Chương XXXVI Bộ luật Tố tụng dân sự 2004: Tương trợ tư pháp trong tố tụng dân sự

Chapter XXXVI

JUDICIAL ASSISTANCE IN CIVIL PROCEDURES

Article 414.- Principles for judicial assistance in civil procedures

1. Judicial assistance in civil procedures between Vietnamese courts and foreign courts shall be effected on the principle of respect for each other’s national independence, sovereignty and territorial integrity, non-interference in each other’s internal affairs, equality and mutual benefits and in compliance with the international treaties which the Socialist Republic of Vietnam has signed or acceded to and with Vietnamese laws.

2. In cases where the Socialist Republic Vietnam and foreign countries have not yet signed or acceded to international treaties prescribing the juridical assistance in civil procedures, the judicial assistance in civil precedures may be accepted by Vietnamese courts on the principle of reciprocality but must not be contrary to Vietnamese laws, international laws and practices.

Article 415.- Judicial entrustment

1. Vietnamese courts may judicially entrust foreign courts or be judicially entrusted by foreign courts to conduct a number of civil-proceeding activities under the provisions of international treaties which Vietnam has signed or acceded to or on the principle of reciprocality.

2. Vietnamese courts shall decline judicial entrustment from foreign courts in the following cases:

a) The exercise of judicial entrustment infringes upon the sovereignty of Vietnam or threatens the security of Vietnam;

b) The exercise of judicial entrustment does not fall within the jurisdiction of Vietnamese courts.

Article 416.- Formalities for judicial entrustment

1. The judicial entrustment by Vietnamese courts to foreign courts or by foreign courts to Vietnamese courts must be made in written documents, which shall be sent to competent Vietnamese agencies under the provisions of the international treaties which Vietnam has signed or acceded to or the provisions of Vietnamese law.

2. After receiving the judicial entrustment documents, the competent Vietnamese agencies must immediately send them to the Vietnamese courts or to the foreign agencies competent to receive the entrustment documents of Vietnamese courts.

Article 417.- Judicial entrustment documents

1. A judicial entrustment document must contain the following principal details:

a) The date on which the document is made;

b) Name and address of the entrusting court;

c) Name and address of the entrusted court;

d) Full name and address of the individual, agency or organization related to the judicial entrustment;

e) Contents of the entrustment;

f) Requests of the entrusting court.

2. Judicial entrustment documents must be accompanied by papers and/or documents necessary for the realization of the entrustment, if any.

Article 418.- Recognizing papers or documents made, issued or certified by foreign competent agencies

1. Vietnamese courts shall recognize papers and documents made, issued, or certified by foreign competent agencies in accordance with foreign laws or outside the Vietnamese territory if such papers or documents have been consularly legalized except otherwise provided for by international treaties which Vietnam has signed or acceded to.

2. Papers and documents made in foreign languages must be accompanied by their Vietnamese versions lawfully notarized or authenticated when being sent to Vietnamese courts.