Chương 2 Luật tương trợ tư pháp 2007: Tương trợ tư pháp về dân sự

Chapter II

LEGAL ASSISTANCE IN CIVIL MATTERS

Article 10. Scope of civil legal assistance

The scope of civil legal assistance between Vietnam and foreign countries covers:

1. Service of papers, dossiers and documents related to civil legal assistance;

2. Summon of witnesses and experts;

3. Collection and supply of evidence;

4. Other requests for civil legal assistance.

Article 11. Civil legal mandate dossiers

1. A civil legal mandate dossier comprises the following documents:

a/ A competent bodys written request for civil legal assistance;

b/ The written civil legal mandate specified in Article 12 of this Law;

c/ Other papers as requested by a competent body of the mandating country.

2. A civil legal assistance dossier is made in three sets in accordance with this Law and the law of the mandating country. Language used in the dossiers complies with Article 5 of this Law.

Article 12. Civil legal assistance documents

A civil legal assistance document must contain the following details:

1. Date, month, year and place of making the document;

2. The name and address of the legal mandator;

3. The name and address of the legal mandatory;

4. Full names and places of resident or working of individuals; full names and addresses or head offices of agencies or organizations directly involved in legal mandate;

5. Jobs subject to civil legal mandate, indicating the mandate purpose, jobs and related circumstances, quotation of applicable legal provisions, measures to effect the mandate and the mandate performance duration.

Article 13. Requesting foreign countries to provide civil legal assistance

1. Vietnams competent bodies, while settling civil matters, may request foreign competent bodies to provide legal assistance in the following circumstances:

a/ Service of papers, dossiers, documents on persons who are staying in the requested countries;

b/ Summon of witnesses and experts who are staying in the requested countries;

c/ Collection and supply of evidence in the requested countries for settlement of civil matters in Vietnam;

d/ Other circumstances prescribed by Vietnamese law.

2. Requests for civil legal assistance by foreign countries must be made in the form of civil legal mandate under the provisions of this Law.

Article 14. Procedures for requesting foreign countries to provide civil legal assistance

1. Vietnams competent bodies requesting foreign competent bodies to provide civil legal assistance shall make mandate dossiers under the provisions of Article 11 of this Law and send them to the Ministry of Justice.

2. Within ten working days after the receipt of civil legal mandate dossiers, the Ministry of Justice shall record in the legal mandate book, examine the validity of the dossiers and send them to foreign competent bodies under the provisions of treaties to which Vietnam and those foreign countries are contracting parties or through the diplomatic channel. If the dossiers are invalid, the Ministry of Justice shall return them to the dossier-making agencies and clearly state the reasons therefor.

3. Within five working days after the receipt of foreign competent bodies written notices on the performance of legal mandate, the Ministry of Justice shall transfer the notices to Vietnams competent bodies that have sent the civil legal mandate dossiers.

Article 15. Procedures to receive and handle civil legal mandates of foreign countries

1. Within ten working days after the receipt of legal mandate dossiers of competent bodies of the requesting countries, the Ministry of Justice shall record in the legal mandate book, examine the validity of the dossiers and transfer them to competent Vietnamese bodies for implementation. If the dossiers are invalid, the Ministry of Justice shall return them to competent bodies of the requesting countries and clearly state the reasons therefor.

2. Within five working days after the receipt of competent Vietnamese bodies written notices on the performance of legal mandates, the Ministry of Justice shall transfer the notices to competent bodies of the requesting countries in accordance with the treaties to which Vietnam and the requesting countries are contracting parties or through the diplomatic channel.

3. If the legal mandate cannot be performed or the time limit has expired but the foreign countries request or need to supplement relevant information or documents, the competent Vietnamese bodies performing the legal mandates shall notify in writing the Ministry of Justice thereof and clearly state the reasons therefor so that the Ministry of Justice shall notify such to the competent bodies of the requesting countries.

Article 16. Expenses for provision of civil legal assistance

1. Expenses for the provision of civil legal assistance between Vietnam and foreign countries shall be paid by requesting countries, unless otherwise agreed upon.

2. Vietnamese individuals or organizations requesting competent state bodies of Vietnam to settle civil matters which give rise to requests for legal mandates overseas shall pay expenses according to regulations of Vietnam and the requested countries. Within ten working days prior to the date of deciding to make legal mandate dossiers, the dossier-making agencies shall notify those individuals or organizations of the expenses for performance of legal mandates. Legal mandate dossiers shall be made and sent overseas only after those individuals or organizations pay the expenses for performance of legal mandates according to regulations.

Vietnamese citizens entitled to legal assistance may be considered for support in expenses for performance of legal mandates according to the Governments regulations.