Enforcing Foreign Arbitral Awards Through Vietnamese Courts

Winning an arbitration in Singapore, Hong Kong or London is only half the job when the losing party's money, factories or shares are in Vietnam. A foreign arbitral award has no force in Vietnam until a Vietnamese court has recognised it and allowed its enforcement. This guide explains how that procedure works today, what the court will and will not look at, and the practical points that decide whether an award turns into money.

The legal basis

Vietnam acceded to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards in 1995. It made the usual reservations: it applies the Convention to awards made in the territory of another Contracting State (and to awards from non-member states only on the basis of reciprocity), and only to disputes arising from relationships considered commercial under Vietnamese law. Domestically, the procedure is set out in Chapter XXXVII of the Civil Procedure Code 2015 (Articles 451 to 463), as amended in 2025, and in the Law on Commercial Arbitration 2010 for related questions such as arbitrability.

Two points follow from the Convention. First, an award from a member state is presumed enforceable: the court does not ask the applicant to prove that the award is right, and the respondent carries the burden of proving a ground for refusal. Second, the grounds for refusal are closed — the court may refuse only on the grounds listed in the Code, which mirror Article V of the Convention.

Which court, and when to file

Since 1 July 2025 Vietnam has a three-tier court system — the Supreme People's Court, 34 provincial People's Courts and 355 regional People's Courts — after Law No. 81/2025/QH15 abolished the former high courts and district courts. Under the 2025 amendments to the Civil Procedure Code, first-instance applications for recognition and enforcement of foreign arbitral awards are handled by the regional People's Court with territorial jurisdiction: where the award debtor resides or works (for an individual), where it has its head office (for an organisation), or where its assets relating to enforcement are located. Because the reorganisation is recent, confirm the exact receiving court before filing. Applications to set aside domestic awards are a different matter and go to the Economic Courts of the People's Courts of Hanoi, Da Nang and Ho Chi Minh City.

The application must be filed within three years from the date the award takes legal effect (Article 451). Time lost to force majeure or objective obstacles is not counted, but the applicant must prove them. In practice, creditors often lose time negotiating after the award is issued; diarise the deadline from day one. The application can be filed directly with the court or, where a treaty so provides, through the Ministry of Justice.

The application file

The application is a written request in Vietnamese, accompanied by the original or a certified copy of the award and the original or a certified copy of the arbitration agreement, together with Vietnamese translations. The translations must be notarised or certified under Vietnamese law. Since 11 September 2026, when the Apostille Convention entered into force for Vietnam, a certified copy issued by a public authority of a member state only needs an apostille instead of consular legalisation — except for documents from Germany, Austria and the Czech Republic, which objected to Vietnam's accession and still require legalisation. Documents that are not "public documents" (for example a copy certified only by the tribunal secretary without official certification) still have to be authenticated in the traditional way, so check the form of every document before it leaves the seat.

The application should also identify the debtor precisely — its Vietnamese registered name, enterprise code and address — and, where known, its assets in Vietnam. A court fee of VND 3,000,000 applies under Resolution No. 326/2016/UBTVQH14.

How the court proceeds

After accepting the application, the court notifies the debtor and the procuracy and has a statutory period to prepare the case, which can be extended where it must ask the applicant or a foreign authority for clarification. The application is then heard at a session before a panel of three judges, with a procurator participating. The parties may attend and make submissions; their absence without a valid reason does not stop the hearing.

Crucially, the court does not retry the dispute. It checks the award and the arbitration agreement against the refusal grounds and nothing more. The decision to recognise (or refuse) may be appealed or protested within the statutory time limit — 15 days for the parties — to the provincial court, and the decision becomes enforceable once the appeal period expires or the appeal is resolved.

Grounds for refusal

Under Article 459, the court refuses recognition if the debtor proves that:

• a party to the arbitration agreement lacked capacity, or the agreement is invalid under the law chosen by the parties or, failing that, the law of the place where the award was made;
• the debtor was not properly notified of the appointment of the arbitrator or of the proceedings, or could not present its case for other valid reasons;
• the award deals with a dispute outside the scope of the arbitration agreement (the part within scope may be recognised if it can be separated);
• the composition of the tribunal or the procedure did not follow the parties' agreement or, failing that, the law of the seat;
• the award is not yet binding, or has been set aside or suspended by a competent authority of the seat.

The court will also refuse, on its own motion, if the dispute cannot be settled by arbitration under Vietnamese law, or if recognition would be contrary to the fundamental principles of Vietnamese law. That last ground is where most contested cases are fought. Vietnamese courts have in the past read it broadly — for example where the underlying contract was found to breach mandatory rules on foreign currency use or licensing — although the Supreme People's Court has repeatedly reminded lower courts that it must not be used to review the merits.

Practical points that decide the outcome

Service of the arbitration. The most common factual challenge is improper notice. Keep proof that the Vietnamese respondent actually received the notice of arbitration, the constitution of the tribunal and the hearing notices at its registered address, in a language it could understand, or that it was served in the way its contract specified. Courier receipts signed by a named employee are far more persuasive than e-mail logs alone.

Signature and authority. Respondents often argue that the person who signed the contract containing the arbitration clause lacked authority. Check the charter, the legal representative registered on the enterprise registration certificate, and any power of attorney before the dispute arises, and keep those documents in the file.

Mandatory Vietnamese rules. Before arbitrating, ask whether the contract itself could be attacked under Vietnamese mandatory law — foreign currency pricing between residents, missing sector licences, land rules. An award built on a contract that Vietnamese law treats as void is the classic candidate for refusal on public policy grounds.

Assets. Recognition alone does not freeze anything. The creditor should map the debtor's bank accounts, receivables, real estate and shareholdings early, and consider asking the court for interim measures where the law allows, because a debtor that sees recognition coming may move assets.

From recognition to money: enforcement

Once the recognition decision takes effect, the award is enforced like a Vietnamese judgment by the civil judgment enforcement system. From 1 July 2026 this is governed by the Law on Civil Judgment Enforcement No. 106/2025/QH15. The creditor files a request for enforcement with the competent civil judgment enforcement agency (or, where permitted, a private enforcement office); the limitation period for requesting enforcement is five years from the date the decision takes effect. The enforcement officer can verify assets, block accounts, seize and auction property. Expect the debtor to use every procedural step to delay, and keep pressure on with complete, accurate information about its assets.

Quick Q&A

Is a foreign arbitral award automatically enforceable in Vietnam?

No. It must first be recognised by a Vietnamese court under Chapter XXXVII of the Civil Procedure Code. Only the recognition decision makes the award enforceable through the civil judgment enforcement system.

How long do I have to apply for recognition?

Three years from the date the award takes legal effect (Article 451 of the Civil Procedure Code). Periods of force majeure or objective obstacles are excluded if you can prove them.

Will the Vietnamese court re-examine the merits of the dispute?

No. The court only checks the award against the refusal grounds in Article 459, which mirror Article V of the New York Convention. In practice the public policy ground is the one most often argued.

Do the award and arbitration agreement need consular legalisation?

Since 11 September 2026, public documents from Apostille Convention member states only need an apostille, except documents from Germany, Austria and the Czech Republic. Vietnamese translations, notarised or certified, are still required.