Vietnam’s Effective Enforcement of Handing Over of a Child in International Parental Child Abduction Cases : Acceding to the 1980 Hague Convention (1)

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Vietnam is researching to accede to the 1980 Hague Convention on Civil Aspects of International Child Abduction to handle the increasing international parental child abduction (IPCA) cases. Through implementing the Convention, enforcement of handing over a child is a significant task for the abducted child’s prompt return to their home country. Thus, contracting states, including Japan, have improved their rules to execute the return order. This article focuses on solutions for effectively enforcing handing over a child when a dispute arises in IPCA based on the Convention and Japan’s experience, which does not presently exist in Vietnam. Currently, Vietnam’s enforcement of the handover of a child is prolonged and sometimes unenforceable due to legal and practical problems. This research analyses the compatibility of such enforcement in IPCA cases in Vietnam with international standards. By introducing the Guide to good practices under the Convention on enforcement issues, this research points out the gaps that Vietnam needs to improve in enforcing return orders. This article finds from Japan’s experience that Japan struggled with the enforcement issue after acceding to the Convention in 2014. Although it has amended some regulations of compulsory execution measures to address such difficulties, the enforcement is still challenging because of deficient execution measures and several obstacles in the return order procedure. As Vietnam prepares to accede to the Convention, Vietnam legislators should focus on the strengths of Japanese law and, simultaneously, consider how to avoid some of the problems Japan still faces in dealing with enforcement. Establishing an effective enforcement procedure with adequate coercive measures and ensuring efficiency in central authority and judicial stages are the essential solutions that the government of Vietnam should endeavor to enforce the child’s handover in IPCA cases effectively.

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