ĐIỀU KIỆN, HỒ SƠ VÀ TRÌNH TỰ CÔNG NHẬN, CHO THI HÀNH BẢN ÁN LY HÔN CỦA TÒA ÁN NƯỚC NGOÀI TẠI VIỆT NA

In marital relationships involving foreign elements, it is common that spouses have divorced abroad and subsequently one or both parties return to live, work, or own assets in Viet Nam. In such cases, for the divorce judgment of foreign court to be recognized and to have legal effect in Viet Nam - for example, for the purpose of recording the divorce, registering a new marriage or enforcing maintenance obligations or asset division - it is mandatory to carry out the procedure for requesting a Vietnamese Court to recognize and enforce that judgment in accordance with the provisions of Vietnamese civil procedure law.

1. Conditions for the recognition of a Foreign Court’s divorce judgment

According to Articles 423, 424, 425, 438, and 439 of the Civil Procedure Code 2015, a divorce judgment of a foreign Court shall be considered for recognition in Viet Nam when it fully satisfies the following conditions:

Firstly, the judgment or decision must have legal effect under the law of the country where it was issued. If the judgment is within the time limit for appeal, or has not yet taken legal effect, it does not meet the conditions for recognition.

Secondly, recognition is granted either on the basis of an international treaty on mutual legal assistance between Viet Nam and the country that rendered the judgment, or on the basis of principle of reciprocity in accordance with Vietnamese law.

Thirdly, the judgment does not fall under the cases where recognition is refused, including but not limited to the following cases: serious violation of the fundamental principles of Vietnamese law; the defendant was not properly summoned; the case falls within the exclusive jurisdiction of a Vietnamese court; or a legally effective judgment or decision of a Vietnamese court has already taken legal effect on the same matter.

Fourthly, where a request is made for "enforcement" of an obligation (such as maintenance payment, division of property), the judgment debtor must be residing or working in Viet Nam, or have assets located in Viet Nam.

Only when all of the above conditions are fully satisfied may a Vietnamese court have grounds to consider issuing a decision on recognition and enforcement.

2. Statute of limitations 

Pursuant to Article 432 of the Civil Procedure Code 2015, the statute of limitations for requesting recognition and enforcement of a civil judgment or decision of a foreign court is three (03) years from the day on which the civil judgment or decision of a foreign Court takes legal effect.

In case that force majeure or objective obstacles prevent the entitled person from filing the request within the prescribed period, such time shall not be counted toward the statute of limitations.

Determination of the limitation period is decisive, because if the statute of limitations has expired without valid grounds, the court may refuse to accept the application.

3. Required dossier

According to the provisions of Article 434 of the Civil Procedure Code 2015, the dossier of request for recognition and enforcement of foreign Court’s divorce judgment shall include:

• Applications for recognition and enforcement civil judgment or decision of a foreign Court;
• Originals or certified true copies of the judgment/decision issued by the foreign Court; 
• Documents certifying that such judgment/decision has taken legal effect, except where these details have not already been clearly stated in the judgment/decision; 
• Documents proving the lawful summoning of an absent party during the course of proceedings abroad (if any);
• A Vietnamese translation of the above documents, authenticated in accordance with Vietnamese law;
• Documents evidencing that the documents have been consular legalized, unless exempted under an international treaty to which Viet Nam is a signatory.

In practice, many applications are delayed due to the lack of confirmation regarding the enforceability of judgments or failure to complete the proper legalization of documents by consular authorities. Therefore, thorough and accurate preparation of the dossier from the outset is of critical importance. 

4. Procedures for resolution

The sequence for resolving a request for recognition and enforcement of a foreign court judgment shall be carried out in accordance with Articles 432 to 451 of the Civil Procedure Code 2015, with the following basic steps:

The requesting party shall file the application to the Ministry of Justice or the competent court as prescribed by law.

Within 05 working days from the date of receipt of a complete and valid dossier, the Ministry of Justice shall be responsible for transferring the dossier to the competent court for consideration and resolution.

Within 05 working days from the date of receipt of the dossier, the court shall consider the acceptance of the case; if the conditions are met, the court shall issue a notice of case acceptance and send it to the relevant parties, including the requesting party, the judgment debtor (if any), the competent People's Procuracy, and the Ministry of Justice.

Within 04 months from the date of case acceptance (which may be extended in complex cases but not exceeding 02 months), the court shall issue one of the following decisions: to suspend, to dismiss the consideration of the request, or to open a hearing to consider the request.

The court shall convene a hearing to consider the request, with the participation of a Procuracy representative and shall issue a decision to recognize and enforce, or to refuse recognition of the foreign Court’s judgment.

Within 15 days from the date of issuance of the decision, the involved parties have the right to file an appeal; the People's Procuracy has the right to file a protest under the appellate procedure as prescribed by law.

The recognition and enforcement of a foreign divorce judgment in Viet Nam is a mandatory international judicial procedure for such judgment to have legal effect within the Vietnamese legal system. The foreign judgment shall be recognized only when it has taken legal effect, has a legal basis under an international treaty or the reciprocity principle, does not fall under any ground for refusal, and fully satisfies the prescribed conditions. 

Therefore, strict compliance with regulations on time limits, dossiers, consular legalization, and procedural sequence is a key factor determining the likelihood of acceptance by the court. For cases involving substantial assets, cross-border maintenance obligations, or complex legal circumstances, seeking professional advice is necessary to fully safeguard the lawful rights and interests of the parties.