Chương VII Luật tố tụng hành chính 2010: Cấp, tống đạt, thông báo văn bản tố tụng

Chapter VII

PROVISION. DELIVERY OR NOTIFICATION OF PROCEDURAL DOCUMENTS

Article 92. Obligation to provide, deliver or notify procedural documents

Courts, procuracies and judgment enforcement agencies are obliged to provide, deliver or notify procedural documents to involved parties, other procedure participants and related persons, agencies and organizations under this Law.

Article 93. Procedural documents to be provided, delivered or notified

1. Court judgments and rulings.

2. Lawsuit petitions, appeal applications and protest decisions.

3. Written notices, summons and invitations in administrative procedures.

4. Receipts of court fee or legal cost advances, court fees or legal costs and other expenses.

5. Other procedural documents required by law to be provided, delivered or notified.

Article 94. Persons conducting the provision, delivery or notification of procedural documents

1. The provision, delivery or notification of procedural documents shall be conducted by the following persons:

a/ Procedure-conducting persons or persons of procedural document-issuing agencies who are assigned to provide, deliver or notify procedural documents

b/ Commune-level People's Committees of localities in which procedure participants reside or agencies or organizations in which procedure participants work when so requested by courts, procuracies or civil judgment enforcement agencies;

c/ Involved parties, their representatives or defense counsels of their rights and legitimate interests in the cases specified by this Law;

d/ Postmen;

e/ Other persons defined by law.

2/ Persons who are obliged to provide, deliver or notify procedural documents but fail to properly perform their responsibility shall, depending on the nature and severity of their violations, be disciplined, administratively sanctioned or examined for penal liability. If causing damage, they shall pay compensations under law.

Article 95. Modes of provision, delivery or notification of procedural documents

The provision, delivery or notification of procedural documents shall be conducted by the following modes:

1. Provision, delivery or notification of procedural documents is made directly, by post or through authorized third parties;

2. Public posting;

3. Announcement in the mass media.

Article 96. Validity of provision, delivery or notification of procedural documents

1. The provision, delivery or notification of procedural documents which complies with this Law shall be considered valid.

2. Persons obliged to provide, deliver or notify procedural documents shall comply with this Law.

Article 97. Procedures for provision, delivery or notification of procedural documents

Persons conducting the provision, delivery or notification of procedural documents shall directly hand over relevant procedural documents to persons to whom these documents are provided, delivered or notified. Persons to whom procedural documents are, provided, delivered or notified or who are authorized to provide, delivery or notify these documents shall sign the minutes or book recording the delivery and receipt of procedural documents. The time for calculating the procedural time limit is the date they are provided with, delivered or notified of procedural documents.

Article 98. Procedures for direct provision, delivery or notification to individuals'

1. If persons to whom procedural documents are provided, delivered or notified are individuals, these documents shall be directly handed over to them.

2. In case persons to whom procedural documents are provided, delivered or notified are absent, procedural documents may be handed over to their relatives who have full civil act capacity and live with them and are requested to pledge to immediately hand over these documents to the former. The date when co- residing relatives sign for receipt of procedural documents shall be considered the date of provision, delivery or notification.

In case persons to whom procedural documents are provided, delivered or notified have no relatives who have full civil act capacity and live with them or their relatives refuse to receive these documents on their behalf, these documents may be handed over to street group heads, village or hamlet chiefs (below collectively referred to as street group heads), commune-level People's Committees or police offices of localities in which persons to whom procedural documents are provided, delivered or notified reside and request these recipients to undertake to hand in person the documents to the former.

3. In case the provision, delivery or notification is conducted through other persons, provider, deliverers or notifies shall make a minutes clearly stating the absence of persons to whom procedural documents are provided, delivered or notified, persons to whom procedural documents are handed over; reasons; date and time of handover; relationship between these persons; undertaking to personally hand over to persons to whom procedural documents are provided, delivered or notified. The minutes must be signed by persons who undertake to deliver procedural documents and providers, deliverers or notifies and witnesses.

4. In case persons to whom procedural documents are provided, delivered or notified have moved to new places with new addresses, procedural documents shall be provided, delivered Or notified to them at new addresses.

5. In case persons to whom procedural documents are provided, delivered or notified are absent and the time of their return is or their addresses are unknown, providers, deliverers or notifies of procedural documents shall make a minutes of failure to provide, deliver or notify, which shall be signed by the person who has provided such information.

6. In case persons to whom procedural documents are provided, delivered or notified refuse to receive these documents, providers, deliverers or notifies shall make minutes of refusal, clearly stating reasons for refusal, with certification by street group heads, commune-level People's Committees or police offices of these persons' refusal.

Article 99. Procedures for direct provision, delivery or notification to agencies and organizations

In case persons to whom procedural documents arc provided, delivered or notified are agencies or organizations, procedural documents shall be handed over directly to their at-Iaw representatives or persons responsible for receiving documents who shall sign the receipts. In case agencies or organizations to which procedural documents are provided, delivered or notified have their representatives participating in procedures or appoint their representatives to receive procedural documents, these persons shall sign for receipt of these documents. The date of signing for receipt shall be regarded as the date of provision, delivery or notification.

Article 100. Procedures for public posting

1. The public posting of procedural documents shall be conducted only when whereabouts of persons to whom procedural documents are provided, delivered or notified are unclear or when the direct provision, delivery or notification is impossible.

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

a/ Posting originals of procedural documents at courthouses or authorized commune-level People's Committees:

b/ Posting copies of procedural documents in places or last places of residence of persons to whom procedural documents are provided, delivered or notified or in places in which organizations to which procedural documents are provided, delivered or notified are based or last based;

c/ Making minutes of performance of procedures for public posting, clearly stating the date of posting.

3. The duration of public posting of a procedural document is 15 days counting from the date this document is publicly posted.

Article 101. Procedures for announcement in the mass media

1. The announcement in the mass media shall be conducted only when it is so provided by law or when there is a ground to believe that the public posting does not guarantee that persons to whom procedural documents are provided, delivered or notified get information on these documents.

2. The announcement in the mass media may be conducted if so requested by involved parties. Expenses for announcement in the mass media shall be borne by announcement requesters.

3. An announcement in the mass media shall be published on a central daily for 3 consecutive issues and broadcast on a central radio or television station 3 times in 3 consecutive days.

Article 102. Notification of results of provision, delivery or notification of procedural documents

In case persons conducting provision delivery or notification of procedural documents are neither procedure-conducting persons nor employees of procedural document-issuing agencies, these persons shall promptly notify results of provision, delivery or notification of procedural documents to courts or agencies issuing those documents.