Chương X Bộ luật tố tụng dân sự 2015: Cấp, tống đạt, thông báo văn bản tố tụng

Chapter X

ISSUANCE, SENDING AND NOTIFICATION OF PROCEDURAL DOCUMENTS

Article 170. Obligation to issue, send or notify procedural documents

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

Article 171. Procedural documents to be issued, sent or notified

1. Announcements, written notices, summons, invitations in civil procedures.

2. Judgments and decisions of courts.

3. Appellate decisions of procuracies; documents of civil judgment-executing bodies.

4. Other procedural documents prescribed by law.

Article 172. Persons effecting the issuance, sending or notification of procedural documents

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

1. Civil proceeding officers or people of the procedure document-promulgating agencies who are tasked to issue, send or notify procedural documents;

2. 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;

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

4. Postal service organization officers;

5. Persons with sending function;

6. Other persons defined by law.

Article 173. 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 effected directly or by post office or by the third persons who are authorized to effect the issuance, sending or notification;

2. Issuance, sending or notification effected by electronic means at the request of the involved parties or other participants in accordance with law regulations on electronic transaction;

3. Public posting;

4. Announcement on the mass media;

5. Issuance, sending or notification effected by other modes prescribed in Chapter XXXVIII of this Code.

Article 174. 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 procedural documents that are conformably issued, sent or notified must strictly executive such documents.

Article 175. Procedures for issuance, sending or notification of procedural documents

1. 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.

2. Procedural documents that are issued, sent or notified by post office must be registered mails that are certified by the receivers.

Certified documents must be returned to the Courts.

Time limit for conducting civil procedures shall be calculated from the day on which the receivers certify that they have received the procedural documents from the post office.

Article 176. Procedures for issuance, sending or notification of procedural documents by electronic means

The issuance, sending and notification of procedural documents by electronic means shall be conformable to law on electronic transaction.

The Supreme People’s Court shall provide guidance on the implementation of this Article.

Article 177. Procedures for direct issuance, sending or notification to individuals

1. Procedural documents that are issued, sent or notified to addresses that the involved parties provided for the Courts in modes requested by the involved parties or to the addresses agreed and requested by the involved parties.

2. If the persons to whom procedural documents are issued, sent or notified are individuals, the procedural documents must be delivered directly to them. Involved parties must sign the minutes of receipt as prescribed in clause 1 Article 175 of this Code.

3. If the persons to whom the procedural documents are issued, sent or notified have moved to new residences and have notified the Courts of the change of residences, such procedural documents must be sent to their new residences. Involved parties must append signatures or fingerprints on the minutes of receipt as prescribed in clause 1 Article 175 of this Code. If such involved parties failed to notify the Courts of the change of residences and the new addresses, the Courts shall comply with provisions of Articles 179 and 180 of this Code.

4. 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 or police offices of communes of their refusal. The records must be recorded in the case files.

5. If the persons to whom the procedural documents are issued/sent/notified are absent from the residences, the issuers/senders/notifiers must make records and deliver the documents to their relatives who have fully civil capacity living with them or to their population group leaders, then ask such relatives or population group leaders to append signatures or fingerprints on the minutes of receipt and to undertake to directly deliver the documents to the to be-issued/sent/notified persons. The records must be recorded in the case files.

If the persons to whom the procedural documents are issued/sent/notified are absent from the residences and the time they return is indefinite or their new residences are unknown, the issuers/senders/notifiers must make a records therein with certification of the population group leaders or Police offices of communes; simultaneously, conduct the public posting procedures of the to be-sent documents according to regulations in Article 179 of this Code. The records must be recorded in the case files.

Article 178. Procedures for direct issuance, sending or notification to agencies, organizations

1. 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 participate in the civil procedure or 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.

2. If the persons to whom the procedural documents are issued, sent or notified refuse to receive such documents or are absent, provisions in clauses 4 and 5 Article 177 of this Code shall be complied with.

Article 179. Procedures for public posting

1. The public posting of procedural documents shall be carried out the procedural documents cannot be issued/sent/notified as prescribed in Articles 177 and 178 of this Code.

2. The public posting of procedural documents shall be conducted by Courts directly, or by persons with sending function or commune-level People's Committees of the localities where the involved parties reside or where the agencies/organizations are headquartered that are authorized by the Courts 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, or where the agencies/organizations to which the documents are issued, sent or notified are headquartered or headquartered 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; or at the headquarters or last headquarters of the agencies/organizations to which 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 is 15 days as from the date of posting.

Article 180. 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.

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

3. Announcement on the mass media shall be published on e-portals of the Courts, on one of central dailies for three consecutive issues, and broadcasted on the central radio or television channels three times for 03 consecutive days.

Article 181. 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 immediately notify the results of issuance, sending or notification of procedural documents to the Courts or the agencies issuing such procedural documents.