Joint Circular No. 15/2011/TTLT-BTP-BNG-TANDTC guiding the application of certain provisions on judicial assistance in civil matters under the Law on Judicial Assistance.

JOINT CIRCULAR

Guidelines for the Implementation of Certain Provisions on Judicial Assistance in Civil Matters under the Law on Mutual Legal Assistance

The Law on Mutual Legal Assistance

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Pursuant to the Law on Mutual Legal Assistance No. 8/2007/QH12 dated November 21, 2007;

||| To ensure accurate and consistent implementation of the Law on Mutual Legal Assistance, the Ministry of Justice, the Ministry of Foreign Affairs, and the Supreme People's Court have jointly issued guidelines for the implementation of certain provisions on judicial assistance in civil matters under the Law on Mutual Legal Assistance as follows.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These joint circulars provide guidance on the application of certain provisions concerning principles, jurisdiction, procedures, and processes for implementing judicial assistance in civil matters; handling the results of judicial assistance in civil matters; and the responsibilities of Vietnamese state agencies in judicial assistance in civil matters under the Law on Mutual Legal Assistance.

Article 2. Applicability

These joint circulars apply to Vietnamese agencies, organizations, and individuals, as well as foreign agencies, organizations, and individuals related to activities involving judicial assistance in civil matters with Vietnam.

Article 3. Application of Foreign Law in Judicial Assistance in Civil Matters

1. The application of foreign law pursuant to Clause 2, Article 3 of the Law on Mutual Legal Assistance shall be applied when the following conditions are fully met:

b) There is a written request from a competent authority of a foreign country to apply its law;

b) The application of foreign law does not contravene fundamental principles of Vietnamese law, is consistent with international law and custom;

c) There is a document from the competent authority of the foreign country requesting the application of its own law.

2. The Ministry of Justice, in coordination with the Ministry of Foreign Affairs and the Supreme People's Court, will examine and decide on the application of foreign law. In cases where the conditions for applying foreign law are not met, the Ministry of Justice will respond in writing to the requesting country.

to the Ministry of Foreign Affairs for consideration and decision on requesting the foreign country to apply the reciprocal principle.

1. Apply the principle of reciprocity upon request of the competent authority of Vietnam:

a) In cases where the court or competent authority of Vietnam requests judicial assistance in civil matters from the competent authority of a foreign country, and there is no international treaty, agreement, or precedent between Vietnam and that country regarding the application of the principle of reciprocity to relevant matters, the court must send a letter to the Ministry of Justice requesting the application of the principle of reciprocity along with the dossier of judicial assistance in civil matters.

b) Within ten working days from the date of receipt of the dossier, the Ministry of Justice sends a letter, along with the dossier of judicial assistance in civil matters, to the Ministry of Foreign Affairs to request examination and decision on proposing the application of the principle of reciprocity to the competent authority of the foreign country.

c) Within ten working days from the date of receipt of the dossier, the Ministry of Foreign Affairs examines and makes one of the decisions specified in points d or đ of Clause 1 of this Article. If it is necessary to seek the opinions of the Ministry of Justice and the Supreme People's Court on the application of the principle of reciprocity, the time limit does not exceed twenty days.

d) In cases where the decision is made to propose the application of the principle of reciprocity to the competent authority of the foreign country, the Ministry of Foreign Affairs sends the dossier of judicial assistance in civil matters to the Vietnamese representative office abroad, accompanied by a diplomatic note from the Ministry of Foreign Affairs requesting the competent authority of the foreign country to apply the principle of reciprocity. The diplomatic note should request the competent authority of the foreign country to provide a formal response regarding the application of the principle of reciprocity with Vietnam.

đ) In cases where the decision is not made to propose the application of the principle of reciprocity to the competent authority of the foreign country, the Ministry of Foreign Affairs returns the dossier to the Ministry of Justice and clearly states the reasons.

e) Within five working days from the date of receipt of the dossier, the Vietnamese representative office abroad sends the request for the application of the principle of reciprocity to the competent authority of the foreign country.

g) Within five working days from the date of receipt of the formal response from the competent authority of the foreign country, the Vietnamese representative office abroad sends a notification to the Ministry of Foreign Affairs. Within five working days from the date of receipt of the notification from the Vietnamese representative office abroad, the Ministry of Foreign Affairs has the responsibility to inform the Ministry of Justice and the Supreme People's Court and coordinate accordingly.

h) In cases where the competent authority of the foreign country agrees to apply the principle of reciprocity with attached conditions, the Ministry of Foreign Affairs will consider and decide based on consulting with the Ministry of Justice and the Supreme People's Court. The procedure for unifying opinions is carried out similarly to the process of examining and deciding on the application of the principle of reciprocity at the request of the competent authority of the foreign country as stipulated in Clause 2 of this Article.

2. Apply the principle of reciprocity upon request of the competent authority of a foreign country:

a) In cases where the Ministry of Foreign Affairs receives a request from the competent authority of a foreign country for judicial assistance in civil matters, and there is no international treaty, agreement, or precedent between Vietnam and that country regarding the application of the principle of reciprocity to relevant matters, the Ministry of Foreign Affairs sends a letter, along with any related dossier (if available), to the Ministry of Justice and the Supreme People's Court to cooperate in examining the application of the principle of reciprocity.

b) Within ten working days from the date of receipt of the letter from the Ministry of Foreign Affairs, the Ministry of Justice and the Supreme People's Court provide their written opinion on the application of the principle of reciprocity based on the grounds specified in Article 5 of these joint circulars or twenty days for special cases.

c) Within five working days from the date of receipt of the opinions of the Ministry of Justice and the Supreme People's Court, the Ministry of Foreign Affairs examines and decides on the application of the principle of reciprocity and responds in writing to the competent authority of the foreign country making the request, sending a copy of the document to the Ministry of Justice and the Supreme People's Court for coordination. In cases where the Ministry of Foreign Affairs decides to agree to apply the principle of reciprocity, based on the submitted dossier (if available), the Ministry of Justice will handle the acceptance, verification of the validity of the dossier, and transfer the dossier to the competent court to implement judicial assistance according to Article 15 of the Law on Mutual Legal Assistance and point a, Clause 3, Article 20 of these joint circulars.

Article 5. Basis for considering and deciding to apply the principle of reciprocity

The consideration and decision to apply the principle of reciprocity in judicial assistance with foreign countries shall be based on the following grounds:

a) The necessity and requirements of Vietnam for judicial assistance in each specific case or in general relations with the relevant country;

b) Not contrary to Vietnamese law, related international treaties to which Vietnam is a party, and consistent with international law and custom;

c) Suitability regarding diplomatic demands, political, economic, social impacts, and other impacts, if any;

d) Impact on the rights and interests of the State, individuals, and legal entities of Vietnam involved.

Article 6. Language in civil judicial assistance

1. The language used to prepare the file requesting foreign judicial assistance in civil matters or requesting Vietnam to implement civil judicial assistance shall be carried out according to the provisions of Article 5 of the Law on Judicial Assistance.

2. In cases where the competent authority of a foreign country or the representative office of that country in Vietnam requests civil judicial assistance, and Vietnam and that country have not concluded an international treaty on judicial assistance in the civil field, the language for implementing judicial assistance shall be Vietnamese. The file of the request for judicial assistance and its translation into Vietnamese must be certified and legalized according to the provisions of Vietnamese law, except when exempted from legalization under an international treaty or according to the principle of reciprocity.

3. In cases where the court prepares a file and cannot determine the language of judicial assistance accepted by the requested country, the court shall send a written request to the Ministry of Foreign Affairs for determination. Within five working days from the date of receipt of the request, the Ministry of Foreign Affairs shall be responsible for replying in writing.

4. In cases where the court prepares a file for requesting judicial assistance to be implemented by the Vietnamese representative agency abroad for Vietnamese citizens abroad, the language of judicial assistance shall be Vietnamese. In this case, the file of the request for judicial assistance does not need to be legalized.

Article 7. Provision of information related to international treaties on civil judicial assistance

Courts may send written requests to the Ministry of Justice to provide information related to international treaties on civil judicial assistance. The Ministry of Justice shall be responsible for replying in writing within five working days from the date of receipt of the request.

Article 8. Costs of civil judicial assistance

Individuals and organizations inside and outside the country requesting judicial assistance must pay fees and costs of judicial assistance. The amount of fees and costs, the parties required to pay, the competent authorities to collect; management and use of these fees and costs shall be carried out according to the relevant laws.

Chapter II

REQUEST FOR FOREIGN CIVIL JUDICIAL ASSISTANCE

Article 9. Authority to Request Implementation of Civil Judicial Assistance

1. People's Courts of provinces and centrally-administered cities, and the Supreme People's Court Circuit Courts have the authority to request implementation of civil judicial assistance.

2. During the process of resolving civil cases, if there arises a request for civil judicial assistance, the People's Courts of districts, counties, towns, and provincial-level cities shall prepare the file of the request for judicial assistance according to the provisions of Article 11 of the Law on Judicial Assistance and the guidance provided in Article 10 of this Circular, and submit it to the Provincial People's Court for implementation according to the general procedure.

Article 10. Judicial Assistance Case File for Civil Matters

1. The judicial assistance case file for civil matters must include the documents specified in Article 11 of the Law on Mutual Legal Assistance, specifically as follows:

a) A request document for judicial assistance in civil matters according to Model No. 01 issued together with this Joint Circular;

b) A judicial assistance document in civil matters as stipulated in Article 12 of the Law on Mutual Legal Assistance according to Model No. 02 issued together with this Joint Circular;

c) Other documents as required by the competent authority of the requested country;

d) Other papers and documents serving the execution of judicial assistance (for example: Notice of case acceptance; Decision on judicial assistance for evidence collection; Judgment, Decision of the Court...),

2. The judicial assistance case file for civil matters shall be established by the Court in the following manner:

a) The judicial assistance case file must be signed by the Chief Justice or Deputy Chief Justice authorized by the Chief Justice, except for the papers and documents specified in point d, Clause 1 of this Article, and shall be made in three copies and sent to the Ministry of Justice.

b) The request document for judicial assistance in civil matters established by the Court must be the original, and other documents, papers, and materials serving the execution of judicial assistance must be originals or copies. Copies and translations of these documents, papers, and materials must be certified in accordance with the provisions of the law on issuing certified copies from original records, certifying copies from originals, and certifying signatures.

c) In cases where judicial assistance is needed for multiple parties with different contents of assistance or different addresses or different nationalities, the Court must establish separate judicial assistance case files for each party.

d) In cases where the party requesting mutual legal assistance has both Vietnamese and foreign nationality, the Court shall establish the judicial assistance case file as if it were assisting a Vietnamese citizen abroad when the Court determines that the effective nationality of the party is Vietnamese nationality and if it does not contravene the laws of the foreign country or if the foreign country does not object.

Article 11. Validity Conditions of the Judicial Assistance Case File for Civil Matters

The judicial assistance case file is considered valid when it meets the following conditions:

1. The judicial assistance case file has been established in accordance with the provisions of Article 11 and Article 12 of the Law on Mutual Legal Assistance and the guidance provided in Article 10 of this Joint Circular.

2. The judicial assistance case file has been established in the language prescribed in Article 5 of the Law on Mutual Legal Assistance and the guidance provided in Article 6 of this Joint Circular.

3. The judicial assistance case file has been established in the number of copies as prescribed in Clause 2 of Article 11 of the Law on Mutual Legal Assistance and the guidance provided in Article 10 of this Joint Circular.

4. Individuals and organizations have paid the costs of mutual legal assistance in accordance with the law, except in cases where they are exempted or not required to pay the costs of mutual legal assistance in civil matters.

Article 12. Procedure and Formalities for Receiving and Sending the Judicial Assistance Case File for Civil Matters at the Ministry of Justice

Within ten working days from the date of receipt of the judicial assistance case file sent by the Court, the Ministry of Justice is responsible for entering the Judicial Assistance Case File for Civil Matters (the outgoing judicial assistance section), checking the validity of the file in accordance with the provisions of the Law on Mutual Legal Assistance, Article 11 of this Joint Circular, and making one of the following decisions:

1. In cases where the judicial assistance case file is complete and valid:

a) Transfer the file to the competent authority of the foreign country or to the Ministry of Foreign Affairs in accordance with the provisions of the international treaty to which Vietnam and that country are members;

b) Transfer the file to the Ministry of Foreign Affairs for consideration and decision to apply the principle of reciprocity according to the procedure prescribed in Clause 1 of Article 4 of this Joint Circular if there is no international treaty between Vietnam and the foreign country regarding mutual legal assistance in civil matters or no agreement or precedent on the application of the principle of reciprocity.

2. In cases where the judicial assistance case file is incomplete and invalid:

The Ministry of Justice returns the judicial assistance case file to the Court that established the file and specifies the reasons.

Article 13. Procedures, formalities, and deadlines for receiving and forwarding judicial assistance files on civil matters at the Ministry of Foreign Affairs and Vietnamese representative offices abroad

1. In cases where the Ministry of Foreign Affairs carries out judicial assistance for Vietnamese citizens abroad or pursuant to the provisions of relevant international treaties, the deadline for transferring the file to the Vietnamese representative office abroad is five working days from the date of receipt of the valid judicial assistance file transferred by the Ministry of Justice.

Within five working days from the date of receipt of the judicial assistance file, the Vietnamese representative office abroad is responsible for implementing judicial assistance for Vietnamese citizens abroad or transferring the file to the competent authority of the foreign country.

2. In cases where judicial assistance is carried out based on the principle of reciprocity, the deadlines and procedures for implementation at the Ministry of Foreign Affairs and Vietnamese representative offices abroad shall be in accordance with points c and e of Clause 1, Article 4 of this Joint Circular.

Article 14. Handling the results of judicial assistance at the Ministry of Foreign Affairs and Vietnamese representative offices abroad

1. Within five working days from the date of completion of the judicial assistance or from the date of receipt of the notification of the result of the judicial assistance from the competent authority of the foreign country, the Vietnamese representative office abroad sends a notification of the result of the judicial assistance, the record of service of the judicial assistance file, along with accompanying documents and evidence to the Ministry of Foreign Affairs.

2. Within a maximum period of three months from the date of receipt of the judicial assistance file from the competent authority within the country, if the Vietnamese representative office abroad cannot carry out judicial assistance for Vietnamese citizens abroad or if the competent authority of the foreign country does not provide a notification about the result of the judicial assistance or does not respond to Vietnam's request regarding the application of the reciprocity principle as stipulated in Clause 1, Article 4 of this Joint Circular, then the Vietnamese representative office abroad is responsible for notifying the Ministry of Foreign Affairs.

3. Within five working days from the date of receipt of the notification of the result of the judicial assistance sent back by the Vietnamese representative office abroad, the Ministry of Foreign Affairs transfers that document to the Ministry of Justice to forward it to the Court as provided for in Clause 3, Article 14 of the Civil Judicial Assistance Law.

Article 15. Handling the results of judicial assistance at the Court

1. Handling the results of serving the judicial assistance document to Vietnamese citizens residing abroad:

a) In cases where the Court receives a notification of the result of the judicial assistance as stipulated in Clause 2, Article 17 of this Joint Circular, the Court continues to proceed with judicial assistance if it verifies the correct name, address, and accurate personal information of the party abroad.

If the Court has taken all measures but still cannot determine the address of the foreign party, the Court explains to the party to request the Court to issue a notice to search for a person absent from their place of residence according to Chapters XX and XXII of the Civil Procedure Code. After obtaining the result of the notice to search for a person absent from their place of residence, the Court continues to resolve the case according to the general procedure. Within one month from the date the Court requests, if the party does not request the Court to search for a person absent from their place of residence, the Court suspends the resolution of the case according to Articles 168 and 192 of the Civil Procedure Code.

b) In cases where the Court receives a notification of the result of the judicial assistance as stipulated in Clauses 1, 3, and 4, Article 17 of this Joint Circular, the Court continues to resolve the case according to the provisions of the Civil Procedure Code.

2. Handling the results of judicial assistance for foreigners residing abroad:

a) In cases where the Court receives a notification from the competent authority of the foreign country regarding incorrect name, address, and personal information of the person to be served, or the person to be served has moved to a new address but the new address is unclear, or the person to be served is absent from the address without knowing when they will return, the Court continues to conduct the second judicial assistance if it verifies the correct address, name, and accurate personal information of the party abroad.

If the judicial assistance carried out by the competent authority of the foreign country still has no result despite the Court having taken all measures to verify the address, name, and personal information of the party abroad but still cannot determine the accurate information, the Court continues to resolve the case according to the provisions of the Civil Procedure Code.

b) In cases where the Court receives a notification from the competent authority of the foreign country regarding the person being served having received the judicial assistance document or refusing to accept and perform the judicial assistance request, the Court proceeds to resolve the case according to the general procedure.

c) In cases where civil matters cannot be carried out due to Vietnam and the foreign country not having an international treaty or not applying the reciprocity principle, the Court that has accepted the case conducts public posting of the judicial assistance file at the courthouse, People's Committee of the commune where the party resides, or the last known place of residence of the party (if any) within six months and publishes it in three consecutive central daily newspapers and broadcasts it on the central radio or television station (foreign language channel) three times over three consecutive days. If there is no news of the party abroad after this period, the Court continues to resolve the civil matter according to the general procedure.

3. Handling the results of judicial assistance in cases of serving court judgments and decisions of the first-instance court:

In the case where the Court entrusts judicial assistance to serve the judgment or decision of the first-instance Court to a party residing abroad, if within three months from the date of serving the judgment or decision to the person to be served, or within six months from the date of posting the judgment or decision at the Vietnamese representative office abroad or from the date of sending the judicial assistance dossier to the competent authority of the foreign country to carry out the entrusted judicial assistance, the Court does not receive the appeal of the party abroad, and during the appeal period, there is no other person appealing, and the Prosecutor does not appeal, then the judgment or decision of the first-instance Court shall have legal effect, and the Court shall not continue to proceed with the entrusted judicial assistance.

4. Handling the results of judicial assistance in cases where no notification of the results of implementing judicial assistance is received:

After six months from the date the Ministry of Justice sends the second valid judicial assistance dossier to the competent authority of the foreign country or the Ministry of Foreign Affairs and no notification of the results of implementing judicial assistance is received, the Court requesting judicial assistance shall base its resolution on the collected evidence and materials to resolve the case according to the provisions of the law without having to continue requesting judicial assistance.

5. Handling the results of judicial assistance in cases where a notification of the results of implementing judicial assistance is received:

If a notification of the results of implementing judicial assistance is received, the Court shall base its resolution on the documents and evidence to resolve the case if it finds that the documents and evidence are correct and sufficient according to the content requested; in cases where the documents and evidence are incorrect or insufficient according to the content already requested, the Court shall continue to request judicial assistance according to the general procedure.

Chapter III

IMPLEMENTING JUDICIAL ASSISTANCE FOR VIETNAMESE CITIZENS ABROAD THROUGH VIETNAMESE REPRESENTATIVE OFFICES ABROAD

Article 16. Implementing requests for judicial assistance at Vietnamese representative offices abroad

Requests for judicial assistance such as serving papers, files, documents, taking statements, summoning witnesses, experts, providing and collecting evidence, and other cases of judicial assistance as prescribed by Vietnamese law for parties abroad shall be carried out by Vietnamese representative offices abroad according to the procedures stipulated in Article 17 of this Joint Circular, the Civil Procedure Code, other provisions of Vietnamese law, international treaties to which Vietnam is a member, and not contrary to the laws of the host country.

Article 17. Serving judicial assistance documents to Vietnamese citizens abroad through Vietnamese representative offices abroad

1. In cases where the person to be served has received the judicial assistance document or the person to be served is absent at the address but a close relative with full civil capacity signs for receipt and commits to delivering it personally, the Vietnamese representative office abroad shall prepare a record of the service being completed. In cases where the person to be served has moved to a new address different from the address specified in the request for judicial assistance, the Vietnamese representative office abroad needs to serve the new address.

2. In cases where the name, address, or personal information of the person to be served is incorrect, or they have moved to a new address but the new address is unclear, or they are absent at the address and the time of return is unknown, the Vietnamese representative office abroad shall prepare a record of the inability to complete the service and specify the reasons.

3. In cases where the person to be served refuses to accept the judicial assistance file, the person performing the service must prepare a record of the refusal to accept the file, specifying the reasons for the refusal, signed by the server, the person to be served, and in cases where the person does not sign the record, the signature of a witness regarding their refusal to accept the document is required.

4. In cases where all necessary measures have been applied but the service cannot be completed, the Vietnamese representative office abroad shall publicly post the notice at its headquarters. After thirty days from the date of posting, if the person to be served does not come to receive the judicial assistance file, the Vietnamese representative office abroad shall prepare a record of the completion of the public posting procedure and the result of the posting.

Chapter IV

IMPLEMENTING JUDICIAL ASSISTANCE ON CIVIL MATTERS OF FOREIGN COUNTRIES

Article 18. Competence to execute judicial assistance from foreign countries

1. The People's Court at provincial level has the competence to execute requests for judicial assistance from competent authorities of foreign countries, except where otherwise provided by law.

2. The territorial jurisdiction of the Court to execute judicial assistance is determined as follows:

a) The Court with the competence to execute judicial assistance is the Court where the individual being served resides, works, or where the main office of the organization being served is located;

b) The Court where the witness or expert being summoned resides or works;

c) The Court where evidence collection and provision take place;

d) The Court executing other civil judicial assistance requests is the Court with the competence as prescribed by Vietnamese law.

Article 19. Documents for Judicial Assistance Requests from Foreign Countries on Civil Matters

The documents for judicial assistance requests on civil matters from competent authorities of foreign countries are considered valid when they contain all the documents stipulated in Articles 11 and 12 of the Law on Mutual Legal Assistance and the guidance provided in Articles 10 and 11 of this Joint Circular, except where international treaties to which Vietnam is a party provide otherwise.

Article 20. Acceptance and Verification of the Validity of Documents for Judicial Assistance Requests from Foreign Countries on Civil Matters

1. The Ministry of Justice accepts documents for judicial assistance on civil matters sent by competent authorities of foreign countries according to the provisions of international treaties on mutual legal assistance in the field of civil matters between Vietnam and that country, or based on agreements or precedents regarding the principle of reciprocity.

2. In cases where Vietnam and a foreign country have not concluded an international treaty on mutual legal assistance in the field of civil matters, or have not reached an agreement or precedent regarding the principle of reciprocity, the procedures for acceptance and verification of the validity of documents for judicial assistance shall be carried out in accordance with the provisions of Clause 2, Article 4 of this Joint Circular.

3. Within ten working days from the date of receipt of the documents for judicial assistance, the Ministry of Justice enters the documents into the Register of Documents for Judicial Assistance on Civil Matters (the incoming delegation section), examines and verifies the validity of the documents, and makes one of the following decisions:

a) Transfer the documents to the Court with the competence as stipulated in this Joint Circular Article 18 or to the competent state agency to implement in accordance with Article 23 of this Joint Circular if the documents for judicial assistance are valid.

b) Return the documents to the competent authority of the foreign country that submitted the documents for judicial assistance or through the Ministry of Foreign Affairs if there is no international treaty on mutual legal assistance in civil matters between Vietnam and that country, and clearly state the reasons in case the documents for judicial assistance are invalid.

Article 21. Procedures and Formalities for Handling Judicial Assistance Requests from Foreign Countries on Civil Matters

1. Within seven working days from the date of receipt of the documents for judicial assistance, the Court enters the documents into the Register of Documents for Judicial Assistance on Civil Matters (the incoming delegation section), examines and verifies the validity of the documents, and makes one of the following decisions:

a) Proceed to accept the case for handling the judicial assistance if it falls within its jurisdiction;

b) Return the documents to the Ministry of Justice if the case does not fall within the jurisdiction of the Court.

2. The Court applies all necessary measures as prescribed by law to execute the judicial assistance and reports the results of the execution of the judicial assistance to the Ministry of Justice within a maximum period of three months from the date of accepting the documents.

Article 22. Notification of Results of Execution of Judicial Commissions from Abroad in Civil Matters

1. Within five working days from the date of receiving the results of the execution of judicial commissions, or in cases provided for in Clause 3, Article 15 of the Law on Mutual Legal Assistance, the Court shall send a notification of the results of the execution of judicial commissions signed by the President of the Court or a Vice President authorized by the President, with three copies to the Ministry of Justice.

2. The Ministry of Justice shall transfer the results of the execution of judicial commissions to the competent authority of the requesting country as prescribed in international treaties or to the Ministry of Foreign Affairs for cases where the judicial commission was sent through this agency according to the time limit specified in Clause 2, Article 15 of the Law on Mutual Legal Assistance.

3. Within five working days, the Ministry of Foreign Affairs shall send the results to the foreign representative office in Vietnam that made the request or transfer them to the Vietnamese representative office abroad that submitted the request for execution of the judicial commission.

Chapter V

IMPLEMENTING PROVISIONS

Article 23. Execution of Requests for Mutual Legal Assistance by Other State Authorities

Other state authorities of Vietnam, if there is a request for mutual legal assistance or execution of a judicial commission from a foreign competent authority, shall follow the procedures and formalities for mutual legal assistance similar to those prescribed for the Courts in this Circular.

Article 24. Updating and Notifying the List of International Treaties and Agreements on Mutual Legal Assistance in Civil Matters Effective Between Vietnam and Foreign Countries

Annually, the Ministry of Justice shall be responsible for updating the list of international treaties and agreements on mutual legal assistance in civil matters effective between Vietnam and foreign countries and sending it to the Ministry of Foreign Affairs and the Supreme People's Court.

Article 25. Updating and Notifying the Names of Countries and Territories That Have Agreements or Precedents Applying the Principle of Reciprocity with Vietnam in Mutual Legal Assistance in Civil Matters

Annually, the Ministry of Foreign Affairs shall be responsible for updating the names of countries and territories that have agreements or precedents applying the principle of reciprocity with Vietnam in mutual legal assistance in civil matters and sending them to the Ministry of Justice and the Supreme People's Court.

Article 26. Responsibility for Notifying the Results of Execution of Judicial Commissions

1. Within their respective jurisdictions, the Ministry of Justice and the Ministry of Foreign Affairs shall be responsible for checking, urging, and notifying the results of the execution of requests for mutual legal assistance in civil matters from foreign countries within the time limits prescribed by law.

2. Within their respective jurisdictions, the Courts and other competent authorities shall be responsible for executing judicial commissions from foreign competent authorities and notifying the results of the execution of judicial commissions within the time limits prescribed by law.

Article 27. Evaluation, Interim Summary, and Final Summary of the Implementation of Mutual Legal Assistance in Civil Matters

The Ministry of Justice shall take the lead and coordinate with the Ministry of Foreign Affairs and the Supreme People's Court to organize annual meetings to evaluate the implementation of mutual legal assistance in civil matters, provide information on international treaties on mutual legal assistance between Vietnam and other countries, agreements applying the principle of reciprocity, foreign laws on this matter, the implementation status of foreign countries and Vietnamese representative offices abroad regarding Vietnam's judicial commissions in civil matters.

Article 28. Effective Date

1. This Circular takes effect from December 1, 2011.

2. This Circular shall not be applied to appeal against final judgments and decisions in civil cases resolved according to the law, except in cases where there are other grounds.

3. For civil cases accepted by the Court before the date this Circular takes effect, but which are newly tried at first instance, second instance, cassation, or revision after the date this Circular takes effect, this Circular shall apply to resolve such cases.

Article 29. Implementation Organization

During the implementation of this Circular, if there are difficulties or new issues arise, provincial people's courts and other state authorities shall report to the Ministry of Justice, the Ministry of Foreign Affairs, and the Supreme People's Court for prompt resolution./.