In the context of international integration, the need for legal cooperation between countries through the recognition and enforcement of civil judgments and decisions of foreign courts in Vietnam has become more frequent and practical than ever. However, alongside the expansion of cooperation, Vietnamese law still strictly protects national judicial sovereignty, which is clearly reflected in the provisions on the exclusive jurisdiction of Vietnamese courts, especially in disputes related to real estate located in the territory of Vietnam.

A typical example is Decision No. 258/2025/QDST-DS dated May 28, 2025 of the People’s Court of Ho Chi Minh City. In this case, the Court refused to recognize Decision No. HC/OA 1279/2023 of the Singapore High Court, which identified two Singaporean citizens as co-heirs of an apartment in The Vista project in Ho Chi Minh City under the will of Mr. Tan Gin Mong. The reason given was that this judgment directly concerned real estate in Vietnam, which falls under the exclusive jurisdiction of Vietnamese courts according to the 2015 Civil Procedure Code. This article will analyze the legal basis, principles of application, conditions for recognition and enforcement of foreign judgments, and at the same time draw important practical notes for parties when making similar requests.

1. The judgment

1.1 Summary of the judgment

Decision No. 258/2025/QDST-DS dated May 28, 2025 of the People’s Court of Ho Chi Minh City revolved around the request to recognize and enforce in Vietnam Decision No. HC/OA 1279/2023 dated January 24, 2024 of the Singapore High Court. The applicants were Ms. Chua Geok Choo, born in 1963, Singaporean nationality, and Ms. Tan Yin Ton (Chen Ying Tong), born in 1996, Singaporean nationality. They requested the Vietnamese Court to recognize the judgment of the Singapore Court that identified them as co-heirs of an apartment in The Vista project, Ho Chi Minh City, under the will of the late Mr. Tan Gin Mong.

The applicants wanted the Vietnamese Court to recognize the judgment so that Company C1 Limited Liability Company, formerly C1 Joint Venture Company, would carry out the procedure of transferring inheritance rights to them. Company C1 argued that forcing the company to directly carry out the inheritance transfer procedure under the Singapore judgment had no legal basis because rights and obligations arising from the long-term lease contract must be resolved under Vietnamese law. The representative of the People’s Procuracy of Ho Chi Minh City also stated that the case involved rights to real estate located in Vietnam, which falls under the exclusive jurisdiction of Vietnamese courts according to Article 470 of the 2015 Civil Procedure Code.

The Trial Panel held that although the recognition of civil judgments and decisions of foreign courts is an important legal mechanism to ensure respect for international judicial decisions, in this case the content of the judgment directly related to real estate in Vietnam. This is an area where Vietnamese law clearly stipulates the exclusive jurisdiction of domestic courts. Therefore, the recognition and enforcement in Vietnam of Decision No. HC/OA 1279/2023 of the Singapore High Court had no legal basis.

The People’s Court of Ho Chi Minh City decided not to accept the request of Ms. Chua Geok Choo and Ms. Tan Yin Ton. The applicants had to pay three million VND in civil case fees, deducted from the advance already paid. The parties had the right to appeal within fifteen days from the date the decision was duly served.

This decision is an important practical demonstration that the recognition and enforcement of civil judgments and decisions of foreign courts in Vietnam is only accepted when the content does not conflict with the fundamental principles of Vietnamese law and does not fall under the exclusive jurisdiction of Vietnamese courts. Particularly in cases related to real estate located in Vietnam, Vietnamese courts retain supreme authority to ensure national sovereignty, uniformity in land and property management, and protection of the legitimate rights of the parties in accordance with the law.

1.2 Reason for refusal

Decision No. 258/2025/QDST-DS stated:

• The Singapore judgment had legal effect in Singapore, but considering the subject matter of the dispute was rights to real estate (The Vista apartment), recognizing this judgment would infringe upon the exclusive jurisdiction of Vietnamese courts.
• Recognition of a foreign judgment concerning real estate in Vietnam could lead to complex legal consequences with coercive effect on Vietnamese territory, infringing upon national public interests.
• Clause 4 of Article 439 and Article 470 of the 2015 Civil Procedure Code were mandatory legal grounds requiring Vietnamese courts to reject recognition in such cases.
• The settlement of inheritance of real estate in Vietnam, specifically the division of ownership and use rights of the apartment, must be established through inheritance proceedings, determination of estate and heirs at Vietnamese courts in accordance with procedures for civil cases involving foreign elements.

2. Legal basis for recognition and enforcement of civil judgments and decisions of foreign Courts in Vietnam

2.1 Provisions of Vietnamese Law

Under Vietnamese law, the procedure for recognition and enforcement in Vietnam of civil judgments and decisions of foreign courts is mainly regulated in the 2015 Civil Procedure Code. This is an important legal framework that ensures the rights of parties in international civil relations and helps avoid the situation of double adjudication of the same case in different countries.

According to the 2015 Civil Procedure Code, a civil judgment or decision of a foreign court can only be enforced in Vietnam after it has been recognized and permitted for enforcement by a Vietnamese court. The key legal bases include:

• The 2015 Civil Procedure Code (from Article 423 to Article 439), which stipulates the types of judgments and decisions that may be recognized, the conditions, procedures, jurisdiction, and grounds for refusal.
• Resolutions of the Council of Judges of the Supreme People’s Court, which provide guidance and clarification on the procedure for recognition of foreign judgments and address practical difficulties.
• In addition, the Law on Civil Judgment Enforcement, inter-ministerial circulars on judicial assistance, and regulations on civil status registration and residence management are also relevant.

2.2 International treaties and the principle of reciprocity

In addition to domestic law, the recognition and enforcement of a civil judgment or decision of a foreign court in Vietnam also depends on:

International treaties to which Vietnam is a party, such as the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards in the field of international commercial arbitration, and bilateral treaties on mutual legal assistance with certain countries regarding recognition of civil judgments and decisions.

If there is no applicable international treaty, the principle of reciprocity is applied in accordance with Clause 1, Article 423 of the 2015 Civil Procedure Code.

The recognition and enforcement of foreign judgments affirms equality among nations, promotes international legal cooperation, and ensures that foreign judgments are given legal effect in Vietnam, based on respect for national sovereignty and Vietnam’s policy of international integration.

3. Principles of application in the recognition and enforcement of judgments and decisions of foreign Courts

3.1 Principle of national sovereignty and protection of public interests

Judgments and decisions of foreign courts only have legal effect within the territory of the issuing country and do not automatically take effect in another country. To ensure the judicial independence of each nation, the principle of national sovereignty and the protection of national interests, security, and public order is a mandatory criterion throughout the recognition process.

This is also the reason why Vietnamese law provides grounds for refusing recognition of foreign judgments and decisions when they are contrary to the fundamental principles of Vietnamese law or affect sovereignty, security, independence, and territorial integrity.

3.2 Principle of non re examination of the case

When considering an application for recognition and enforcement of a foreign judgment, Vietnamese courts only examine the form, conditions, procedures, and jurisdiction. They do not reexamine the substance of the dispute already resolved by the foreign court, nor do they amend, modify, or supplement the content of that judgment. This principle ensures respect for the outcome of foreign judicial decisions and avoids the situation of re-litigation in international civil matters.

3.3 Principle of applying international treaties, national law, and reciprocity

If Vietnam and the country issuing the judgment are both parties to an international treaty, the Vietnamese court may apply the provisions of that treaty to consider the request for recognition and enforcement. If the treaty provisions differ from domestic law, the treaty prevails in accordance with the 2016 Law on International Treaties and Article 464 of the 2015 Civil Procedure Code.

If there is no applicable treaty, the principle of reciprocity may be applied. This principle ensures fairness and equality in international legal cooperation and creates a basis for Vietnamese civil judgments to be recognized and enforced abroad.

3.4 Principle of exclusive jurisdiction

Civil cases related to real estate located in Vietnam fall under the exclusive jurisdiction of Vietnamese courts. Any foreign judgment or decision resolving disputes over rights to real estate in Vietnam will not be recognized or enforced in Vietnam.

4. Conditions for recognition and enforcement of judgments and decisions of foreign Courts in Vietnam

4.1 Types of judgments and decisions considered for recognition

The 2015 Civil Procedure Code provides three groups of foreign civil judgments and decisions that may be considered for recognition and enforcement in Vietnam:

• Group 1: Civil judgments and decisions issued by foreign courts in the fields of civil, family, business, commercial, labor, and decisions on property in criminal or administrative judgments, as provided in international treaties to which Vietnam is a party.
• Group 2: Civil judgments and decisions in the above fields where Vietnam and the issuing country are not both parties to an international treaty, but recognition is based on the principle of reciprocity, except for matters falling under the exclusive jurisdiction of Vietnam.
• Group 3: Other civil judgments and decisions as provided by Vietnamese law.

4.2 Conditions for recognition 

For a foreign civil judgment or decision to be recognized in Vietnam, it must meet four groups of conditions:

• It must satisfy requirements regarding the parties and subject matter, such as the party obliged to perform or the party entitled to performance having assets or residence in Vietnam at the time of the request.
• The judgment or decision must have taken legal effect in the issuing country.
• The application must meet documentary requirements, including the request form, the original or certified copy of the judgment or decision, confirmation of its legal effect, confirmation of service of process, and confirmation of proper summons if the judgment was rendered in absentia.
• The judgment or decision must not fall under the cases excluded by the Civil Procedure Code or applicable international treaties.

4.3 Grounds for refusal of recognition

Article 439 of the 2015 Civil Procedure Code specifies eight grounds for refusal:

• The judgment or decision has not taken legal effect or has been amended or annulled by a competent foreign authority.
• The party obliged to perform or their legal representative was absent due to improper service of process.
• The foreign court lacked jurisdiction under Vietnamese law, including cases falling under the exclusive jurisdiction of Vietnamese courts such as disputes over real estate in Vietnam.
• The case has already been resolved or is being resolved by a Vietnamese court.
• The time limit for filing the request has expired.
• Recognition and enforcement would be contrary to the fundamental principles of Vietnamese law.
• The applicable international treaty prohibits recognition.
• Other reasons provided by law or relevant treaties.

5. Procedures for requesting recognition and enforcement of Judgments and Decisions of Foreign Courts

5.1 Application and filing

The entitled party must submit an application for recognition and enforcement of the foreign judgment or decision in Vietnam. The application must include:

• The request form.
• The original or certified copy of the foreign judgment or decision.
• A document confirming that the judgment or decision has taken legal effect and requires enforcement in Vietnam.
• Confirmation of proper service of process on the party obliged to perform.
• Confirmation of proper summons if the judgment was rendered in absentia.
• Other documents required by the case or applicable treaties.
• A certified Vietnamese translation of all documents.

5.2 Receipt and processing of the application

• The application is submitted directly to the provincial People’s Court. If the Ministry of Justice receives the application, it must transfer it to the competent court within five working days.
• The court will then examine the form, validity of documents, jurisdiction, and grounds for acceptance or refusal, and check whether the case has already been adjudicated in Vietnam.

5.3 Hearing of the application

• The court holds a hearing with the participation of judges, a procurator from the People’s Procuracy, the applicant, the respondent, and any related parties.
• The panel will hear arguments, examine documents, and issue a decision to recognize and enforce or to refuse recognition.
• The court does not reexamine the substance of the case but only checks legality regarding form, procedure, jurisdiction, and statutory conditions.

5.4 Right to appeal and protest

• Within fifteen days of receiving the decision, the applicant, the respondent, or their legal representatives may appeal to the High People’s Court.
• The Chief Procurator of the provincial or high-level People’s Procuracy may protest the decision.
• The appellate decision is final and immediately effective, serving as the basis for enforcement of the foreign judgment in Vietnam.

5.5 Enforcement of foreign judgments in Vietnam

Once the recognition decision takes effect, the entitled party may request the provincial civil judgment enforcement agency where the assets are located or where the respondent resides to carry out enforcement under the Law on Civil Judgment Enforcement. The time limit for requesting enforcement is five years from the date of the recognition decision.

6. International treaties on recognition and enforcement of foreign Judgments and the principle of reciprocity

6.1 Reference to international treaties

Vietnam is a party to many bilateral treaties on mutual legal assistance in civil matters with countries such as Russia, Belarus, Ukraine, Bulgaria, Hungary, Cuba, Cambodia, and China. These treaties often specify which types of civil judgments and decisions are or are not recognized and enforced in each country.

Vietnam is also a party to multilateral treaties such as the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which has been incorporated into domestic law and applies to international commercial arbitration awards, but not to court judgments. Most ASEAN countries are also parties to this Convention.

6.2 Principle of reciprocity and practical application

In cases where Vietnam and the issuing country have not signed a treaty, the principle of reciprocity is the main legal basis. If there is evidence that the issuing country also recognizes and enforces Vietnamese civil judgments, Vietnam will accept and consider the request.

Vietnamese courts may refuse recognition if the foreign country has previously refused to recognize Vietnamese civil judgments on the grounds of no reciprocity, or if recognition would cause legal consequences affecting sovereignty, public order, national security, or other important interests.

Although the principle is relatively clear, in practice there are difficulties due to the lack of specific guidance on proving reciprocity, the need for coordination among the Ministry of Justice, the Ministry of Foreign Affairs, and other agencies, and inconsistencies in applying this principle to different countries.

7. Practical experience

In practice, most requests for recognition of foreign judgments related to real estate in Vietnam are refused. Some foreign judgments in other fields such as business, commerce, or financial obligations may be recognized if they meet the conditions of jurisdiction, absence of conflicting Vietnamese judgments, and compliance with fundamental principles of Vietnamese law.

In international commercial arbitration, if the award directly concerns ownership of real estate in Vietnam, Vietnamese courts also frequently refuse recognition, unlike awards concerning contracts, goods, or business debts.

Although Vietnam has signed many treaties on mutual legal assistance, most focus on civil judgment enforcement without covering real estate or immovable property in Vietnam. Vietnam has not signed a bilateral treaty with Singapore on recognition and enforcement of civil judgments, except for commercial arbitration under the 1958 New York Convention. This explains why most requests for recognition of foreign judgments concerning real estate are refused under the 2015 Civil Procedure Code.

8. Practical notes for applicants requesting recognition and enforcement of foreign judgments in Vietnam

8.1 Identifying the subject matter of the dispute

For cases involving real estate in Vietnam, applicants must determine whether the foreign judgment establishes ownership, use, or disposal rights over real estate in Vietnam or merely confirms personal relations or movable property outside Vietnam. If the judgment establishes rights over real estate in Vietnam, recognition is almost impossible.

8.2 Preparing a proper application

The application for recognition of a foreign judgment or decision must be complete and compliant with the law. It must include the judgment or a certified copy legalized by consular authorities, confirmation of its legal effect, certified translations, confirmation of service of process, and confirmation of proper summons. Any deficiency in documentation may be grounds for the court to reject the request without examining the substance.

8.3 Applying the principle of reciprocity

For countries that do not have a judicial treaty with Vietnam on recognition of judgments, proving and applying the principle of reciprocity is complex. It is advisable to seek confirmation through official channels such as the Ministry of Justice, the Ministry of Foreign Affairs, or Vietnamese diplomatic missions in the relevant country.

8.4 Choosing an appropriate legal strategy

If a foreign judgment concerns inheritance or property located in Vietnam, the entitled party should consider initiating proceedings directly in a Vietnamese court to open inheritance, determine the estate, and identify heirs. The foreign judgment may be used as supporting evidence for the claim or for registration of ownership changes, rather than expecting it to be directly recognized as enforceable in Vietnam.

8.5 Advices from lawyers and experts

Cross-border disputes involving real estate are highly complex in terms of procedure, recognition conditions, inheritance rules, and tax obligations. Parties with rights or obligations should seek advice from international law experts or experienced lawyers to increase the likelihood of success or to identify alternative solutions.

Conclusion

The request for recognition and enforcement of civil judgments and decisions of foreign courts in Vietnam is an important mechanism to ensure mutual respect between judicial systems and to facilitate the resolution of cross-border civil and commercial relations. However, Vietnamese law sets strict conditions and procedures, emphasizing that foreign judgments can only be recognized if they do not conflict with the fundamental principles of Vietnamese law, have taken legal effect in the issuing country, and do not fall into excluded categories such as disputes over real estate in Vietnam. This reflects a balance between international integration and the protection of national judicial sovereignty.

In practice, many requests for recognition of foreign judgments are refused not because the judgments lack legal validity but because their content conflicts with Vietnamese law or affects public interests. Applicants must prepare complete documentation, clearly identify the subject matter of the dispute, and consider initiating proceedings in Vietnamese courts if the case involves real estate or other matters under exclusive jurisdiction. Consulting legal experts is essential to choosing the right strategy, avoiding procedural risks, and safeguarding legitimate rights in the context of deepening international integration.

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