Joint Circular No. 139/TT-LB on the implementation of the Agreement on judicial assistance and legal cooperation in civil, family, and criminal matters signed with the Soviet Union and other socialist countries.

CIRCULAR

JOINT CIRCULAR OF THE MINISTRY OF JUSTICE - SUPREME PROCURATORATE - SUPREME PEOPLE'S COURT - MINISTRY OF INTERIOR - MINISTRY OF FOREIGN AFFAIRS NO. 139/TT-LB DATED MARCH 12, 1984 ON THE IMPLEMENTATION OF THE AGREEMENT ON JUDICIAL AND LEGAL ASSISTANCE IN CIVIL, FAMILY, LABOR, AND CRIMINAL MATTERS BETWEEN OUR COUNTRY AND THE USSR AND OTHER SOCIALIST COUNTRIES.

Our country has signed agreements on judicial and legal assistance in civil, family, labor, and criminal matters with the Union of Soviet Socialist Republics (December 10, 1981), the German Democratic Republic (December 15, 1980), and the Czechoslovak Socialist Republic (October 12, 1982).

The State Council of our country has ratified the three aforementioned agreements, and we have exchanged letters of ratification with the USSR and the German Democratic Republic. Since the exchange of letters of ratification, the agreement has taken effect between the two contracting states.

To implement the cooperation and mutual assistance as stipulated in the agreements that our state has signed, it is necessary to clearly define the division of responsibilities among the relevant sectors and to coordinate their efforts in guiding the implementation of the agreements within each sector.

This circular provides guidance on certain points regarding the tasks that each sector must undertake.

I. SUPREME PROCURATORATE

1. Implement the exchange of requests for criminal investigations and the prosecution of criminal responsibility as provided for in the agreements on judicial and legal assistance.

2. Request investigative agencies to carry out requests for criminal investigations. In some cases, as prescribed by law, conduct requests for criminal investigations, including civil aspects in criminal cases.

3. Supervise compliance with the law during the implementation of the agreements on judicial and legal assistance in civil, family, labor, and criminal matters.

4. Supervise the enforcement of decisions and judgments with legal force executed on the territory of Vietnam.

5. Guide local procuratorates in performing the procuratorial sector's tasks related to judicial and legal assistance in civil, family, labor, and criminal matters, as specified in the agreements.Decree.

II. SUPREME PEOPLE'S COURT

1. Adjudicate criminal cases, civil lawsuits, marriage and family disputes, and labor disputes involving citizens or legal entities from other contracting states within the jurisdiction of the Supreme People's Court.

2. Guide provincial and centrally-administered city people's courts in uniformly applying laws and adjudicating criminal cases, civil lawsuits, marriage and family disputes, and labor disputes involving citizens or legal entities from other contracting states.

3. Guide people's courts at all levels in implementing requests for assistance such as serving documents, requesting expert opinions, providing expert results, taking statements, examining evidence, and providing other relevant materials in civil, marriage and family, and labor disputes.

4. Decide to recognize and enforce in our country judgments, decisions, and mediation records of courts from other contracting states concerning civil, marriage and family, and labor matters, decisions on compensation in criminal judgments, decisions of competent authorities of those countries resolving inheritance-related issues, and decisions on court fees.

III. MINISTRY OF INTERIOR

1. Carry out criminal investigation requests as required by the Supreme Procuratorate, such as preparing arrest records, seizing evidence, conducting searches, temporary detention, pretrial detention, extradition of suspects, etc., except in urgent or immediate cases.

2. Provide criminal information and necessary personal documents of citizens from our country, as requested by the other contracting state through the Supreme Procuratorate or the Ministry of Justice.

3. Monitor and inform the other contracting state through the Supreme Procuratorate or the Ministry of Justice about citizens from our country who are missing or deceased, and the current status of their property on the territory of Vietnam. Take necessary measures to preserve the property, evidence, and items left behind by missing or deceased persons. Upon request by a competent authority, transfer such property, evidence, and items to the responsible agency.

4. Resolve applications for marriage between Vietnamese citizens and citizens of the other contracting state on the territory of Vietnam. Resolve applications for citizens of the other contracting state to become guardians or caretakers, or adopt Vietnamese children, and vice versa, for Vietnamese citizens to become guardians or caretakers, or adopt children from the other contracting state on the territory of Vietnam. Subsequently, the Ministry of Interior will transfer necessary documents to diplomatic or consular agencies or competent authorities to formalize procedures according to current laws.

5. Guide public security agencies in carrying out criminal investigation requests and other criminal requests on the territory of Vietnam when requested by the competent procuratorate.

IV. MINISTRY OF FOREIGN AFFAIRS

1. Based on the request of the Ministry of Justice or the Supreme Procuratorate, transfer necessary documents and materials of judicial agencies and other competent agencies in the country to the responsible agencies of the other contracting state.

2. Inform the diplomatic and consular agencies of our country in the other contracting states that upon receipt of files, materials, and other notifications from judicial agencies or other competent agencies of the other contracting states related to the implementation of the agreement on judicial and legal assistance, they should notify and transfer all received files and materials to the Ministry of Justice or the Supreme Procuratorate, while reporting to the Ministry of Foreign Affairs.

3. Guide our diplomatic or consular agencies in issuing necessary certificates of identity for Vietnamese citizens residing in the other contracting state to formalize marriage procedures with citizens of the other contracting state.

4. Serve documents to Vietnamese citizens residing on the territory of the other contracting state when requested.

5. Guide diplomatic or consular agencies based on the law and effective bilateral agreements between the two countries to protect the legitimate rights and interests of Vietnamese citizens on the territory of the contracting state, particularly in matters of marriage and family, guardianship, support, inheritance, transfer of property, etc. Report situations related to the implementation of mutual legal assistance agreements at the contracting states to the Ministry of Foreign Affairs and the Ministry of Justice.

V. MINISTRY OF JUSTICE

1. Carry out exchanges of civil, labor, marriage, and family investigative commissions.

2. Carry out exchanges of current laws of the Socialist Republic of Vietnam with contracting states as stipulated in mutual legal assistance agreements.

3. Introduce and officially explain the basic principles according to the spirit of mutual legal assistance agreements when requested by domestic agencies and social organizations.

4. Study proposals for supplementing and perfecting Vietnamese law to facilitate the implementation of signed mutual legal assistance agreements.

5. Guide the implementation of enforcement mandates and decisions rendered by the other contracting state, mandates regarding notarization, etc.

Departments assigned tasks in this Circular will provide detailed guidance to subordinate agencies and other relevant agencies within their jurisdiction to implement provisions of mutual legal assistance agreements concerning civil, family, and criminal issues.

In cases where diplomatic or consular agencies of contracting states located in Vietnam directly contact the Ministry of Justice or the Supreme People's Procuracy regarding judicial mandates, according to the provisions of mutual legal assistance agreements, the Ministry of Justice or the Supreme People's Procuracy will notify relevant departments and simultaneously inform the Ministry of Foreign Affairs for coordination.

The Ministry of Justice is responsible for organizing regular meetings to report on the exchange of cooperation issues among relevant departments.