Chương X Bộ luật Tố tụng dân sự 2004: Cấp, tống đạt, thông báo văn bản tố tụng

Chapter X

ISSUANCE, SENDING AND NOTIFICATION OF PROCEDURAL DOCUMENTS

Article 146.- Obligation to issue, send or notify procedural documents

The courts, the procuracies and the judgment-executing agencies bodies have the obligation to issue, send or notify procedural documents to the involved parties, other participants in procedures and relevant individuals, agencies and/or organizations according to the provisions of this Code.

Article 147.- Procedural documents to be issued, sent or notified

1. Judgments and decisions of courts.

2. Lawsuits petitions, appeals, protest decisions.

3. Written notices, summons, invitations in civil procedures.

4. Receipts of collection of court fee or charge advances, court fees, charges and other expenses.

5. Other procedural documents prescribed by law.

Article 148.- Persons effecting the issuance, sending or notification of procedural documents.

1. The issuance, sending or notification of procedural documents shall be carried out by the following persons:

a) Civil procedure-conducting persons or people of the procedure document-promulgating agencies who are tasked to issue, send or notify procedural documents;

b) The commune-level People's Committees of the localities where the civil procedure participants reside or the agencies or organizations where the civil procedure participants work when so requested by courts;

c) The involved parties, their representatives or the defense counsels of the involved parties' legitimate rights and interests in the cases prescribed by this Code.

d) Postmen;

e) Other persons defined by law.

2. Persons who are obliged to effect the issuance, sending or notification but fail to properly perform their responsibilities, shall, depending on the nature and seriousness of their violation, be disciplined, administratively handled or examined for penal liability; if causing damage, they must compensate therefor according to law provisions.

Article 149.- Modes of issuing, sending or notifying procedural documents

The issuance, sending or notification of procedural documents may be effected by the following modes:

1. Issuance, sending or notification is effected directly or by post office or by the authorized third person;

2. Public posting;

3. Announcement on the mass media.

Article 150.- Validity of the issuance, sending or notification of procedural documents

1. The issuance, sending or notification of procedural documents, which is carried out in accordance with this Code, shall be considered valid.

2. The persons who are obliged to effect the issuance, sending or notification of procedural documents must comply with the provisions of this Code.

The persons who are obliged to execute the procedural documents that have been issued, sent or notified must strictly execute them; in case of failure to execute them or improper execution thereof, they shall, depending the nature and seriousness of their violation, be administratively sanctioned or examined for penal liability; if causing damage, they must compensate therefor according to law provisions.

Article 151.- Procedures for direct issuance, sending or notification

The persons effecting the issuance, sending or notification of procedural documents must directly hand the relevant procedural documents to the persons to whom such documents are issued, sent or notified. The latter must sign in the minutes or books recording the delivery and receipt of procedural documents. The time for calculating the procedural time limit is the date when they are issued or sent with, or notified of, the procedural documents.

Article 152.- Procedures for direct issuance, sending or notification to individuals

1. If the persons to whom procedural documents are issued, sent or notified are individuals, the procedural documents must be delivered directly to them.

2. If they are absent, the procedural documents may be handed to their relatives who have full civil act capacity and live with them, then request such persons to pledge to personally hand the documents to the former. The date when the co-residing relatives sign for the receipt of the documents shall be considered the date of issuance, sending or notification.

Where the former do not have any relatives who have full civil act capacity and live with them or their relatives refuse to receive the procedural documents on their behalf, such procedural documents can be handed over to the population group leaders, village or hamlet chiefs (hereinafter referred collectively to as population group leaders), People's Committees or police offices of the communes, wards or district townships where the persons to whom the procedural documents are issued, sent or notified reside and request such persons to hand the documents in persons to them.

3. If the issuance, sending or notification is effected through other persons, the issuers, senders or notifiers must make a minutes clearly stating the absence of the persons to whom the documents are sent or notified; the persons to whom the procedural documents are delivered; reasons; the date and time of delivery; the relationship between the persons to whom the procedural documents are issued, sent or notified and the persons to whom the procedural documents are delivered, the latter's pledge to deliver the documents in person to the former. The minutes must be signed by the persons who undertake to deliver the procedural documents and the issuers, senders or notifiers and the witnesses.

4. Where the persons to whom the procedural documents are issued, sent or notified have moved to new places with a new addresses, the documents must be issued, sent or notified to them according to their new addresses.

5. Where the persons to whom the procedural documents are issued, sent or notified are absent and the time of their return or their addresses are not known, the issuers, senders or notifiers must make record on failure to issue, send or notify, which shall be signed by the persons who have supplied the information.

6. Where the persons to whom the procedural documents are issued, sent or notified refuse to receive such documents, the issuers, senders or notifiers must make records thereon clearly stating reasons therefor, with certification by population group leaders, commune/ward/district township People's Committees or police offices of their refusal to receive the procedural documents.

Article 153.- Procedures for direct issuance, sending or notification to agencies, organizations

Where the persons to whom the procedural documents are issued, sent or notified are agencies or organizations, the procedural documents must be delivered directly to their representatives at law or persons responsible for the receipt thereof, who must sign the receipts. Where the agencies or organizations to which the documents are issued, sent or notified have their representatives to receive the procedural documents, such persons shall sign for the receipt thereof. The date of signing for receipt shall be regarded as the date of issuance, sending or notification.

Article 154.- Procedures for public posting

1. The public posting of procedural documents shall be effected only when the whereabouts of the persons to whom the procedural documents are issued, sent or notified are not known or when the direct issuance, sending or notification cannot be conducted.

2. The public posting of procedural documents shall be conducted by courts directly or by the commune-level People's Committees under courts' authorization, of the localities where the persons to whom the procedural documents are issued, sent or notified reside or reside last according to the following procedures:

a) Posting the originals of the procedural documents at the offices of the courts or the commune-level People's Committees of the localities where the persons to whom the documents are issued, sent or notified reside or reside last;

b) Posting the copies thereof at the places of residence or last residence of such persons to whom the documents are issued, sent or notified;

c) Making records on the public-posting procedures, clearly stating the date of posting.

3. The duration for public posting of procedural documents shall be fifteen days as from the date of posting.

Article 155.- Procedures for announcement on the mass media

1. The announcement on the mass media shall be effected only when it is so provided for by law or when there are grounds to believe that the public posting does not guarantee that the persons to whom the procedural documents are issued, sent or notified get the information on such documents.

The announcement on the mass media can be effected if so requested by the other involved parties. The fees for announcement on the mass media shall be borne by the announcement requesters.

2. Announcement on the mass media shall be published on central dailies for three consecutive issues, and broadcast on the central radio or television station three times for three consecutive days.

Article 156.- Notification of results of issuance, sending or notification of procedural documents

Where the persons that issue, send or notify the procedural documents are neither courts nor procedural document-issuing agencies, nor their officials, such persons must notify the results of issuance, sending or notification of procedural documents to the courts or the agencies issuing such procedural documents.