In the context of international integration, marriage and family relations involving foreign elements are increasingly common, leading to a rise in disputes and legal requirements. One of the prominent issues is the recognition and enforcement in Vietnam of judgments and decisions of foreign courts. This is not only a practical need to ensure the legitimate rights and interests of Vietnamese citizens but also a manifestation of respect for and cooperation in international judicial matters, contributing to affirming Vietnam’s legal position in the international community.

Judgment No. 25/2025/QĐ-HNGĐ dated June 30, 2025, of the People’s Court of Phu Tho Province is a typical case concerning the request for recognition and enforcement in Vietnam of a divorce mediation record issued by the Hsinchu Court, Taiwan, between a Vietnamese citizen and a Taiwanese citizen. This decision not only resolved the personal rights and obligations of the parties but also raised important legal issues related to procedural rules, the principle of “reciprocity,” and the conditions for recognizing foreign judgments in Vietnam. This article will analyze the legal basis, conditions for recognition, implementation procedures, practical significance, and lessons learned from the above judgment, while also offering some recommendations to enhance its effectiveness in practice.

1. Case summary

Judgment No. 25/2025/QĐ-HNGĐ dated June 30, 2025, of the People’s Court of Phu Tho Province revolves around the request for recognition and enforcement in Vietnam of the divorce mediation record dated January 16, 2024, of the Hsinchu Court, Taiwan, between Ms. Bui Thi T (Vietnamese citizen) and Mr. Tseng Kun Wei (Taiwanese citizen). The two parties mutually agreed to divorce in Taiwan and also reached an agreement on child custody, child support, tuition fees, and visitation rights for their daughter, Tang Chi H (born in 2014). Accordingly, Mr. Wei directly raises the child, while Ms. T is obliged to pay 2,500 TWD per month until the child turns 18. Both parties share tuition fees equally and agreed on visitation schedules. They did not request division of property or settlement of debts, and litigation costs were borne by themselves.

Although the judgment and mediation record were issued in Taiwan, Ms. T filed a request with the People’s Court of Phu Tho Province for recognition and enforcement in Vietnam. The obligor (Mr. Wei) was duly summoned but absent. The court held that the foreign judgment did not contravene the fundamental principles of Vietnamese law, safeguarded the rights of the parties, and complied with legal provisions. Therefore, the court accepted the request and recognized and enforced in Vietnam the mediation record of the Hsinchu Court.

The court also ruled that Ms. Bui Thi T must pay VND 3,000,000 in court fees for the civil matter, of which VND 300,000 had already been prepaid. The parties have the right to appeal within 15 days from the date the decision is duly served.

This judgment is an important practical example showing that the recognition of foreign court judgments and decisions on marriage and family in Vietnam not only protects the legitimate rights of Vietnamese citizens in cross-border marriages but also affirms the principle of respecting international judicial decisions, provided that the content of the judgment does not contravene the fundamental principles of Vietnamese law.

2. Key points drawn from the case

Judgment No. 25/2025/QĐ-HNGĐ has several notable features, not only in terms of procedural handling but also in its practical value in resolving marriage and family disputes involving foreign elements in Vietnam.

It can be seen that the application for recognition of the foreign judgment was fully prepared and complied with the required components (the original or certified copy of the mediation record, confirmation of legal validity, information on proper service, and translations as required). This demonstrates that mastering and properly following procedural rules is a decisive factor for the Vietnamese court to accept and approve the request.

Although the requirements were met, legalization and proper translation of foreign documents often cause many applications to be rejected. In this case, however, the parties completed all procedures under current law, showing careful preparation and understanding of the relevant legal system.

The case did not involve disputes over property or custody but only the termination of the marital relationship. The People’s Court of Phu Tho Province fully considered and determined that the mediation decision of the Hsinchu Court, Taiwan, concerned personal status without property issues. Therefore, recognition of the foreign judgment here mainly served civil status registration and legal validity in Vietnam.

The principle of “reciprocity” was applied in this case, as Vietnam and Taiwan have not signed bilateral or multilateral treaties directly governing the recognition of marriage and family judgments. The court considered the legal reality and precedent that Taiwan had previously recognized similar Vietnamese judgments, thereby satisfying the reciprocity condition under Vietnam’s Civil Procedure Code.

3. Domestic, international legal basis and the principle of reciprocity

Domestic legal basis: Mainly based on the 2015 Civil Procedure Code (CPC), particularly Articles 423 to 444, along with guiding documents of the Supreme People’s Court, the Council of Judges, relevant resolutions, and inter-agency policies. The 2014 Law on Marriage and Family also provides supplementary provisions on the recognition and registration of foreign court judgments and decisions related to marriage and family.

International legal basis: Established through bilateral or multilateral treaties (if any) between Vietnam and the country whose court issued the judgment or decision. In the absence of such treaties, recognition is based on the principle of reciprocity, ensuring mutual benefits between Vietnam and the relevant country. This is common in handling Taiwanese court decisions in Vietnam, as Vietnam and Taiwan have not signed a general treaty on mutual legal assistance in civil matters.

The principle of reciprocity may be applied substantively or formally. In substantive reciprocity, the court considers whether the two jurisdictions have actually recognized and enforced each other’s judgments in marriage and family cases. If Taiwan has previously recognized a Vietnamese divorce judgment, the Vietnamese court may use this as a legal basis to accept the application.

4. Conditions for recognition of foreign divorce judgments

For a foreign court judgment or decision on divorce to be recognized in Vietnam, the application must meet the following conditions:

• The judgment or decision has taken legal effect and is still within the statute of limitations for recognition (3 years from the effective date).
• A valid application is submitted in the prescribed form.
• The obligor (usually an individual) resides/works in Vietnam, or the obligor organization has its head office in Vietnam, or the property related to enforcement is located in Vietnam at the time of the request.
• The judgment or decision does not fall into cases where Vietnamese law prohibits recognition and enforcement (e.g., not yet effective, improper service, within the exclusive jurisdiction of Vietnamese courts, expired statute of limitations, or contrary to the fundamental principles of Vietnamese law).
• Falls within the scope of recognition under international treaties or based on the principle of reciprocity between Vietnam and the relevant foreign jurisdiction.

For judgments or decisions concerning personal status (e.g., divorce mediation records, parent-child determination, annulment of illegal marriage, not involving property or obligations of child support), if no enforcement is requested and no application for non-recognition is filed, such judgments/decisions are automatically recognized in Vietnam.

5. Procedures for recognition and enforcement of foreign divorce judgments

According to the 2015 Civil Procedure Code, the procedure for recognition of foreign judgments/decisions is carried out in the following steps:

Step 1: Prepare the application and submit it to the Ministry of Justice of Vietnam or directly to the competent court.

Step 2: The Ministry of Justice reviews and transfers the application to the competent local court within 5 days if the documents are sufficient and valid.

Step 3: The local court accepts the case and notifies within 5 days, requesting supplementation if documents are missing or incorrect.

Step 4: The court prepares to review the application within 4 months from acceptance; it may request additional documents or verification.

Step 5: After the preparation period, the court holds a hearing within 1 month to issue a decision recognizing and enforcing or refusing to recognize the foreign judgment/decision.

Step 6: Within 15 days of issuing the decision, the court sends it to the parties, the Ministry of Justice, and the People’s Procuracy at the same level. The parties may appeal to the appellate court if they disagree.

The application dossier includes:

• Application for recognition and enforcement of the foreign judgment/decision (in the prescribed form).
• Original or certified copy of the foreign court judgment/decision.
• Document from the foreign court/authority confirming legal effect, enforceability, and need for enforcement in Vietnam (unless already stated in the judgment/decision).
• Document confirming proper service and summons in case of trial in absentia.
• Vietnamese translation, duly notarized or certified.

All documents issued abroad must be legalized, translated into Vietnamese and properly certified.

6. Practical significance of recognition and enforcement of foreign divorce judgments

• Ensuring legitimate rights and interests of the parties

Recognition and enforcement of foreign divorce judgments in Vietnam enable the parties to fully exercise their personal and civil rights and obligations arising from the decision. This includes clarifying marital status (whether the marriage has ended), forming the basis for inheritance rights, immigration, administrative procedures, civil status registration, and other rights under the Law on Marriage and Family, the Law on Civil Status, and the Law on Nationality of Vietnam.

It also prevents the risk of “double trials” on the same matter (e.g., divorce adjudicated abroad but not recognized in Vietnam, causing difficulties in domestic procedures; conversely, if the Vietnamese court does not recognize it, the parties may initiate a new lawsuit on the same matter in Vietnam).

• Meeting the requirements of international integration and promoting judicial cooperation

The number of cases involving foreign elements, in which one party is a Vietnamese citizen or legal entity, resolved by foreign courts is increasing due to trade, migration, and cross-border marriages. Recognition of foreign judgments aligns with the general trend of international integration, while also facilitating Vietnamese and foreign citizens in marriage, commerce, investment, and migration. Recognition decisions also affirm national sovereignty while reflecting Vietnam’s openness, cooperation, and goodwill in legal matters toward the international community and relevant jurisdictions.

• Reducing waste of resources and ensuring consistency of legal decisions

If foreign judgments or decisions are not recognized, the parties would have to spend significant time and costs to re-litigate the case in Vietnamese courts (even though the substance of the matter has already been resolved abroad). Recognition helps save social resources, enhances the efficiency of state management, and reduces the burden on the domestic judicial system.

7. Practical notes for recognition and enforcement of foreign divorce judgments

• Preparing valid documents and dossiers

As shown in the practice of Judgment No. 25/2025/QĐ-HNGĐ, the preparation of the dossier must be complete, ensuring compliance with requirements on form and content, legalization, translation, and certification. Any deficiency in these steps may result in the application being returned, prolonging the process, or failing to achieve the expected legal outcome.

• Proactively verifying recognition conditions and reciprocity

Applicants (or their legal representatives) should proactively verify and provide documents showing that the foreign court has recognized similar Vietnamese judgments in reciprocal cases; or confirm that foreign law or precedent allows recognition of Vietnamese judgments. This facilitates the review process and avoids rejection on the grounds of “lack of reciprocity.”

• Not automatically requesting recognition if the case qualifies for “automatic recognition”

The 2015 Civil Procedure Code and guiding documents clearly establish two scenarios: (i) recognition upon request through procedure; (ii) automatic recognition if the decision concerns personal status, involves no property dispute, no one requests non-recognition, and no enforcement is sought in Vietnam. In such cases, the parties should carry out civil status registration procedures instead of filing for court recognition, saving time and costs.

• Timely amendment and supplementation as required by the court

During the preparation and submission of the dossier, if the court requests amendments or supplements, the applicant must promptly comply to avoid exceeding deadlines, which could lead to the return of the application or suspension of proceedings.

• Observing the statute of limitations 

The statute of limitations for requesting recognition of a foreign judgment is only three years from the date the judgment takes legal effect. Late submission beyond this period may result in rejection, except in cases of force majeure or objective obstacles duly proven.

• Equipping legal knowledge or using professional services if necessary

For complex cases, applicants should seek reputable legal services or lawyers experienced in recognition and enforcement of foreign judgments to provide comprehensive advice and support, minimizing procedural risks.

Conclusion

Recognition and enforcement in Vietnam of foreign court judgments and decisions on marriage and family is an important legal mechanism, ensuring consistency in resolving cross-border marital relations. This procedure not only protects the legitimate rights and interests of Vietnamese citizens but also affirms the principle of respecting international judicial decisions, while promoting legal cooperation between Vietnam and other jurisdictions.

From a practical perspective, recognition of foreign judgments helps avoid duplicate litigation, saves time and costs for the parties, and enhances the efficiency of the judicial system. It also demonstrates Vietnam’s commitment to international legal integration, reflecting goodwill and mutual respect in judicial cooperation.

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