Công văn 33/TANDTC-HTQT

Official Dispatch No. 33/TANDTC-HTQT dated March 17, 2021 on mutual legal assistance, service abroad of judicial documents

Nội dung toàn văn Official Dispatch 33/TANDTC-HTQT 2021 mutual legal assistance service abroad of judicial documents


THE SUPREME PEOPLE’S COURT
-------

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
-------------

No. 33/TANDTC-HTQT
Re: mutual legal assistance, service abroad of judicial documents

Hanoi, March 17, 2021

 

To:

- Superior People’s Courts in Hanoi, Da Nang and Ho Chi Minh City;
- People's Courts of central-affiliated cities and provinces;
- People’s Courts of districts, urban towns, suburban districts, provincial-affiliated cities and equivalent.

1. To facilitate the mutual legal assistance, the Supreme People’s Court updates Agreements on mutual legal assistance in civil, criminal matters, extradition and transfer of people serving imprisonment sentences on the section LEGAL ASSISTANCE on the website of the Supreme People’s Court.

The foregoing Agreements are posted on the section LEGAL ASSISTANCE by specific fields below: CIVIL, CRIMINAL MATTERS, EXTRADITION AND TRANSFER OF PEOPLE SERVING IMPRISONMENT SENTENCES at the following address: http://tttp.toaan.gov.vn/webcenter/portal/tttp/home.

The Agreements on mutual legal assistance are listed in the Schedule 1 hereto appended.

2. In case of sending documents by post as prescribed in point c clause 1 Article 474 of the Civil Procedure Code, Article 10 (a) of the Convention on the service abroad of judicial and extrajudicial documents in civil and commercial matters (Convention on Service), Agreement on mutual legal assistance in civil matters between the Socialist Republic of Vietnam and Hungary (entering into force as of March 6, 2019), the courts shall pay attention to certain matters as follows:

a) Pursuant to Article 10 (a) of the Convention on Service, if the State of destination does not object, other States may send judicial documents, by postal channels, directly to persons, irrespective of whether the addressee is an organization or individual holding citizenship of the State in which the documents originate, home country or holding no citizenship.

Therefore, the courts may send judicial documents, by postal channels, directly to Vietnamese citizens, Vietnamese citizens holding other citizenships, foreign individuals or organizations who have addresses in the States that do not object other States to send judicial documents as prescribed in Article 10 (a) of the Convention on Service. The list of the States has been provided by the Supreme People’s Court in the Official Dispatch No. 33/TANDTC-HTQT dated February 21, 2017, Official Dispatch No. 101/TANDTC-HTQT dated June 25, 2020 and in this Official Dispatch.

Hungary is a State which objects other States to send judicial documents as prescribed in Article 10 (a) of the Convention on Service. However, the Socialist Republic of Vietnam and Hungary on mutual legal assistance in civil matters set forth that the courts of the Contracting Parties may serve documents by post to persons residing in the territory of the other Contracting Party. So, the courts may serve judicial documents to persons having addresses in Hungary by post as prescribed in clause 7 Article 10 of the above-mentioned Agreement;

b) In the documents sent by post, the court is not required to make a request for judicial assistance using Form No. 2A or 2B issued together with Joint Circular No. 12/2016/TTLT-BTP-BNG-TANDTC dated October 19, 2016 of the Ministry of Justice, the Ministry of Foreign Affairs and the Supreme People’s Court as prescribed in procedures for mutual legal assistance in civil matters;

c) The document must enclose a certified translation or certified signature in the official language  of the state specified in point a Section 2 of this Official Dispatch or a language accepted by that State in case the addresses is a foreign person or organization. If a person abroad holds multiple citizenships, including Vietnamese, the document shall be written in Vietnamese, and not required to be translated into a foreign language;

d) The court shall require in writing the certification of signature, consular authentication, translation of documents sent to the court as prescribed in Article 478 of the Civil Procedure Code. If the person abroad is a Vietnamese citizen, the court shall specify in the document that: if the person, due to objective reasons, cannot apply for certification of signature on the documents, in person, at the overseas mission of the Socialist Republic of Vietnam, he/she may seek consular legalization following the guide on the website of such overseas mission;

For example: for a Vietnamese citizen residing in the USA, the embassy of the Socialist Republic of Vietnam in the USA shall provide guidance on consular legalization of documents as an alternative for certification of signature of documents at: <http://vietnamembassy-usa.org/vi/lanhsu/hop-phap-hoa-va-chung-nhan-giay> as follows:

 “1. Legalization

For certification, authentication of signatures or authorization documents, the embassy shall only receive applications from those who apply in person at the head office of the embassy (see procedures for certification, authentication of signatures or authorization documents).

If you cannot come to the embassy in person, you can follow the steps below:

- Sign the documents in front of a notary of the USA;

- Seek certification at the State level - Department of State, with the following address (download here);

- Send through to post to the embassy to apply for legalization of documents in the USA and bring back to Vietnam for use (see procedure below).”

dd) To send documents by post, the court must use the certified mail service with tracking number. To receive the result of express service, the court shall request the postal company to give a guide to use the postal code (the series of numbers/letters on the postal code) to search online and print the result of express service. This prevails as a basis for determining whether the court has completed the service or has to keep serving the judicial documents.

The information given above is for mutual legal assistance, service of judicial documents upon persons abroad by post to settle civil and administrative cases involving foreign elements at the courts.

Any communications about practices in judicial assistance abroad, service of judicial documents by post shall be sent to the Supreme People’s Court (via Department of International Cooperation, 48 Ly Thuong Kiet, Hanoi) or contact to Mr. Le Manh Hung, Deputy Director, Department of International Cooperation: 024.38250117 or 0976437814; email: [email protected]/. 

 

 

BY ORDER OF CHIEF JUSTICE
PP. DIRECTOR OF DEPARTMENT OF INTERNATION COOPERATION
DEPUTY DIRECTOR




Le Manh Hung

 

SCHEDULE 1

LIST OF AGREEMENTS ON MUTUAL LEGAL ASSISTANCE IN CIVIL, CRIMINAL MATTERS, EXTRADITION AND TRANSFER OF PEOPLE SERVING IMPRISONMENT SENTENCES UNTIL MARCH 17, 2021
(Issued together with Official Dispatch No. 33/TANDTC-HTQT dated March 17, 2021 of the Supreme People’s Court).

 

GENERAL AGREEMENT

 

 

 

No.

Name

Signing date

Effective date

Notes

1

The Socialist Republic of Vietnam and Cuba agreement on mutual legal assistance in civil, family, labor and criminal matters

30/11/1984

19/9/1987

 

2

The Socialist Republic of Vietnam and Hungary agreement on mutual legal assistance in civil, family and criminal matters

18/01/1985

5/7/1987

Cease to be effective as of March 6, 2019

3

The Socialist Republic of Vietnam and Bulgaria agreement on mutual legal assistance in civil, family and criminal matters

03/10/1986

5/7/1987

 

4

The Socialist Republic of Vietnam and Czechoslovak Socialist Republic agreement on mutual legal assistance in civil and criminal matters

12/10/1982

16/4/1994

 

5

The Socialist Republic of Vietnam and Poland Republic agreement on mutual legal assistance in civil, family and criminal matters

22/3/1993

18/01/1995

 

6

The Socialist Republic of Vietnam and the People’s Republic of China agreement on mutual legal assistance in civil and criminal matters

19/10/1998

25/12/1999

 

7

The Socialist Republic of Vietnam and Lao People's Democratic Republic agreement on mutual legal assistance in civil and criminal matters

06/7/1998

19/02/2000

 

8

The Socialist Republic of Vietnam and Belarus agreement on mutual legal assistance in civil, family, labor and criminal matters

14/9/2000

18/10/2001

 

9

The Socialist Republic of Vietnam and Ukraine agreement on mutual legal assistance in civil and criminal matters

6/4/2000

19/8/2002

 

10

The Socialist Republic of Vietnam and Mongolia agreement on mutual legal assistance in civil, family and criminal matters

17/4/2000

13/6/2002

 

11

The Socialist Republic of Vietnam and Democratic People's Republic of Korea agreement on mutual legal assistance and legality in civil and criminal matters

04/5/2002

24/02/2004

 

12

The Socialist Republic of Vietnam and Russian Federation agreement on mutual legal assistance and legality in civil and criminal matters

25/8/1998

27/8/2012

 

13

Protocol to Agreement between the Socialist Republic of Vietnam and Russian Federation on mutual legal assistance and legality in civil and criminal matters

23/4/2003

27/7/2012

 

 

AGREEMENT ON MUTUAL LEGAL ASSISTANCE IN CIVIL MATTERS

 

 

 

 

Name

Signing date

Effective date

Notes

1

The Socialist Republic of Vietnam and Republic of France agreement on mutual legal assistance in civil matters

24/02/1999

5/01/2001

 

2

The Socialist Republic of Vietnam and Algeria agreement on mutual legal assistance in civil and commercial matters

14/4/2010

24/6/2012

 

3

The Socialist Republic of Vietnam and Kazakhstan agreement on mutual legal assistance in civil matters

31/10/2011

28/6/2015

 

4

The Socialist Republic of Vietnam and Kingdom of Cambodia agreement on mutual legal assistance in civil matters

21/01/2013

9/10/2014

 

5

The Socialist Republic of Vietnam and Hungary agreement on mutual legal assistance in civil matters

10/9/2018

06/3/2019

 

6

Agreement between the Taipei Economic and Cultural Office in Vietnam and the Vietnam Economic and Cultural Office in Taipei on Judicial Assistance in Civil Matters

12/4/2010

02/12/2011

 

 

AGREEMENT ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS

 

 

 

 

Name

Signing date

Effective date

Notes

1

The Socialist Republic of Vietnam and South Korea agreement on mutual legal assistance in criminal matters

15/9/2003

19/4/2005

 

2

The Socialist Republic of Vietnam and Republic of India agreement on mutual legal assistance in criminal matters

8/10/2007

17/11/2008

 

3

The Socialist Republic of Vietnam and United Kingdom of Great Britain and Northern Ireland agreement on mutual legal assistance in criminal matters

13/01/2009

30/9/2009

 

4

The Socialist Republic of Vietnam and Algeria People's Democratic Republic agreement on mutual legal assistance in criminal matters

14/4/2010

28/3/2014

 

5

The Socialist Republic of Vietnam and Republic of Indonesia agreement on mutual legal assistance in criminal matters

27/6/2013

21/01/2016

 

6

The Socialist Republic of Vietnam and Australia agreement on mutual legal assistance in criminal matters

02/7/2014

05/4/2017

 

7

The Socialist Republic of Vietnam and Kingdom of Spain agreement on mutual legal assistance in criminal matters

18/9/2015

08/7/2017

 

8

The Socialist Republic of Vietnam and Hungary agreement on mutual legal assistance in criminal matters

16/3/2016

30/6/2017

 

9

The Socialist Republic of Vietnam and Republic of France agreement on mutual legal assistance in criminal matters

06/9/2016

01/5/2020

 

10

The Socialist Republic of Vietnam and Republic of Kazakhstan agreement on mutual legal assistance in criminal matters

15/6/2017

01/6/2019

 

11

The Socialist Republic of Vietnam and Kingdom of Cambodia agreement on mutual legal assistance in criminal matters

20/12/2016

02/10/2020

 

12

The Socialist Republic of Vietnam and Republic of Cuba agreement on mutual legal assistance in criminal matters

29/3/2018

29/9/2018

 

13

The Socialist Republic of Vietnam and Republic of Cuba agreement on mutual legal assistance in criminal matters

03/12/2018

11/9/2020

 

14

The Socialist Republic of Vietnam and Lao People's Democratic Republic agreement on mutual legal assistance in criminal matters

8/01/2020

18/02/2021

 

 

AGREEMENT ON EXTRADITION

 

 

 

 

Name

Signing date

Effective date

Notes

1

The Socialist Republic of Vietnam and South Korea agreement on extradition

15/9/2003

19/4/2005

 

2

The Socialist Republic of Vietnam and Algeria People's Democratic Republic agreement on extradition

14/4/2010

28/3/2014

 

3

The Socialist Republic of Vietnam and Republic of India agreement on extradition

12/10/2011

12/8/2013

 

4

The Socialist Republic of Vietnam and Australia agreement on extradition

10/4/2012

07/4/2014

 

5

The Socialist Republic of Vietnam and Republic of Indonesia agreement on extradition

27/6/2013

26/4/2015

 

6

The Socialist Republic of Vietnam and Kingdom of Cambodia agreement on extradition

23/12/2013

9/10/2014

 

7

The Socialist Republic of Vietnam and Kingdom of Cambodia agreement on extradition

01/10/2014

01/5/2017

 

8

The Socialist Republic of Vietnam and Hungary agreement on extradition

16/9/2013

30/6/2017

 

9

The Socialist Republic of Vietnam and the Democratic Socialist Republic of Sri Lanka agreement on extradition

07/4/2014

01/12/2017

 

10

The Socialist Republic of Vietnam and the People’s Republic of China agreement on extradition

07/4/2015

12/12/2019

 

11

The Socialist Republic of Vietnam and Republic of France agreement on extradition

06/9/2016

01/5/2020

 

12

The Socialist Republic of Vietnam and Republic of Kazakhstan agreement on extradition

15/6/2017

15/11/2019

 

13

The Socialist Republic of Vietnam and Mongolia agreement on extradition

10/7/2019

Not effective

 

14

The Socialist Republic of Vietnam and Republic of Mozambique agreement on extradition

9/12/2019

Not effective

 

 

AGREEMENT ON TRANSFER OF PEOPLE SERVING IMPRISONMENT SENTENCES

 

 

 

 

Name

Signing date

Effective date

Notes

1

The Socialist Republic of Vietnam and United Kingdom of Great Britain and Northern Ireland agreement on transfer of people serving imprisonment sentences

12/9/2008

20/9/2009

 

2

The Socialist Republic of Vietnam and Australia agreement on transfer of people serving imprisonment sentences

13/10/2009

11/12/2009

 

3

The Socialist Republic of Vietnam and South Korea agreement on transfer of people serving imprisonment sentences

29/5/2009

30/8/2010

 

4

The Socialist Republic of Vietnam and Kingdom of Thailand agreement on transfer of people serving imprisonment sentences

03/3/2010

19/7/2010

 

5

The Socialist Republic of Vietnam and Hungary agreement on transfer of people serving imprisonment sentences

16/9/2013

30/6/2017

 

6

The Socialist Republic of Vietnam and the Democratic Socialist Republic of Sri Lanka agreement on transfer of people serving imprisonment sentences

07/4/2014

16/5/2017

 

7

The Socialist Republic of Vietnam and Kingdom of Spain agreement on transfer of people serving imprisonment sentences

01/10/2014

01/5/2017

 

8

The Socialist Republic of Vietnam and Russian Federation agreement on transfer of people serving imprisonment sentences

12/11/2013

15/5/2017

 

9

The Socialist Republic of Vietnam and Republic of India agreement on transfer of people serving imprisonment sentences

01/11/2013

01/12/2020

 

10

The Socialist Republic of Vietnam and Kingdom of Cambodia agreement on transfer of people serving imprisonment sentences

20/12/2016

01/10/2020

 

11

The Socialist Republic of Vietnam and Czech Republic agreement on transfer of people serving imprisonment sentences

07/6/2017

2/7/2019

 

12

The Socialist Republic of Vietnam and Japan agreement on transfer of people serving imprisonment sentences

01/7/2019

19/8/2020

 

13

The Socialist Republic of Vietnam and Mongolia agreement on transfer of people serving imprisonment sentences

16/10/2018

Not effective

 

14

The Socialist Republic of Vietnam and Mozambique agreement on transfer of people serving imprisonment sentences

9/12/2019

Not effective

 

15

The Socialist Republic of Vietnam and Lao People's Democratic Republic agreement on transfer of people serving imprisonment sentences

04/01/2020

Not effective

 

 

SCHEDULE 2

LIST OF PARTIES TO CONVENTION ON SERVICE WITHOUT OBJECTIONS TO SERVICE OF DOCUMENTS BY POST PRESCRIBED IN ARTICLE 10 (A) OF THE CONVENTION
(Issued together with Official Dispatch No. 33/TANDTC-HTQT dated March 17, 2021 of the Supreme People’s Court)

 

STATE NAME

 

STATE NAME

1.

Albania

23

Israel

2.

Antigua and Barbuda

24

Italy

3.

Armenia

25

Andorra

4.

Australia

26

Kazakhstan

5.

Bahamas

27

Latvia

6.

Barbados

28

Luxembourg

7.

Belarus

29

Malawi

8.

Belgium

30

Morocco

9.

Belize

31

Netherlands

10.

Bosnia and Herzegovina

32

Pakistan

11.

Botswana

33

Portugal

12.

Canada

34

Romania

13.

Colombia

35

Saint Vincent and the Grenadines

14.

Hong Kong

36

Seychelles

15.

Macau

37

Slovenia

16.

Cyprus

38

Spain

17.

Denmark

39

Sweden

18.

Estonia

40

United Kingdom

19.

Finland

41

United States of America

20.

France

42

Ireland

21.

Iceland

43

Tunisia

22

Costa Rica

 

 

 

SCHEDULE 3

LIST OF PARTIES TO CONVENTION ON SERVICE WITH OBJECTIONS TO SERVICE OF DOCUMENTS BY POST PRESCRIBED IN ARTICLE 10 (A) OF THE CONVENTION
(Issued together with Official Dispatch No. 33/TANDTC-HTQT dated March 17, 2021 of the Supreme People’s Court)

STATE NAME

STATE NAME

1.

Bulgaria

19

Kuwait

2.

Austria

20

Lithuania

3.

China

21

Malta

4.

Czech Republic

22

Mexico

5.

Slovakia

23

Monaco

6.

Poland

24

Montenegro

7.

Russian Federation

25

Norway

8.

Ukraine

26

Moldova

9.

Argentina

27

San Marino

10.

Croatia

28

Serbia

11.

Egypt

29

Sri Lanka

12.

Germany

30

Switzerland

13

Greece

31

Macedonia

14.

India

32

Turkey

15.

Korea

33

Venezuela

16

Japan

34

Brazil

17

Nicaragua

34

MarsallIslands

18

Hungary

 

 

 


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