The question of whether foreign documents used in arbitration proceedings must undergo consular legalization to be considered valid legal documents will likely have an official answer soon.

Regarding the exemption from consular legalization in arbitration proceedings, aiming to unify and simplify the process, in line with international practices and current Vietnamese laws, subject to approval & official issuance by The Supreme People’s Court of Vietnam.

This document focuses on establishing a precedent related to the exemption from consular legalization in arbitration proceedings. We would like to share herein “Summary of Draft Precedent No. 15/2024″ as follows:

1. Introduction
Precedent No. 15/2024/AL: Concerns the exemption from consular legalization of documents in arbitration proceedings.

Source of the Precedent: Decision No. 16/2023/QĐ-PQTT dated November 27, 2023, by the Hanoi People’s Court.

Overview: The Supreme People’s Court of Vietnam has approved the exemption of consular legalization for foreign documents submitted to the Vietnam Commercial Arbitration Center.

2. Case Situation
Claimant: T LLC.
Respondent: E Company.
The petitioner requested the annulment of the arbitration award, arguing that the arbitration panel did not require consular legalization for foreign documents.

3. Legal Solution
The court determined that documents do not need consular legalization if the Vietnam Commercial Arbitration Center does not require it.
Relevant Legal Provisions:
Law on Commercial Arbitration 2010.
Clause 4, Article 9 of Decree No. 111/2011/NĐ-CP on consular certification and legalization.

4. Case Details
On May 28, 2020, T LLC and E Company signed a contract for the sale of 1,000,000 medical masks.
Disputes arose during the contract execution, leading to arbitration at the V Arbitration Center.
On June 23, 2023, V Arbitration Center issued an award, partially accepting E Company’s claims.

5. Court’s Conclusion
The court found that consular legalization of documents is unnecessary if not required by the arbitration rules.
Foreign documents do not need consular legalization if the receiving body is the Vietnam Commercial Arbitration Center.

6. Reason for Proposing the Precedent
Current judicial practices see some judges requiring consular legalization for foreign documents, creating difficulties and inconsistencies with international practices.

A precedent is needed to unify the application of the law, ensuring effective and swift arbitration dispute resolution in Vietnam.

Court Decision
The petition to annul the arbitration award in case No. 49/22 by the V International Arbitration Center is rejected.

Precedent Content
Exemption from consular legalization of foreign documents submitted to the Vietnam Commercial Arbitration Center unless otherwise required by arbitration rules.

Link full Draft Precedent: https://drive.google.com/file/d/14aHv93K895Q7rRGoyxJXexBgFXusrmwt/view?usp=sharing

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