Scenario: the two sides in a trade debt dispute sat down with the judge and signed a successful mediation record: the debtor undertakes to pay in three instalments over 90 days. The first instalment falls due and the debtor goes silent. The seller asks: how much «weight» does that mediation record carry — do we sue again from scratch? Short answer: no re-suit is needed, provided the settlement was recognised by a court decision.
From the mediation record to the recognition decision
Under the Civil Procedure Code 91/2015/QH13 (CPC 2015), when mediation succeeds the court draws up a record of successful mediation setting out the agreement. After seven days from the record, if no party changes its mind about the agreement, the judge issues a decision recognising the parties’ agreement under Article 212. The enforceable instrument is this recognition decision — not the mediation record standing alone.
A practical point often missed: during that seven-day «cooling» window, a party that changes its mind and notifies the court in writing prevents the recognition decision, and the case proceeds to trial. The party favoured by the settlement should track the seven-day mark and press the court to issue the decision as soon as conditions are met.
Enforceability: equal to a judgment, with no appeal
A decision recognising the parties’ agreement is enforceable like a judgment: the entitled party may ask the civil enforcement agency to enforce compulsorily under the Law on Civil Judgment Enforcement if the other side does not perform voluntarily — seizure, freezing and auction just as with an ordinary money judgment. This is exactly why court mediation is far stronger than a private settlement deed made outside court.
The trade-off is finality: the recognition decision cannot be appealed or protested on appeal. A party «regretting» a bad bargain cannot reopen the case by appeal; the decision can only be reviewed through cassation or retrial in special statutory cases — for example where the agreement is unlawful or harms public interests. When you sign a court settlement, sign it like a judgment: check every instalment, late interest and default consequence.
Drafting settlement terms that actually enforce
- Instalments with teeth: state each instalment and due date plus an acceleration clause — «one missed instalment makes the whole balance due» — otherwise each default is its own separate wait;
- Interest and costs: late-payment interest on overdue amounts, who bears court fees and enforcement costs — successful mediation still requires a court-fee decision;
- Attach specific assets: if the debtor has assets, the agreement should identify the property securing the payment duty so enforcement goes straight to it;
- Do not agree beyond capacity: a schedule beyond the debtor’s real cash flow produces a beautiful decision on paper and a long enforcement file in practice.
Frequently asked questions
Court mediation succeeded but the other side will not pay — must we sue again?
No. Once the court has issued the decision recognising the agreement under Article 212 CPC 2015, the decision has the force of a judgment; the entitled party applies for civil enforcement and compulsion, without re-litigating the old dispute.
How do the mediation record and the recognition decision differ?
The record documents the agreement reached at the mediation session. After seven days with no change of mind, the court issues the recognition decision — that is the instrument with enforceable force, executed like a judgment.
We signed the settlement and changed our mind — can we appeal?
There is no appeal against a decision recognising the parties’ agreement. It can only be reviewed via cassation or retrial in special statutory cases. Settlement terms must therefore be checked before signing, like checking a judgment.
What if one side changes its mind within the seven days?
If that party notifies the court in writing within the window, no recognition decision is issued and the case goes to trial under ordinary procedure. The other side should monitor this deadline closely.
Related articles
- Electronic Proceedings and Online Filing in Vietnamese Courts: Technical Conditions and Digital Signatures for Foreign Parties
- State Compensation Claims in Vietnam: Grounds and Procedures
- VIAC Arbitration Rules 2026: What FDI Enterprises Need to Know About the New Rules
- L/C Dishonored Over Document Discrepancies
- Contracts Signed via Email or Scan: Legally Valid?
This legal analysis has been verified against current Vietnamese regulations and cross-border FDI transaction practices by the attorneys at FLAT LAW FIRM.
