Judgments Enforcement
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Enforcing Foreign Arbitral Awards in Vietnam (Updated Version)
- 20 October 2023
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- by Stephen Le
Navigating international disputes? In the ever-expanding global business landscape, international arbitration has become a popular choice for resolving cross-border disputes. It offers a neutral platform for parties to settle their differences and seek a fair resolution. However, even when a foreign arbitral award is granted, its enforcement can face challenges. Discover the crucial factors that influence the recognition of foreign arbitral awards in Vietnam.
Recognition And Enforcement Of Foreign Judgments
- 10 June 2023
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- by Vu Nguyen
1. Legal and judicial framework 1.1 Which legislative and regulatory provisions govern the recognition and enforcement of foreign judgments in your jurisdiction? In order to recognise and enforce a foreign judgment or decision in the Vietnamese territory, the foreign judgment or decision must be of a kind that is recognised and permitted to be enforced by a Vietnamese court. This procedure is intended to resolve jurisdictional conflicts and ensure respect for each country’s jurisdiction. The overall...
Notes Regarding Judgment Enforcement Agreement
- 26 January 2022
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- by Stephen Le
Agreement is the civil right of citizens in civil transaction, which is recognized and protected by law. Accordingly, the 2015 Civil Code (Civil Code) stipulates the principle of respecting the discretion right of parties in civil relations. The Law on Enforcement of Civil Judgments, which was amended and supplemented in 2014 also recognized the right of parties to reach agreement during the judgment enforcement. Implemented from May 1, 2020, Decree No. 33/2020 dated March 17, 2020...
Seizing, Handling of Asset & The Right to Initiate a Lawsuit
- 19 January 2022
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- by Stephen Le
The enforcement procedure in general and civil judgment enforcement in particular which take less attention, but it plays a very important role in a dispute. If the judgment debtor has conditions but does not voluntarily enforce the judgment, at this time the judgment enforcement agency has the right to enforce the judgment. Seizing, handling of asset of judgment debtor is one of the grounds for coercive the judgment enforcement according to Article 71.3 of 2008 Law...
Business and Commercial Judgment Enforcement – Challenges and Solutions
- 04 October 2021
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- by Stephen Le
With the astoundingly rapid development of the market economy in Vietnam, disputes in commercial transactions are inevitable. Assuming your side has a strong case, you can often expect a favorable judgment after the court or arbitrator decides the case. Nevertheless, it is well-known that the resolution of commercial disputes often entails a significant investment in time and money for any business. In addition, contrary to common thinking, obtaining a favorable verdict or award in a lawsuit...
Enforcement of Foreign Courts’ Judgements and Arbitral Awards in Vietnam
- 29 August 2021
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- by Stephen Le
Vietnam’s Code of Civil Procedure (CCP) provides that before any judgement, decision or foreign arbitral award of a foreign court or arbitration center (foreign court judgements or arbitral awards) to take effect in Vietnam, it is required to be approved by the Vietnamese Court and must be recognized and enforceable under the laws of Vietnam. However, not all foreign court judgements or arbitral awards of said description will be accepted and considered by the Courts in...
Judgement Enforcement in Vietnam
- 12 May 2020
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- by Stephen Le
Obtaining a court judgement or arbitral award is only the initial step in realizing compensation from the judicial process. In truth, the judgement or award is worthless if you cannot achieve the ultimate goal, which is to actually have the balance credited to your bank account. Whether or not the court judgement or arbitral award can be enforced will determine the real winner of the lawsuit. The Booklet of ‘Judgement Enforcement in Vietnam’ will help you...
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