How to Enforce a Foreign Court Judgment in Vietnam

Introduction: The Challenge of Cross-Border Judgment Enforcement

Obtaining a favorable court judgment is only half the battle in international commercial disputes. If the judgment debtor's assets are located in Vietnam, the judgment creditor faces the critical challenge of having that foreign judgment recognized and enforced by Vietnamese courts. This process is governed by specific legal requirements and procedures that, if not properly followed, can result in the judgment going unenforced.

In our practice advising international clients on cross-border enforcement matters, we have seen cases where significant foreign judgments were rendered effectively meaningless because the enforcement strategy in Vietnam was not properly planned from the outset. Conversely, we have successfully guided clients through the recognition process and secured enforcement of foreign judgments against assets in Vietnam.

This guide provides a detailed overview of the legal framework, procedural requirements, and practical considerations for enforcing a foreign court judgment in Vietnam.

Legal Framework for Foreign Judgment Recognition

The recognition and enforcement of foreign court judgments in Vietnam is governed by Part Seven of the Code of Civil Procedure 2015 (Law No. 92/2015/QH13), specifically Articles 423-443. This framework establishes the conditions under which Vietnamese courts will recognize and enforce civil judgments issued by foreign courts.

The Fundamental Principle: Treaty Requirement

Unlike the New York Convention framework for arbitral awards, there is no multilateral treaty to which Vietnam is a party that provides for automatic recognition of foreign court judgments. Instead, Vietnamese courts will recognize and enforce a foreign court judgment only if:

A bilateral judicial assistance treaty exists between Vietnam and the country whose court issued the judgment, and that treaty provides for mutual recognition of judgments; OR

The principle of reciprocity applies — meaning that the foreign country has previously recognized and enforced a Vietnamese court judgment, and Vietnam may extend the same treatment in return.

This treaty-based framework is the most significant limitation on foreign judgment enforcement in Vietnam and fundamentally different from the more liberal approach to foreign arbitral awards under the New York Convention.

Vietnam's Bilateral Judicial Assistance Treaties

Vietnam has entered into bilateral judicial assistance treaties with a number of countries. As of 2026, these include:

Russia (formerly USSR, treaty of 1981, supplemented in 1998)China (treaty of 1998)France (treaty of 1999)Laos (treaty of 1998)Mongolia (treaty of 2000)Belarus (treaty of 2000)Poland (treaty of 1993)Czech Republic (treaty of 1982, succeeded from Czechoslovakia)Hungary (treaty of 1985)Bulgaria (treaty of 1986)Cuba (treaty of 1984)North Korea (treaty of 1988)Ukraine (treaty of 2000)Kazakhstan (treaty of 2011)Cambodia (treaty of 2013)Algeria (treaty of 2010)

Notably absent from this list are many of Vietnam's major trading partners, including the United States, United Kingdom, Japan, South Korea, Australia, Germany (separately from EU arrangements), and most ASEAN countries. For judgments from these countries, the reciprocity principle is the only potential basis for recognition — and in practice, reciprocity has rarely been successfully invoked in Vietnam.

This reality underscores why arbitration is strongly preferred over litigation for cross-border disputes involving Vietnamese parties or assets. Foreign arbitral awards benefit from the New York Convention's broad enforcement framework, while foreign court judgments face the much more restrictive treaty-based system.

The Recognition Procedure: Step by Step

Step 1: Determining Eligibility

Before initiating the recognition procedure, confirm that:

The judgment is a final and binding civil or commercial judgment (criminal judgments, tax assessments, and administrative decisions are not covered)The judgment is enforceable in the country where it was issuedThere is a bilateral treaty between Vietnam and the issuing country, or a basis for claiming reciprocityThe judgment has not already been enforced through other means in VietnamThe time limit for requesting recognition has not expired

Step 2: Preparing the Application

The application for recognition and enforcement is filed by the judgment creditor (or their authorized representative) with the competent Vietnamese court. Required documents include:

Application for recognition and enforcement: Setting out the details of the judgment, the basis for recognition (treaty or reciprocity), and the assets in Vietnam against which enforcement is soughtOriginal or certified copy of the foreign judgment: With certification that the judgment is final and enforceableCertification from the foreign court that the judgment debtor was properly summoned and had the opportunity to present their case (if the judgment was rendered in default)Vietnamese translations of all documents, certified by a competent authorityLegalization of all foreign documents (apostille or consular legalization)

All documents must be in Vietnamese or accompanied by certified Vietnamese translations.

Step 3: Filing and Jurisdiction

The application is filed with the provincial People's Court that has jurisdiction based on:

The place of residence or headquarters of the judgment debtor in Vietnam; orThe location of assets of the judgment debtor in Vietnam

If neither the debtor's residence nor assets can be determined, the competent court is the People's Court of Hanoi or Ho Chi Minh City.

Step 4: Court Review

The Vietnamese court reviews the application to determine whether the conditions for recognition are met. Importantly, the court does not review the merits of the underlying dispute. The review is limited to procedural and jurisdictional matters.

The court must form a panel of three judges to consider the application. The panel holds a hearing (which is not a full trial) at which the applicant and the judgment debtor may present arguments.

The court will recognize and enforce the foreign judgment unless one or more grounds for refusal exist.

Step 5: Grounds for Refusal

The court may refuse recognition and enforcement if:

The judgment is not yet final or enforceable under the law of the issuing countryThe judgment debtor was not properly summoned or was denied the opportunity to present their caseThe Vietnamese courts have exclusive jurisdiction over the dispute under Vietnamese lawThere is a prior Vietnamese judgment on the same dispute between the same parties, or a Vietnamese court is already hearing the caseThe time limit for requesting recognition has expiredThe judgment is contrary to the fundamental principles of Vietnamese law (public policy exception)

The public policy exception is broadly worded and provides the court with discretion to refuse recognition on grounds that are not always predictable. In practice, this ground has been invoked in cases involving judgments that would violate Vietnamese sovereignty, mandatory rules, or social morals.

Step 6: Timeline

Under the Code of Civil Procedure, the court must accept or refuse the application within 5 working days of receipt. Once accepted, the court must hold a hearing within 4 months (extendable by 2 months in exceptional circumstances). The entire process from filing to decision typically takes 6-12 months in practice.

Step 7: Appeal

Either party may appeal the court's decision to the immediate higher court within 15 days of the decision date. The appeal court reviews the case and issues a final decision.

Step 8: Enforcement

Once the foreign judgment is recognized by a Vietnamese court, it is treated as a Vietnamese judgment for enforcement purposes. The judgment creditor can then initiate enforcement proceedings through the civil judgment enforcement system (governed by the Law on Civil Judgment Enforcement 2008, as amended).

Enforcement measures available include:

Seizure and sale of the debtor's assetsFreezing of bank accountsGarnishment of debtor's receivablesMandatory transfer of propertyRestrictions on the debtor's travel and transactions

The Reciprocity Principle: Theory vs. Practice

For foreign judgments from countries without a bilateral treaty with Vietnam, the reciprocity principle is theoretically available as a basis for recognition. Under this principle, a Vietnamese court may recognize a foreign judgment if the foreign country has demonstrated that it would recognize and enforce Vietnamese judgments.

In practice, however, the reciprocity principle has been extremely difficult to invoke in Vietnam. The burden of proving reciprocity falls on the applicant, who must demonstrate that:

The foreign country has previously recognized and enforced a Vietnamese court judgment; orThe foreign country's law provides a clear legal basis for recognizing Vietnamese judgments

Vietnamese courts have been reluctant to accept reciprocity arguments, and there are very few reported cases of successful recognition based on reciprocity alone. This reality significantly limits the practical utility of the reciprocity principle.

Practical Challenges and Strategies

Challenge 1: Identifying and Locating Assets

Before initiating the recognition procedure, the judgment creditor should conduct a thorough asset investigation to identify the debtor's assets in Vietnam. This may include:

Real property (land use rights, buildings)Bank accountsShares in Vietnamese companiesEquipment, inventory, and other tangible assetsReceivables from Vietnamese counterparties

Asset investigation in Vietnam can be challenging due to limited public registries and privacy protections. Professional investigation services and legal assistance are typically required.

Challenge 2: Asset Dissipation Risk

There is a risk that the judgment debtor may attempt to dissipate or conceal assets during the recognition process. To mitigate this risk, the applicant may request interim measures from the Vietnamese court, including asset freezes and prohibitions on property transfers. These requests can be made at the time of filing the recognition application.

Challenge 3: The Public Policy Defense

The public policy exception is the most unpredictable ground for refusal. While Vietnamese courts generally apply this exception narrowly, the breadth of the "fundamental principles of Vietnamese law" standard creates uncertainty. Strategies to mitigate this risk include:

Ensuring that the foreign judgment does not impose obligations that would violate Vietnamese mandatory rulesPresenting evidence that the judgment's enforcement would not harm Vietnamese public interestsDistinguishing your case from precedents where public policy objections were sustained

Challenge 4: Translation and Document Requirements

The documentation requirements for recognition applications are stringent. All foreign documents must be properly legalized and translated, and any deficiency can result in delays or rejection. We recommend engaging experienced legal counsel to prepare the application and ensure compliance with all procedural requirements.

Alternatives to Foreign Judgment Enforcement

Given the challenges of enforcing foreign court judgments in Vietnam, parties should consider alternative strategies:

Arbitration

As discussed in our analysis of litigation vs. arbitration in Vietnam, foreign arbitral awards are significantly easier to enforce in Vietnam than foreign court judgments, thanks to the New York Convention. If enforcement in Vietnam is a foreseeable possibility, structuring the dispute resolution clause to provide for arbitration rather than litigation is strongly advisable.

Negotiated Settlement

In some cases, the threat of enforcement proceedings — combined with the practical difficulties for the debtor of having assets frozen or seized — can motivate the debtor to negotiate a settlement. A settlement agreement reached in Vietnam can be notarized and enforced directly, avoiding the recognition procedure entirely.

Filing a Fresh Lawsuit in Vietnam

If recognition of the foreign judgment is not feasible, the judgment creditor may consider filing a new lawsuit in Vietnam based on the underlying cause of action. While this means re-litigating the dispute, it produces a Vietnamese judgment that is directly enforceable without the need for recognition. However, this strategy requires that the Vietnamese courts have jurisdiction over the dispute and that the statute of limitations has not expired.

Enforcement in Other Jurisdictions

If the judgment debtor has assets in countries where the foreign judgment can be more easily enforced, pursuing enforcement in those jurisdictions may be more practical than seeking recognition in Vietnam.

Planning Ahead: Enforcement Considerations at the Contract Stage

The most effective time to address enforcement issues is before a dispute arises, when the parties are negotiating their contract. Key contract provisions that can facilitate enforcement include:

Arbitration clauses: As noted above, arbitral awards are far easier to enforce in Vietnam than court judgments.Governing law provisions: Clear choice-of-law clauses reduce the risk of disputes about applicable law during enforcement.Consent to jurisdiction: Express consent to the jurisdiction of a particular court or arbitral institution can reduce jurisdictional challenges.Waiver of sovereign immunity: For transactions involving state-owned enterprises, obtaining a waiver of sovereign immunity in the contract can be important for enforcement.Security provisions: Obtaining security (bank guarantees, letters of credit, pledges of assets) at the contract stage provides a direct enforcement mechanism that avoids the judgment recognition process entirely.

Conclusion: Expert Guidance for Cross-Border Enforcement

Enforcing a foreign court judgment in Vietnam is a complex process that requires careful planning, thorough preparation, and experienced legal representation. The treaty-based framework significantly limits the types of judgments that can be recognized, and the procedural requirements are demanding.

For international clients with existing foreign judgments to enforce in Vietnam, or for those planning transactions where enforcement in Vietnam may become necessary, early legal advice is essential.

At Apolo Lawyers, Attorney Vo Thien Hien and our cross-border dispute resolution team have extensive experience with the recognition and enforcement of foreign judgments and arbitral awards in Vietnam. We provide practical, results-oriented advice to help our clients navigate this challenging area of law.