Chương VII Luật tố tụng hành chính 2015: Cấp, tống đạt, thông báo văn bản tố tụng

Chapter VII

PROVISION, DELIVERY OR NOTIFICATION OF PROCEDURAL DOCUMENTS

Article 99. 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 agencies, organizations and individuals in accordance with this Law and other relevant laws.

Article 100. Procedural documents to be provided, delivered or notified

1. Written notices, summons and invitations in the administrative procedures.

2. Court judgments and rulings.

3. Protests of procuracies; documents of civil judgment enforcement agencies.

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

Article 101. Persons conducting the provision, delivery or notification of procedural documents

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

2. Persons with the delivering function.

3. 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.

4. Involved parties, their representatives or defense counsels of their lawful rights and interests in the cases specified by this Law.

5. Employees of post service providers.

6. Other persons defined by law.

Article 102. Modes of provision, delivery or notification of procedural documents

1. Provision, delivery or notification made directly, by post or through authorized third parties.

2. Provision, delivery or notification made through electronic media at the request of involved parties or other procedure participants in accordance with the law on e-transactions.

3. Public posting.

4. Announcement in the mass media.

5. Provision, delivery or notification by other modes specified in Article 303 of this Law.

Article 103. Validity of provision, delivery or notification of procedural documents

1. The provision, delivery or notification of procedural documents which is made in accordance with this Law shall be considered valid.

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

Article 104. Procedures for provision, delivery or notification of procedural documents

Persons conducting the provision, delivery or notification of procedural documents shall directly hand over these documents to relevant eligible persons. Persons to whom procedural documents are provided, delivered or notified or who are authorized to provide, deliver or notify these documents shall sign written records or books of 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 105. Procedures for provision, delivery or notification through electronic media

The provision, delivery or notification of procedural documents through electronic media must comply with the law on e-transactions.

The Supreme People’s Court shall guide the implementation of this Article.

Article 106. 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 have moved to new places of residence and who have notified such to the court, procedural documents shall be provided, delivered or notified to such persons at their new places of residence.

3. In case persons to whom procedural documents are provided, delivered or notified refuse to receive these documents, providers, deliverers or notifiers shall make written records of refusal, clearly stating reasons for refusal, with certification by heads of street quarters or chiefs of villages or hamlets (below collectively referred to as street quarter heads) or representatives of commune-level police offices, of such refusal.

4. In case persons to whom procedural documents are provided, delivered or notified are absent, the providers, deliverers or notifiers shall hand over such documents to relatives who have full civil act capacity and live in the same places of residence with them or to street quarter heads who shall sign the receipts of such documents, and request the latter to undertake to immediately hand them over to the persons to whom procedural documents are provided, delivered or notified.

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 notifiers shall make a written record of failure to provide, deliver or notify procedural documents, with certification by street quarter heads or representatives of commune-level police offices; and concurrently carry out procedures for publicly posting documents which need to be delivered under Article 108 of this Law.

Article 107. Procedures for direct provision, delivery or notification to agencies and organizations

In case persons to whom procedural documents are provided, delivered or notified are agencies or organizations, procedural documents shall be handed over directly to their at-law 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 the procedures or appoint their representatives to receive procedural documents, these representatives shall sign the receipts of these documents. The date of signing the receipt shall be regarded as the date of provision, delivery or notification.

Article 108. Procedures for public posting

1. The public posting of procedural documents shall be conducted when the direct provision, delivery or notification is impossible under Articles 106 and 107 of this Law.

2. The public posting of procedural documents shall be conducted directly by the court or persons with the delivering function authorized by the court, or commune-level People’s Committees of localities in which involved parties reside according to the following procedures:

a/ Posting originals of procedural documents at courthouses or head offices of commune- level People’s Committees of localities where individuals to whom such documents are provided, delivered or notified reside or last reside or where agencies or organizations to which such documents are provided, delivered or notified are based or last based;

b/ Posting copies of procedural documents in places or last places of residence of individuals 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 written records 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 109. Procedures for announcement in the mass media

1. The announcement in the mass media shall be conducted only when it is so prescribed 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 other involved parties. In this case, involved parties requesting the announcement in the mass media shall bear expenses therefor.

3. An announcement in the mass media shall be published on the e-portal (if any) of the court and a central daily for three consecutive issues and broadcast on a central radio or television three times in three consecutive days.

Article 110. Notification of results of provision, delivery or notification of procedural documents

Persons conducting provision, delivery or notification of procedural documents who are neither procedure-conducting persons nor employees of procedural document-issuing agencies shall promptly notify' results of such provision, delivery or notification of procedural documents to the court or agencies issuing these documents.