enforce the judgment. If people have to enforce the judgment does not reside in Vietnam, but working in Vietnam, the petition under the jurisdiction of the courts of the province, central cities, where people must work execution. If people have to enforce the judgment non-resident and does not work in Vietnam or if not determine the place of residence, work place of people to execution, the petition for review under the jurisdiction of the courts of the province of the central cities, where the assets related to the enforcement of the judgment.
With regard to the recognition and enforcement in Vietnam the verdict, the decision of the Court relating to foreign property in Vietnam is a property (such as: housing, buildings, ...), then the review petition in all cases are under the jurisdiction of the courts of the province of , central cities, where has that property.
b) in the case of people who have to enforce the judgment is legal, then the petition for review under the jurisdiction of the courts of the province of the central cities, where the legal entity has its headquarters, unless the law of Vietnam have other rules.
2. The determination of the competent court reviews the petition does not recognize civil judgments or decisions of the courts of foreign countries do not have the required enforcement in Vietnam as stipulated in paragraph 2 article 4 of the Ordinance shall be as follows: a) in the case of a single sender is personal, the petition for review first of all under the jurisdiction of the courts of the province of the central cities, where people submit. If the submit does not reside in Vietnam, but working in Vietnam, the petition for review under the jurisdiction of the courts of the province, central cities, where people submit work.
b) in the case of a single sender is legal, then the petition for review under the jurisdiction of the courts of the province, central cities, where the legal entity has its headquarters, unless the law of Vietnam have other rules.
III-The TRANSLATION Of The PETITION And OTHER PAPERS 1. According to the provisions of articles 10, 11, 22 of the Ordinance, the petition and attached documents in foreign languages must be translated into Vietnamese, must be legally authenticated. In the case of the petition and attached documents in a foreign language are translated into Vietnamese overseas, then c

 the legal authentication is certified in accordance with the procedures specified on the territory of foreign court judgments in civil decisions without consular legalization, if that country and Vietnam signed or participated in international treaties, including the exemption regulations consular legalization. If that country and Vietnam haven't signed or not to join the international treaties in this regard, the addition must be certified in accordance with the prescribed procedure on its territory by foreign courts have issued judgments, civil decision, the petition and the accompanying papers have to be legalized in consular consular agencies in Vietnam under the provisions of the Ordinance on 13-11-1990 (attached to this circular contains the list of countries that have signed with Vietnam international treaties, including the exemption regulations consular legalization).
In the case of the petition and attached documents in a foreign language are translated into Vietnamese in Vietnam, the legal authentication certificate is certified Agency of Vietnam.
After receiving the petition and attached documents in a foreign language are translated into Vietnamese in Vietnam, the legal authentication is the authentication of notary agency Vietnam.
After receiving the petition and the accompanying papers, the Ministry of Justice is responsible for checking the legality of the probate petition and attached documents. If the petition and attached documents in a foreign language has not yet been translated into Vietnamese, unproven legal knowledge, then the Justice Department return the petition and attached documents to the sender and ask them to implement the provisions of the Ordinance.
2. The translation of court documents sent to foreign courts from Vietnam Vietnamese out foreign language, the translation of court documents submitted by foreign courts of Vietnam from foreign language Vietnamese made out according to the provisions of international treaties to which that country and Vietnam signed or joined in the regulations on this matter. In the case of Vietnam court documents sent to foreign courts need to be translated from Vietnamese out foreign, then based on the fact situation of each court and the complexity of the document, the Ministry of Justice will assist the Court in the translation of the document from the Vietnamese out foreign languages when required.
V-The FEE to send the petition to the recognition and enforcement in Vietnam the verdict, the decision of foreign courts civil and who sent the petition does not recognize civil judgments or decisions of the courts of foreign countries that do not have the required enforcement in Vietnam to pay a fee prescribed by the judicial assistance agreement which Vietnam has signed with the relevant countries. The level of fees, application fees, the management and use of fees are made according to the regulations of the Government.
VI-SENDING, RECEIVING 1. After getting enough requests, the attached papers and the check valid, the Ministry of Justice submitted a profile for the competent court according to the instructions in section II of this circular, at the same time send a copy of the voucher sent to the Supreme People's Court, the Supreme People's Procuratorate to know and follow.
2. All documents available in the profile must be numbered and the specific record of the votes submitted.
VII-ACCEPTING RESUMES And PREPARATION Of PETITION For REVIEW 1. After receiving the application, the Court must be on the shared acceptance immediately and notify the Procuratorate at the same level know. The Chief Justice the Court was accepting the records indicated the judge do the trial, presiding judge be appointed to preside the trial research mission profile and conduct other necessary things for the opening of the trial. In the case of a single sender requirements, foreign courts interpreted the things unknown in the profile, then the written request explain to the judge appointed by the presiding the trial.
Within a period of four months from the date of the Court accepting the records, the judge was appointed to preside the trial to one decision the provisions in points a, b, c paragraph 1 article 14 of the Ordinance. In the event that requires explanation, then the deadline was extended by two months from the date of expiry of the four months.
In case of suspension of the petition for review under the provisions of point b of article 14 paragraph 1 of the French court, command returned to the Ministry of Justice. The Ministry of Justice is responsible for identifying and transferring the record to the Court of competent jurisdiction.
2. Immediately after having decided to open the trial review petition, the Court shall send to the Procuratorate at the same level decided to open the trial and records. Minister prosecutor assigned Prosecutor records research to prepare for participation in the trial. The expiry of fifteen days from the date of the record, the Procuratorate to the court records be sent to trial is to open on time prescribed in clause 2 article 14 of the Ordinance.
3. In the case of the petition does not recognize civil judgments or decisions of the courts of foreign countries that do not have the required enforcement in Vietnam made no time specified in article 21 of the Ordinance, the Chief Justice of the Court was accepting the records review and decided the restore time. Time limits only be restored if the application proves to be justified by the objective obstacles should not be sent on time (such as severe illness, an accident must go immediately to the emergency, are a business trip far...).
VIII-CLAIM REVIEW PROCESS

1. petition for review of the trial must be conducted in accordance with the provisions of article 15 of the Ordinance and are conducted as follows:-a member of the Board of review petition to publish the petition and attached documents on the recognition and enforcement in Vietnam the judgment the decision of the foreign court civil or about non-recognition of judgments, decisions of foreign courts civil without required enforcement in Vietnam.
-The petition for review is not sent back the case that only test, against the verdict, the decision of the foreign court and the accompanying documents with the provisions of the Ordinance, the provisions of the law of Vietnam and the provisions in international treaties to which Vietnam signed or have rules on this issue.
-People are executed or legal representative of that person to be present at the trial presented their opinions.
-Join the trial Prosecutor stated opinions on the request of the applicants and other issues related to the petition for review.
-The petition to discuss and customize each case that out one of the decisions prescribed in clause 5 or clause 2 article 15 Article 23 of the Ordinance.
2. In case of delay of the trial, then slowly for thirty days from the date of adjournment, the Court to reopen the trial.
3. The petition for review must be recorded in the minutes. The minutes must be signed by the Secretary and presiding the trial.
IX-The PROVISION Of A COPY Of The DECISION And The APPEAL, The APPEAL 1. The latest is seven days, from the date of the decision, the Court for the litigants and sent to the Procuratorate at the same level a copy of the decision provided for in articles 14, 15, 23 of the French command. In the case of litigants not to be present at the trial, consider the petition, the Court shall immediately send them a copy of the decision of the Court; If litigants abroad, then a copy of the decision is sent through the Ministry of Justice.
2. Within a period of fifteen days from the date of receiving the appeal, the appeal, the Court had decided to submit the appeal, the appeal and the application for the Supreme People's Court.
3. The time limit for appeal, protest and the review of the decision being appealed, the appeal is made in accordance with the provisions of article 19 of the Ordinance. Procedure for review of decision conduct of review procedures as the petition specified in article 15 of the Ordinance and the guidelines in section VII of this circular.
X-ENSURE the ENFORCEMENT of CIVIL judgments or DECISIONS of FOREIGN COURTS under the provisions in article 6 paragraph 1 and in article 20 of the Ordinance, then the verdict, the decision of foreign courts to civil courts of Vietnam was recognized and given effect enforcement in Vietnam as the judgment the decision of the Civil Court of Vietnam has legal effect. Within a period of fifteen days from the date of the decision of the courts of the province of the central cities, recognition and enforcement in Vietnam the verdict, the decision of the Court of foreign law, the Court shall send a copy of that decision and a copy of the judgment the decision of foreign courts civil for execution of the same level.
In the case of the Supreme People's Court review of the decision being appealed, the appeal, the decision of the Supreme People's Court is the final decision. The Supreme People's Court sent a copy of the decision and a copy of the verdict, the decision of the courts of the State of the execution Room, central cities, where the Court has a decision been to appeal, protest, at the same time send a copy of the decision to the Court.
XI-EFFECT of CIRCULAR this circular is effective from the date of signing and replaced the text of the Department of Justice, the Supreme People's Court, the Supreme People's Procuratorate issued guidelines before the recognition and enforcement in Vietnam the verdict, the decision of the Court.
For the record the request for recognition and enforcement in Vietnam the verdict, the decision of foreign courts civil be accepting before this circular effect, but not yet the Court of review, the review must be conducted in accordance with the provisions of the Ordinance and the guidelines of this circular.
In the process, if something vưỡng, the authorities reported the Ministry of Justice, the Supreme People's Court, the Supreme People's Procuratorate to have guidelines.
List of countries that have signed similar accords with Vietnam justice stores, including prescribing the recognition and enforcement of judgments, civil decision 1. The German Democratic Republic (former), signed on 15-12-1980, currently the Federal Republic of Germany declared the successor treaty on the territory of the Berlin Committee and 5 in here (in Italy).
-In Brandenburg-Mecklenburg-Vorponmerm,-in Saxony-Anhalt, Saxony, Thuringen-Bang-.
2. Soviet Union (former), signed on 12 October 1982, nowadays Russia is the only country to declare inheritance agreement.
3. The Republic of Cuba, signed on 30 November 1994.
4. the Socialist Republic of Czechoslovakia (old), signed on 12 October 1982, the Treaty currently in force on the territory of two Sec and Slôvac.
5. Hungarian Republic Paris, signed on 18 January 1985.
6. The Republic of Bulgaria-ga-ri, signed on 3 October 1986.
7. The Republic of Poland, signed in 1992.
List of countries that have signed with Vietnam about free of consular legalization for the papers, documents (according to the aforesaid TTTP agreement) 1. The German Democratic Republic (former), now the Berlin and 5 in (as above).
2. Russia.
3. Cuba.
4. The Czech Republic and Slôvac.
5. Hungarian-ri.
6. Bun-ga-ri.
7. Poland.