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THE MINISTRY OF JUSTICE - THE MINISTRY OF FOREIGN AFFAIRS - THE SUPREME PEOPLE’S COURT

Joint Circular No. 12/2016/TTLT-BTP-BNG-TANDTC dated October 19, 2016 of the Ministry of Justice, the Ministry of Foreign Affairs, the Supreme People’s Court on procedures for mutual legal assistance in civil matters

Pursuant to the Law on mutual legal assistance dated November 21, 2007;

Pursuant to the Government's Decree No. 92/2008/ND-CP dated August 22, 2008 on guidelines for the Law on mutual legal assistance;

The Minister of Justice, the Minister of Foreign Affairs and the Chief Justice of the Supreme People’s Court jointly promulgate a Joint Circular on procedures for mutual legal assistance in civil matters.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of adjustment

This Joint Circular deals with rules, procedures, and competence in provision of mutual legal assistance in civil matters and responsibilities of Vietnamese regulatory agencies in the mutual legal assistance in civil matters.

Article 2. Subject of application

This Joint Circular applies to Vietnamese agencies, organizations, and individuals and foreign agencies, organizations, and individuals that are involved in the mutual legal assistance in civil matters.

Article 3. Interpretation of terms

For the purposes of this Joint Circular, the terms below shall be construed as follows:

1. Vietnamese judicial request is a written request issued by a Vietnamese competent authority that requests a foreign competent authority to render one or a number of mutual legal assistance activities in civil matters.

2. Foreign judicial request is a written request issued by a foreign competent authority that requests a Vietnamese competent authority to render one or a number of mutual legal assistance activities in civil matters.

3. Payers of costs incurred in executing Vietnamese judicial requests (hereinafter referred to as Vietnamese request payers) include but are not limited to:

a) Any of litigants prescribed in Article 152 and 153 of the Civil Procedure Code 2015 in terms of requests for service of procedural documents, taking of evidence to settle civil cases and matters and requests for service of appeal decisions, cassation decisions, and reopening decision;

b) Any of agencies, organizations, or individuals that request the enforcement of a judgment/decision of a court or an arbitrator resulting in requests abroad.

4. Payers of costs incurred in executing foreign judicial requests (hereinafter referred to as foreign request payers) are foreign agencies, organizations, and individuals that have addressed judicial requests to Vietnam.

5. Hague Service Convention is Convention on Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, signed at the Hague in 1965.

6. Primary service channel is the method of forwarding documents to be served through a Central Authority of the Requested State in accordance with regulations of Article 2 through Article 7 of Hague Service Convention.

7. Indirect consular channel is the method of forwarding documents to be served through consular agents of the Requesting State and competent authorities of the Requested State as prescribed in paragraph 1 Article 9 of Hague Service Convention.

8. Indirect diplomatic channel is the method of forwarding documents to be served through diplomatic agents of the Requesting State and competent authorities of the Requested State as prescribed in paragraph 2 Article 9 of Hague Service Convention.

9. Direct diplomatic and consular channel is the method of forwarding documents to be served to addressees through diplomatic agents or consular agents of the State in which the documents originate without through competent authorities of the State addressed as prescribed in Article 8 of Hague Service Convention.

Article 4. Application of foreign laws in mutual legal assistance in civil matters

1. Any of foreign laws shall apply in accordance with Clause 2 Article 3 of the Law on mutual legal assistance if all of the following requirements are met:

a) There has been an international treaty on mutual legal assistance between Vietnam and such foreign country associated with the issue concerned;

b) There has been a request for applying laws of such foreign country issued by its competent authority;

c) Any consequence arising from the application of laws of such foreign country shall be consistent with basic principles of Vietnamese laws.

2. The Ministry of Justice shall take charge and cooperate with the Supreme People’s Court and the Ministry of Foreign Affairs in considering the application of foreign laws. In a case where any of requirements specified in Clause 1 of this Article is not met or it fails to apply foreign laws, the Ministry of Justice shall reply the competent authorities of the foreign country in writing or request the Ministry of Foreign Affairs to reply requests for application of foreign laws that are sent through diplomatic channel.

Article 5. Application of principle of reciprocity in mutual legal assistance in civil matters

A Vietnamese competent authority reserves right to refuse provision of the mutual legal assistance in civil matters for a foreign country according to the principle of reciprocity in mutual legal assistance in civil matters between Vietnam and such foreign country as prescribed in Clause 2 Article 4 of the Law on mutual legal assistance when:

1. There are substantial grounds for believing that the foreign party fails to provide mutual legal assistance in civil matters for Vietnam.

2. The provision of the assistance is not consistent with basic principles of Vietnamese laws.

Article 6. Costs of executing requests in civil matters

1. Persons prescribed in Clause 3 Article 3 of this Joint Circular must pay costs of executing requests, unless otherwise prescribed by the laws or international treaties to which Vietnam is a signatory.

2. Costs of executing Vietnamese judicial requests include fees, charges and actual costs incurred during the process of executing requests in accordance with Vietnamese laws and relevant foreign laws.

3. Costs of executing foreign judicial requests include fees, charges and actual costs incurred during the process of executing requests in accordance with Vietnamese laws.

4. Amounts, collecting authorities and procedures for collection of fees/charges for Vietnamese judicial requests and foreign judicial requests shall be consistent with laws on fees and charges.

5. According to a particular Vietnamese judicial request, the actual costs of executing the request shall include one or a number of costs below:

a) Costs of translation, notarization, and authenticity of requests;

b) Costs of service of request abroad;

c) Costs of taking or giving of evidence abroad;

d) Extraordinary costs (if any) in accordance with Vietnamese laws and relevant foreign laws.

6. According to a particular foreign judicial request, the actual costs of executing the request shall include one or a number of costs below:

a) Costs of service of request forwarded by entities in charge of service of process in accordance with Vietnamese laws;

b) Costs of taking and giving of evidence;

c) Costs of executing request on special requirements of the foreign party;

d) Extraordinary costs (if any) in accordance with Vietnamese laws.

7. Actual costs of executing request prescribed in Clause 5 and Clause 6 of this Article that are collected as prescribed in Articles 7, 8, and 9 of this Joint Circular.

Article 7. Collection and payment of actual costs of executing Vietnamese judicial requests

1. Domestic actual costs shall be directly paid by the Vietnamese request payers to the service providers.

2. With regard to actual costs collected by a foreign competent authority:

a) In a case where an amount of actual costs has been determined in accordance with laws of foreign party at the time which an authority which is competent to make a Vietnamese judicial request (hereinafter referred to as Vietnamese judicial requesting authority) prepare documents, such authority shall notify the Vietnamese request payer of payment of such expenses for the foreign competent authority in accordance with Vietnamese laws and relevant foreign laws.

b) In a case where the actual costs have not been determined at the time which the Vietnamese judicial requesting authority prepare documents, such authority shall notify the Vietnamese request payer of paying an advance of VND 3 million to the civil enforcement agency of the province where the Vietnamese judicial requesting authority is located. The amount of such advance shall cover the actual costs at the request of the foreign competent authorities and expenses associated with fund transfer abroad made by the civil enforcement agency.

Article 8. Procedures for transferring and paying advances on actual costs of executing Vietnamese judicial requests ex

An advance on actual costs of executing a Vietnamese judicial request shall be transferred and paid in accordance with Point b Clause 2 Article 7 of this Joint Circular as follows:

1. The civil enforcement agency shall open an account at a commercial bank for the purpose of transfer actual costs of executing the Vietnamese judicial request to a foreign competent authority.

2. Upon receipt of a document determining the actual costs of executing the request sent by the foreign competent authority, the receiving authority shall forward the document to the Vietnamese judicial requesting authority in accordance with the procedures prescribed in Article 15 of this Joint Circular.

3. Within 03 working days, from the date on which the document sent by the foreign competent authority is received, the Vietnamese judicial requesting authority shall forward this document and notify the civil enforcement agency and Vietnamese request payer of the actual costs upon request of the foreign competent authority.

4. Within 07 working days from the date on which the document sent by the Vietnamese judicial requesting authority is received, the civil enforcement agency shall pay the actual costs to the foreign party as follows:

a) In case of sufficient advance on actual costs paid to the foreign competent authority and expenses associated with the fund transfer abroad, the civil enforcement agency shall make the fund transfer to the foreign party upon request of the foreign competent authority.

b) In case of insufficient advance on actual costs paid to the foreign competent authority and expenses associated with the fund transfer abroad, the civil enforcement agency of province shall notify the Vietnamese request payer of the outstanding amount and deadlines for additional payments.

Upon expiry of the given deadline, if the Vietnamese request payer fails to pay the outstanding amount, the civil enforcement agency shall transfer the amount of advance which is deducted from expenses associated with the fund transfer abroad to the foreign competent authority in the case where the foreign competent authority has returned results of request or has notified the authority competent to execute the request in accordance with regulations of law if the foreign party requests to pay full actual expenses before the executing Vietnamese judicial request.

5. Upon the fund transfer to the foreign party, the civil enforcement agency shall notify the Vietnamese judicial requesting authority and the Vietnamese request payer in writing of performed work, outstanding amount to be paid additionally and the excess amount of advance.

In the written notification, the civil enforcement agency shall specify a given time limit in order for the Vietnamese request payer to receive the excess of advance (if any) in terms of the request related to civil judgment enforcement, service of appeal decisions, cassation or reopening decisions.

With respect to requests for first-instance trial courts and appellate trial courts, the civil enforcement agency of province shall return the excess of advance to the Vietnamese request payer upon decisions issued by the court in charge of such civil cases/matters.

6. In a case where the results of request has been not receipt or the it has failed to executed the request for the reason that the request payer failed to pay outstanding amount of advance; or the foreign competent authority notify that the actual costs shall be collected, the Vietnamese judicial requesting authority shall return the advance to the payer upon the completion of the civil matter. The civil enforcement agency shall return the advance to the payer in accordance with the above-mentioned decision.

Article 9. Collection and payment of actual costs of executing foreign judicial requests

1. In a case where actual costs have been determined at the time which the Vietnamese competent authority receives documents on request, such authority shall require the foreign competent authority to pay those actual costs to a Vietnamese competent authority.

2. In a case where actual costs have not been determined at the time of receipt of the request, within 05 working days from the date of determination, the Vietnamese authority competent to execute the foreign judicial request shall notify the foreign competent authority of amount of expenses, method of payment and the payment period that does not exceed 60 days from the date of notification.

Within 05 working days from the deadline specified in the notification, if the foreign competent authority has failed to pay the actual costs, the Vietnamese authority competent to execute the foreign judicial request shall notify the foreign competent authority of the failure to execute the request and return relevant documents.

The procedures for notification of collection of expenses and returning of documents to the foreign competent authority shall be carried out in accordance with Article 21 of this Joint Circular.

Chapter II

EXECUTING VIETNAMESE JUDICIAL REQUESTS

Article 10. Competence to request Vietnamese judicial request

1. The Vietnamese judicial requesting authorities consist of the Supreme People’s Court; Superior People’s Courts; People’s Courts of provinces; civil enforcement agencies of provinces; the Supreme People’s Procuracy; Superior People’s Procuracies; People’s Procuracies of provinces and other competent agencies in accordance with regulations of law.

2. If a People’s Court of district, a People’s Procuracy of district, or a civil enforcement agency of district, during the settlement of a civil matter or the enforcement of a civil judgment, discover that the need of request abroad arises, it shall send documents as prescribed in Article 11 of the Law on mutual legal assistance and Article 11 of this Joint Circular to the respective authority at the provincial level prescribed in Clause 1 of this Article.

Article 11. Vietnamese judicial requests

1. A request shall be made in triplicate annexed to documents prescribed in Article 11 of the Law on mutual legal assistance as follows:

a) A proposal for judicial request in civil matters shall be made using form No. 01 issued herewith;

b) A letter of request prescribed in Article 12 of the Law on mutual legal assistance shall be made using form No. 02A issued herewith. In a case where request for service of judicial documents is made through primary channel of Hague Service Convention, the letter of request shall be made using form No. 02B issued herewith;

c) Other documents at the request of competent authorities of the Requested State (if any);

d) Other documents serving the execution of request by Vietnamese judicial requesting authorities

2. Each request shall be made in the following forms:

a) Documents specified in Points a, b, and c Clause 1 of this Article shall be signed by persons competent to settle certain civil matters that have requested request unless the letter of request has been made using form No. 02B issued herewith.

b) Documents prescribed in Points a and Point b Clause 1 of this Article shall be originals and other documents in service of the execution of request shall be originals or copies. Any of copies and translations of those documents prescribed in Points b, c, and d Clause 1 of this Article shall be duly authenticated as prescribed by law. With regard to any of documents other than those made or certified by a competent authority, the competent authority of the locality where the documents establishing the request are prepared shall collate its copy and its original and bear the certification thereon in case of similarity;

c) In a case where a civil matter subject to request for judicial assistance involves one or multiple litigants with different addresses, separate request shall be made according to each litigant’s address;

d) In a case where a civil matter subject to request for judicial assistance involves multiple scopes as specified in Article 10 of the Law on mutual legal assistance, separate request shall be made according to each scope of mutual legal assistance, unless request for service of judicial documents requires statements, materials from litigants.

3. The request shall be made in the language prescribed in Article 5 of the Law on mutual legal assistance. In a case where a Vietnamese authority competent to prepare judicial requests is unable to determine the official language or another language which is accepted by the Requested State, the Vietnamese judicial requesting authority shall send a written notice to the Ministry of Foreign Affairs for consideration. Within 03 working days from the date on which the notice of the Vietnamese judicial requesting authority is received, the Ministry of Foreign Affairs shall ask a foreign competent authority about the language to be used in mutual legal assistance. Within 03 working days from the date on which a reply of the foreign party is received, the Ministry of Foreign Affairs shall forward it to the Vietnamese authority competent to prepare requests.

Article 12. Eligibility of Vietnamese judicial requests

A request shall be considered eligible when all of the following conditions are met:

1. The request is in accordance with Article 11 of this Joint Circular.

2. There are receipts of fees/charges and certification of payment of actual costs to foreign competent authority in accordance with Point a Clause 2 Article 7 or receipts of payment of advance on actual costs prescribed in Point b Clause 2 Article 7 of this Joint Circular.

Article 13. Procedures for receipt and delivery of Vietnamese judicial requests at the Ministry of Justice

Within 10 working days from the date on which a Vietnamese judicial request is received, the Ministry of Justice shall keep record of this request and verify its eligibility in accordance with Article 12 of this Joint Circular and perform the following tasks:

1. In case of eligible request, one of the procedures below shall be followed:

a) Forward the judicial requests through primary service channel or to the foreign competent authority in accordance with the international treaty to which Vietnamese and such country is a member;

b) Forward the judicial requests to the Ministry of Foreign Affairs for being served through diplomatic channel in case of absence of an international treaty on mutual legal assistance in civil matters or an arrangement on application of reciprocity principle between Vietnam and such country;

c) Forward the judicial requests through indirect diplomatic channel or indirect consular channel at the proposal of the Vietnamese judicial requesting authority or in case of failure to serve them through primary service channel.

2. In case of ineligible request as prescribed in Article 11 and Article 12 of this Joint Circular, the Ministry of Justice shall return this request to the authority from which it is addressed and provide explanation.

Article 14. Procedures for receipt and delivery of Vietnamese judicial requests at the Ministry of Foreign Affairs and overseas representative agents of Vietnam

1. Upon receipt of a request forwarded by the Ministry of Justice, the Ministry of Foreign Affairs shall keep record of such request and forward it to an overseas representative agent of Vietnam.

2. Upon receipt of the request forwarded by the Ministry of Foreign Affairs, the overseas representative agent of Vietnam shall keep record of such request and forward it to a foreign competent authority within 05 working days from the date of receipt.

3. The service of judicial documents through direct diplomatic and consular channel in accordance with Hague Service Convention for Vietnamese citizens or foreign citizens that is not opposed by such country or is permitted by its internal laws shall be effected in accordance with guidelines of the Ministry of Foreign Affairs and the Supreme People’s Court.

Article 15. Notification of results and progress of executing Vietnamese judicial requests

1. Within 05 working days from the date on which the results of executing a request and enclosed documents (if any) forwarded by a foreign competent authority are received, the overseas representative agent of Vietnam shall forward them to the Ministry of Foreign Affairs.

2. Within 05 working days from the date on which the results of executing a request and enclosed documents (if any) forwarded by the overseas representative agent of Vietnam are received, the Ministry of Foreign Affairs shall forward them to the Ministry of Justice.

3. Within 05 working days from the date on which the results of executing a request and enclosed documents (if any) are received, the Ministry of Justice shall forward them to the Vietnamese judicial requesting authority.

4. In a case where the Vietnamese judicial requesting authority requests the Ministry of Justice to require the foreign competent authority to notify the progress of executing the request, the procedure for sending such request and notification of reply shall follow Article 13, 14, and 15 of this Joint Circular.

Article 16. Addressing results of requests at Vietnamese judicial requesting authorities

1. The results of requests for the settlement of civil matters shall be addressed in accordance with law on civil procedures.

2. The results of requests for the settlement of civil judgment enforcement shall be addressed in accordance with law on civil judgment enforcement.

3. The results of requests for the settlement of other petitions shall be addressed in accordance with relevant laws.

Chapter III

EXECUTING FOREIGN JUDICIAL REQUESTS

Article 17. Competence to execute foreign judicial requests

1. Vietnamese authorities competent to execute foreign judicial requests consist of:

a) People’s Courts of provinces;

b) Civil enforcement agencies of provinces in case that foreign judicial requests relate to civil judgment enforcement;

c) Bailiffs in charge of service of judicial documents as prescribed by law.

During the process of executing foreign judicial requests, any of People’s Courts of provinces, civil enforcement agencies of provinces may request any of agencies, organizations, and individuals to give evidence or information in accordance with law on civil procedures and civil judgment enforcement.

2. Competence of Vietnamese authorities competent to execute foreign judicial requests shall be exercised within the following scope:

a) At the place where the addressee being in individual resides or works or where the addressee being an entity's headquarter or branch is located at the proposals of the foreign competent authority;

b) At the place where the witness or expert witness resides or works;

c) At the place where the taking or giving of evidence is carried out.

Article 18. Foreign judicial requests

A foreign judicial request shall consist of the following:

1. Documents prescribed in an international treaty on mutual legal assistance in civil matters to which Vietnam and such country are members. Documents prescribed in Article 11 and Article 12 of the Law on mutual legal assistance in case of absence of an international treaty on mutual legal assistance in civil matters to which Vietnam and a country are members.

2. There are receipts of fees/charges for foreign judicial request in civil matters in Vietnam in accordance with applicable regulations on fees/charges for judicial requests in civil matters and actual costs (if any).

Article 19. Receipt and verification of eligibility of foreign judicial requests

1. The Ministry of Justice shall receive foreign judicial requests as prescribed in an international treaty on mutual legal assistance in civil matters to which Vietnam and such country are members or through primary channel, indirect diplomatic channel, and indirect consular channel of Hague Service Convention.

Within 05 working days from the date on which a foreign judicial request is received, the Ministry of Foreign Affairs shall forward it and enclosed documents (if any) to the Ministry of Justice.

2. Within 10 working days from the date on which the foreign judicial request is received, the Ministry of Justice shall keep record of the judicial request and verify its eligibility and perform the following tasks:

a) In case of eligible judicial request, the Ministry of Justice shall forward it to a competent authority of Vietnam prescribed in Article 17 of this Joint Circular;

b) In case of ineligible judicial request, the Ministry of Justice shall return it or assign the Ministry of Foreign Affairs to return it to the foreign competent authority and provide explanation.

Article 20. Procedures and time limit for executing foreign judicial requests

1. Within 07 working days from the date on which a foreign judicial request is received, a competent authority of Vietnam shall keep record of the judicial request and perform the following tasks:

a) Receive the request for the purpose of execution in case that the civil matter concerned is intra vires;

b) Return the request to the Ministry of Justice in case that the civil matter concerned is ultra vires;

c) In a case where additional information or material is required or actual costs arise in relation with the executing of request, within 05 working days from the date on which the aforesaid information or material, or the actual costs are determined, a competent authority of Vietnam shall notify the foreign competent authority of such addition as prescribed in Article 21 or pay the actual costs as prescribed in Article 9 of this Joint Circular.

2. The competent authority of Vietnam shall apply the following regulations to execute a foreign request:

a) Apply regulations of law on civil procedures and civil judgment enforcement in a manner similarly to domestic civil matters;

b) Apply a particular method at the request of the foreign competent authority. In a case where the competent authority prescribed in Article 4 of this Joint Circular has applied foreign laws but a particular method has not been applied in reality, the competent authority shall notify such failure; the Ministry of Justice shall notify the foreign competent authority thereafter of such results according to the procedure for provision of results of executing foreign judicial requests.

3. The competent authority of Vietnam shall execute the foreign request within the time limit as required by the foreign competent authority in accordance with the given international treaty to which Vietnam is a member. In a case where the foreign competent authority fails to determine the time limit, it shall not exceed 90 days from the date on which the competent authority of Vietnam receives the document from the Ministry of Justice.

Upon expiry of afore-mentioned time limit, if the competent authority of Vietnam has not been execute the judicial request, this authority shall notify the Ministry of Justice and provide explanation.

4. In case of any actual costs arising during the executing of foreign request, the competent authority of Vietnam may postpone the execution until payment of full amount of actual costs.

Article 21. Procedures and time limit for results of executing foreign judicial requests

1. Within 05 working days from the completion of the method prescribed in Article 20 of this Joint Circular, the competent authority of Vietnam shall send a notice of results using form No. 03 issued herewith in duplicate and enclosed documents (if any) to the Ministry of Justice.

2. Within 05 working days from the receipt of notice, the Ministry of Justice shall forward the notice and enclosed documents (if any) to the competent authority of the Requesting State in accordance with the international treaty or to the Ministry of Foreign Affairs in case of judicial request addressed through the Ministry of Foreign Affairs.

3. Within 05 working days from the receipt of the notice and enclosed documents (if any), the Ministry of Foreign Affairs shall forward them to the competent authority of the Requesting State in which the judicial request originates.

4. In a case where the foreign competent authority requires information about the progress of executing request, the procedure for receipt, delivery and reply to such request shall be carried out similarly to that in relation with notice of results of foreign judicial requests. Time limit assigned in each competent authority of Vietnam is 05 working days from the date of receipt.

Chapter IV

RESPONSIBILITIES OF RELEVANT AUTHORITIES

Article 22. Responsibilities of the Ministry of Justice

1. Inspect, expedite, and notify results of executing foreign judicial requests and Vietnamese judicial request in case of presence of international treaties on mutual legal assistance in civil matters between Vietnam and foreign countries.

2. Update international treaties on mutual legal assistance in civil matters coming into force to which Vietnam is a signatory on the website of the Ministry of Justice.

3. Update regulations on language requirements for request documents, fees/charges and other regulations related to foreign countries that have signed or have not signed international treaties on mutual legal assistance in civil matters with Vietnam on the basis of information provided the Ministry of Foreign Affairs. The aforesaid information shall be posted in the website of the Ministry of Justice.

4. Take charge and cooperate with the Ministry of Foreign Affairs in determination and update of progress of executing Vietnamese judicial requests to serve as basis for refusal of foreign judicial requests according to the principle of reciprocity. The aforesaid information shall be posted in the website of the Ministry of Justice.

5. Perform other tasks in accordance with the Law on mutual legal assistance and relevant legislative documents.

Article 23. Responsibilities of the Ministry of Foreign Affairs

1. Inspect, expedite, and notify results of executing foreign judicial requests and Vietnamese judicial requests in a case that judicial requests are addressed through diplomatic channel or direct diplomatic and consular channel in accordance with Hague Service Convention.

2. Update regulations on language requirements for request documents, fees/charges and other regulations related to foreign countries to which Vietnamese judicial requests are addressed in case that those countries have not signed international treaties on mutual legal assistance in civil matters with Vietnam. The aforesaid information shall be posted in the website of the Ministry of Justice and forwarded to the Ministry of Justice for common update.

3. Provide information about costs of executing judicial requests abroad as required by competent authorities of Vietnam; support the fund transfer for the purpose of executing judicial requests to foreign competent authorities in special cases.

4. Cooperate with the Ministry of Justice in determination and update of progress of executing Vietnamese judicial requests abroad.

5. Send annual reports on of the progress of executing Vietnamese judicial requests and foreign judicial requests within its competent, progress of requests for service of procedural documents related to overseas Vietnamese citizens to the Ministry of Justice or upon request.

6. Declare and update addresses and central contacts in respect of judicial requests of overseas representative agents of Vietnam in the website of the Ministry of Foreign Affairs.

7. Perform other tasks in accordance with the Law on mutual legal assistance and relevant legislative documents.

Article 24. Responsibilities of the Supreme People’s Court

1. Cooperate, inspect, and expedite courts in charge to execute mutual legal assistance in accordance with this Joint Circular and relevant law provisions.

2. Cooperate with the Ministry of Justice and The Ministry of Foreign Affairs in guidelines for executing of judicial requests in civil matters and review and summarize the progress of execution.

3. Perform other tasks in accordance with the Law on mutual legal assistance and relevant legislative documents.

Article 25. Responsibilities of competent authorities of Vietnam in mutual legal assistance in civil matters

1. Execute judicial requests in accordance with this Joint Circular and relevant law provisions.

2. Notify judicial request payers of amounts and methods of paying costs of executing judicial requests in accordance with law on fees and charges and this Joint Circular.

3. Send annual reports on progress of executing foreign judicial requests to the Ministry of Justice and the Ministry of Foreign Affairs or upon request.

4. Perform other tasks in accordance with the Law on mutual legal assistance and relevant legislative documents.

Chapter V

IMPLEMENTATION ORGANIZATION

Article 26. Effect

1. This Joint Circular takes effect on December 6, 2016 and replaces Joint Circular No. 15/2011/TTLT-BTP-BNG-TANDTC dated September 15, 2011 of the Ministry of Justice, the Ministry of Foreign Affairs, and the Supreme People’s Court on guidelines for regulations on mutual legal assistance in civil matters of the Law on mutual legal assistance. The service of procedural documents for overseas Vietnamese through Vietnam’s representative bodies overseas shall be affected in accordance with regulations of the Supreme People’s Court and including.

2. This Joint Circular No. 15/2011/TTLT-BTP-BNG-TANDTC dated September 15, 2011 of the Ministry of Justice, the Ministry of Foreign Affairs, and the Supreme People’s Court on guidelines for regulations on mutual legal assistance in civil matters of the Law on mutual legal assistance shall keep applying to Vietnamese judicial requests and foreign judicial requests that are made before the entry into force of this Joint Circular.

Article 27. Implementation organization

Any difficulties arising during the implementation of this Circular should be reported to the Ministry of Justice, the Ministry of Foreign Affairs, and the Supreme People’s Court for consideration./.

For the Chief Justice of the Supreme People’s Court
The Deputy Chief Justice

Nguyen Thuy Hien

For the Minister Of Foreign Affairs
The Deputy Minister
Nguyen Quoc Dung

The Minister of Justice
The Deputy Minister
Nguyen Khanh Ngoc

 

* All Appendices are not translated herein.

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Department of International Cooperation, The Supreme People’s Court of Viet Nam
Address: 262 Doi Can Street, Ba Dinh District, Ha Noi, Viet Nam
Contact person: Mr.Le Manh Hung, Deputy Director
Tel: +84.24.376.230.36; Mobile: +84.976437814
Email: phapluatquocte@toaan.gov.vn or hunglm@toaan.gov.vn
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