
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
For further info, pls contact us:
THE LAM LAW LLC
🏢Indochina Park Tower, No.4 Nguyen Dinh Chieu, Dakao Ward, Dist 1, Ho Chi Minh City.
📞Tel: 028 710 58 222 – 6288 3798 – Hotline: 097 309 77 77
✉ Email: info@thelamlawllc.com
Related Posts
Strengthening Defense in Economic Criminal Cases
Within the framework of the Workshop on Enhancing Lawyers’ Skills in Handling Criminal Cases on
Jun
Can Vietnam unlock its full economic potential by 2045?
The latest World Bank report “Vietnam 2045 – Institutional Breakthroughs for a High-Income Future” provides
Jun
THE LAM TRAINING DAY – 27.05.2024
Recently, THE LAM LAW LLC organized an internal sharing session featuring two in-depth legal topics,
May
Roundtable VIAC & Lawyers
🔹 VIAC & LAWYERS | ROUNDTABLE ON ARBITRAL TRIBUNAL FORMATION📍 10th Floor, VCCI Tower, HCMC
May
Legal sharing from classroom to global trade
📍 Foreign Trade University – Ho Chi Minh City Campus | May 12, 2025On the
May
THE LAM TRAINING DAY – 09.5.2025
📌 CONTRIBUTING CAPITAL BY LAND USE RIGHTS – LEGAL HIGHLIGHTS During our internal training
May