Circular 15/2011/ttlt-Btp-Bng-Tandtc: Guide To Applying Some Of The Provisions On Judicial Assistance In The Field Of Civil Judicial Assistance Law

Original Language Title: Thông tư liên tịch 15/2011/TTLT-BTP-BNG-TANDTC: Hướng dẫn áp dụng một số quy định về tương trợ tư pháp trong lĩnh vực dân sự của Luật Tương trợ Tư pháp

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Judicial assistance pursuant to the law No. 8/2007/QH12 on November 21, 2007;

To the correct and uniform application of the law on judicial assistance, the Ministry of Justice, Ministry of Foreign Affairs and the Supreme People's Court uniform guidelines apply some of the provisions on judicial assistance in the field of civil judicial assistance Law as follows.

Chapter I GENERAL PROVISIONS article 1. Scope this guidance circular apply some provisions in principle, competence, order and procedures of judicial assistance; processing the results of civil judicial assistance and the responsibility of State agencies in Vietnam about the judicial assistance of civil law on judicial assistance.

Article 2. The object that applies to this circular apply to agencies, organizations and individuals, Vietnam: the Agency, organization, foreign individuals are related to judicial assistance activities with Vietnam.

Article 3. Application of foreign law in civil judicial assistance 1. The application of foreign law as stipulated in paragraph 2 of article 3 of the judicial assistance Law is applied when the following condition: a) Have international treaties on judicial assistance between Vietnam and foreign countries and regulations on this matter;

b) the application of foreign law is not contrary to the basic principles of the law of Vietnam, in accordance with the law and international practices;

c) Has the text of the authorized body of the foreign law applicable recommendations.

2. The Ministry of Justice, in collaboration with the Foreign Ministry and the Supreme People's Court review, decisions applying foreign law. In case not qualified to apply foreign law, the Justice Department responded in writing to the countries that have asked to know.

Article 4. Apply the principle of reciprocity 1. Apply the principle of reciprocity as proposed by the competent authorities of Vietnam: a) case the Court or competent authority of Vietnam requested the competent agency of a foreign judicial assistance on Civil and that between Vietnam and countries that don't yet have international treaties on judicial assistance on Civil and yet have agreement or not yet available precedent on the application of the principle of reciprocity with respect to the related content, then the Court should have the Ministry of Justice proposed the application of the principle of reciprocity attached authorization profile on.

b) within ten working days from the date of the application, the Ministry of Justice sent dispatches included authorization profile about the proposed civil affairs review, decide whether to recommend the agency authorized the foreign applied principles of reciprocity.

c) within ten working days from the date of the profile. The Foreign Ministry and launched a review of regulatory decisions in the d or paragraph 1 of this Article. For cases is necessary to take the opinion of the Ministry of Justice and the Supreme People's Court on the application of the principle of reciprocity shall this period not exceeding twenty days.

d) case decided to recommend competent agencies of foreign countries apply the principle of reciprocity, then send State Department authorization on for Vietnam representative offices abroad accompanied by the Foreign Ministry's proposal the competent agencies of foreign countries apply the principle of reciprocity. In the need to recommend competent agency of a foreign official reply in writing on the application of the principle of reciprocity with Vietnam.

DD) case decided not to recommend the competent agencies of foreign countries apply the principle of reciprocity, the Ministry of Foreign Affairs sent to return the records to the Ministry of Justice and reason.

e) within five working days of receipt of the record, the Vietnam representative offices abroad send the proposal to apply the principle of reciprocity to the competent agency of a foreign country.

g) within five working days from the date of the official reply of the competent bodies of foreign countries, Vietnam representative offices abroad to send written notice to the Ministry of Foreign Affairs. Within five working days from the date of receiving the written notice of the Vietnam representative offices abroad. The Foreign Ministry is responsible for notification of this to the Ministry of Justice and the Supreme People's Court and coordination.

h) where the competent authority of the foreign judicial assistance are required to agree to apply the principle of reciprocity with those conditions, the Ministry of Foreign Affairs consideration, decided on the basis of consultation with the Department of Justice and the Supreme People's Court. Unified procedure comments be made similar to the review process, the decision to apply the principle of reciprocity at the request of the competent authority of the foreign rule in paragraph 2 of this Article.

2. Application of the principle of reciprocity as suggested by the competent bodies of foreign countries: a) the case of the Foreign Ministry received the proposal of the competent bodies of foreign assistance in the field of civil justice that between Vietnam and countries that don't yet have international treaties on judicial assistance on Civil and yet have agreement or not have money rules for the application of the principle of reciprocity with respect to the relevant content. The Foreign Ministry sent the text, accompanied by the related records (if any), suggest that the Ministry of Justice and the Supreme People's Court to coordinate review of the application of the principle of reciprocity.

b) within ten working days from the date of dispatch of the Foreign Ministry, the Ministry of Justice and the Supreme People's Court have comments in writing on the application of the principle of reciprocity on the basis of the grounds specified in article 5 of this circular or twenty days for special cases.

c) within a period of five working days from the receipt of the opinion of the Ministry of Justice and the Supreme People's Court, the Ministry of Foreign Affairs to consider, decide the application of the principle of reciprocity and reply in writing to the competent authority of the foreign request and send a copy of that text for the Ministry of Justice and the Supreme People's Court to coordination. The case of the Foreign Ministry decided to agree to apply the principle of reciprocity shall on the basis of submitted records (if any), the Ministry of justice procedures for receiving, checking the validity of the profile and transfer of records to the court competent to perform authorization in accordance with article 15 judicial assistance Law and art. 3 article 20 circular This President.

Article 5. Bases of consideration, decided to apply the principle of reciprocity the consideration, decided to apply the principle of reciprocity in judicial assistance with foreign countries is based on the following bases: a) the necessity, Vietnam's demand for judicial assistance in each specific case or in general relations with the country concerned;

b) not contrary to the law of Vietnam, the relevant international treaties to which Vietnam is a member and in accordance with the law, international practices;

c) conformity of foreign requests, the impact of political, social, economic and other effects, if any;

d) affect The rights and interests of the State, individuals, legal entities concerned Vietnam.

Article 6. Language in the judicial civil assistance 1. The language used to create the records requested judicial assistance of foreign civil or Vietnam requested judicial assistance on Civil and made according to the provisions of article 5 of the judicial assistance Law.

2. where the competent authorities of foreign countries or foreign representative offices in Vietnam that requires the authorization of which Vietnam and countries that don't yet have international treaties on judicial assistance in civil, the language of judicial assistance as Vietnamese. Authorization profile and a Vietnamese translation must be certified, legally the provisions of law unless Vietnam free of consular legalization under international treaties or under the principle of reciprocity.

3. in case the court file does not specify the language of judicial assistance that countries be requested judicial assistance, the Court agreed to send Foreign Ministry suggested text defined. Within five working days of receiving the request, the Ministry of Foreign Affairs has the responsibility to respond in writing.

4. The court case file authorization requires Vietnam representative offices abroad implement authorization for Vietnam citizens abroad, the judicial assistance language is Vietnamese. In this case, the authorization profile is not legally the leader.

Article 7. Provides information related to the international treaties on judicial assistance in civil court may send a request in writing to the Department of Justice to provide information related to the international treaties on judicial assistance in civil sector. The Ministry of Justice has a responsibility to respond in writing within five working days of receiving the request.

Article 8. Costs of civil judicial assistance of individuals, organizations and foreign judicial assistance request to file charges and the cost of judicial assistance. Fees and costs, payer, the competent agency currency; the management and use of these fees and charges are made according to the provisions of the relevant laws.

Chapter II FOREIGN REQUESTS for JUDICIAL ASSISTANCE on Article 9. The authority requested judicial assistance on civil 1. The people's Court, the central cities: the Court of appeal of the Supreme People's Court has the authority to request the assistance of civil justice.

2. In the process of settlement of the civil case, if the request for judicial assistance on civil, the people's Court of County, district, town or city in the file authorization as stipulated in article 11 of law judicial assistance and guidance in article 10 of this circular , sent to the provincial people's Court to follow the General procedure.

Article 10. Authorization profile on civil 1. Authorization profile civil must have the documents specified in article 11 of law judicial assistance, namely: a) the written request made on authorization by model No. 1 attached to this circular;

b) writing about civil justice trust prescribed in article 12 of law judicial assistance according to the model No. 2 attached to this circular;


c) other documents required by the competent authority of the country trust is required;

d) papers, other documents serving for implementing authorization (for example, notification of the case; The decision to entrust the collection of evidence; The verdict, the decision of the Court...), 2. Authorization profile civil court established in a manner to be the following: a) the judicial trustee must record by the Chief Justice or the Associate Chief Justice was commissioned Chief Justice signed except the papers, the documents specified in point d of paragraph 1 of this article, was established three and sent to the Ministry of Justice.

b) written request made on authorization by the civilian court founded must be originals and texts, papers, other documents serving for implementing authorization is the original or a copy. Copy and translation of the text, papers, this document must be duly authenticated in accordance with the law on copies from the original book, certified copies from originals, certified signatures.

c) where service to the judicial trustee for many litigants have different trusts or content have different addresses or other nationalities, the Court must establish private authorization profiles for each of the litigants.

d) where the request for judicial assistance to litigants who have just recently Vietnam nationals have foreign citizenship, the Court established the trust profile as cases make authorization for Vietnam citizens abroad when the Court determines the effective nationality as nationality of Vietnam and if not contrary to the law or foreign country In addition to not oppose.

Article 11. The valid conditions of authorization records civil records authorization be considered valid when there are enough of the following conditions: 1. the judicial trustee records was established in accordance with the provisions of article 11 and article 12 of law judicial assistance and guidance in article 10 of this circular.

2. the authorization profile was created according to the language specified in article 5 of law judicial assistance and guidance in article 6 of this circular.

3. the authorization profile was established enough number as specified in clause 2 article 11 of law judicial assistance and guidance in article 10 of this circular.

4. Individuals, organizations have filed charges of judicial assistance under the provisions of the law unless exempt or not filed charges of judicial assistance.

Article 12. Order, receive and send authorization at the Ministry of Justice civil within ten working days from the date of authorization profiles by sending to the Court, the Ministry of Justice is responsible for the authorization of records (section authorization go) , to check the validity of the profile according to the provisions of the law on judicial assistance, article 11 of this circular and take out one of the following decisions: 1. where the authorization profile is complete and valid: a) the Transfer of records to the competent authority of the foreign country or for the Ministry of Foreign Affairs in accordance with the international treaties to which Vietnam and the country that as members;

b) Transfer of records to the Foreign Ministry for consideration, decided to apply the principle of reciprocity according to the procedure prescribed in clause 1 article 4 this circular if between Vietnam and foreign countries do not yet have international treaties on judicial assistance on Civil and yet have agreement or not have precedent on the application of the principle of reciprocity.

2. where the authorization profile is not complete and valid: the Justice Department return the authorization profile for the Court has set records and stating the reason.

Article 13. The sequence, procedure and deadline, send authorization at the State civil and Vietnam representative offices abroad 1. For the case of the Foreign Ministry made the judicial trustee for Vietnam citizens abroad or under the provisions of the relevant international treaties, the term transfer record for Vietnam missions abroad is five working days from the date of receiving the authorization profile is valid because the Department of Justice moved to.

Within five working days from the date of receiving the authorization profile, Vietnam representative offices abroad have the responsibility to deploy the implementation of the judicial trustee for Vietnam citizens abroad or transfer of records to the competent authority of a foreign country.

2. For cases perform authorization under the principle of reciprocity, the timelines and process implementation in the Foreign Ministry and Vietnam representative offices in foreign countries according to the provisions in point c and point e article 4 paragraph 1 of this circular.

Article 14. Handling authorization result at the Foreign Ministry and Vietnam representative offices abroad 1. Within five working days from the date the completed the authorization or from the date of receiving the written notice the results of authorization of the competent bodies of foreign countries, Vietnam representative offices abroad to send text message results authorization , served the same authorization records documents, and evidence of the Foreign Ministry.

2. within a maximum of three months from the date of the Agency's trustee records has the authority in the country where Vietnam representative offices abroad cannot perform authorization for Vietnam citizens abroad or the competent authority of the foreign country does not have notice of the results of the judicial trustee or not answer suggestions of Vietnam on the application of the principle of reciprocity in accordance with article 4 paragraph 1 of this circular, the Vietnam representative offices abroad are responsible for notification of the Ministry of Foreign Affairs.

3. within five working days from the date of receiving the written notice the results of the judicial trustee by the Vietnam representative offices abroad send home, the Foreign Ministry moved that text for the Justice Department to transfer to the Court in accordance with article 14 paragraph 3 of law judicial assistance.

Article 15. Handling authorization result in court 1. Handle the result served writing authorization for Vietnam citizens resident abroad: a) case the Court received written notice the results of the judicial trustee as stipulated in paragraph 2 article 17 of this circular shall continue to conduct court authorization if verified name addresses, correct personal information of overseas litigants.

The court case has undertaken all measures but still does not identify the address of the foreign litigants, the Court explained to the Court the required notice seeking people absent in residence as defined in Chapter XX and Chapter XXII of the code of civil procedure. After the search results, who is absent at the place of residence, the Court continued the case according to the General procedure. Within the time limit of one month from the date of the Court require that litigants do not ask the Court to search for a absences at the residence, the Court suspended the case according to the provisions of article 192 and 168 civil procedure laws.

b) case the Court received written notice the results of the judicial trustee as specified in paragraph 1, 3 and 4 Article 17 of this circular, the Court continued the case under the provisions of the code of civil procedure.

2. Processing the results authorization for foreigners resident abroad: a) case the Court received results make delegating competent authorities of foreign countries to announce the names, addresses, personal information of people who need escorts to reach or who need escorts to reach has moved to a new address but unknown new address or who need escorts to reach absent in addressing that unknown time of return, the courts continued to conduct authorization a second time if properly verified the address, the name and personal information of overseas litigants.

The case of the implementation of the authorization of the competent bodies of foreign countries still have no results even though the Court has undertaken all measures to verify the address, the name and personal information of overseas litigants but still not identified the correct information, the Court continued the case under the provisions of the code of civil procedure.

b) where the Court receives the results of the Agency's mandate has the authority of the foreign notification of the person to be served has received a written authorization or who served from, requested authorization, the Court conducted the following the procedure.

c) civil case case cannot perform the authorization because of Vietnam and yet foreign or international treaties do not apply the principle of reciprocity, the Court was accepting the procedure listed authorization profile at Court House The people's Committee of social level, place of residence or domicile of the final judicial trustee (if any) within a period of six months and posted on the Central Government's daily newspapers in the three consecutive numbers and broadcast on radio or television station of Central (the wave channel for foreign people) three times in three consecutive days. If this time limit expired without news of foreign litigants, the courts continue to resolve civil cases under the General procedure.

3. Processing the results authorization in case served the judgment, the decision of the Court of first instance: case court authorization to escort reached the verdict, the decision of the first instance court for the litigants are residing abroad that within three months from the date served the judgment the decision for people who need escort reached or deadline six months from the date of listing the judgment or decision in Vietnam representative offices abroad or from the date of sending the authorization profile for the competent agency of a foreign make authorization that the Court received no appeal of the litigants in the foreign and, in the time limit for the appeal, the appeal does not have the appeal of other people. Procurator does not appeal, the judgment, the decision of the Court of first instance to have the rule of law and the Court must not continue to conduct authorization.

4. Handle results authorization in the absence of the notice of the results of the judicial trustee:


After six months from the date the Ministry of Justice send authorization valid for the second time for the competent authorities of foreign countries or foreign affairs without the notice of the results of the judicial trustee shall require court authorization will base on the material evidence of income, was to resolve the incident in accordance with the law without further authorization requirements.

5. Handle results authorization in the case of the notice of the results of the judicial trustee: the case of the notice of the results of the judicial trustee, the court documents, based on the evidence to solve the case if it deems the documents, evidence was right on enough according to the content requirements; documented cases, the evidence is not yet properly or not enough according to the requested content, the Court continued Authorization according to the General procedure.

Chapter III IMPLEMENTATION of AUTHORIZATION for VIETNAMESE CITIZENS abroad through VIETNAMESE REPRESENTATIVE OFFICES abroad article 16. Perform the requested judicial assistance in Vietnam representative offices overseas required judicial assistance such as the song hit the papers, records, documents, testimony, summoning witnesses, the examiner, provide, collect evidence and the cases of other judicial assistance under the provisions of the law of Vietnam for overseas litigants , Vietnam representative agencies abroad conducted according to the procedure specified in article 17 of this circular, The civil procedure law, the other provisions of the law of Vietnam, international treaties to which Vietnam is a member and not contrary to the laws of the country.

Article 17. The text served authorization for Vietnam citizens abroad through Vietnam representative offices abroad 1. The case of the person served has received the trust documents or the person served is absent at the address but have relatives prefer to have full capacity for civil acts change newsletter and committed to hand-delivered to that person, the Vietnam representative offices abroad set the minutes about made the bombardment. The case of the person served has moved to new address other than the address that requested the judicial trustee, the Vietnam representative offices abroad should escort to reach the new address.

2. where the name, address or personal information of people who served, or have moved to a new address but unknown new address, or absent in addressing that unknown time of return, the Vietnam representative offices abroad set the minutes about not done was the bombardment and stating the reason.

3. where the person served refused to accept the trustee records made the song reached to set the minutes about the record from which stated the reason for denial, signed by the person served, signed by the person served, in case the person does not sign the minutes should be signed by witnesses about that person from turn text.

4. Where did apply all necessary measures that are still not able to perform the song hit, Vietnam representative offices abroad to conduct listed in his headquarters. After the time limit of thirty days from the date of listing, if the person served not to receive Commission records, the Vietnam representative offices abroad on the record-setting made listed procedures and results of the listing.

Chapter IV IMPLEMENTING AUTHORIZATION of FOREIGN CIVIL Article 18. The authority performs authorization of foreign countries 1. The provincial people's Court has the jurisdiction to perform require authorization of the competent agency of a foreign country, unless the law otherwise.

2. Authority to perform authorization of the Court according to the territory are determined as follows: a) the Court has the jurisdiction to make the judicial trustee as the Court where people served as personal residence, or where the Agency, served organization has its headquarters;

b) Court where the person to be summoned to testify, the examiner resides, works;

c) Court where execute the collection, provide evidence;

d) the Court made the requests for judicial assistance on civil courts have jurisdiction under the provisions of the law of Vietnam.

Article 19. Authorization profile on foreign civil judicial trustee records about the Agency's civil authorities of foreign countries is considered valid when there is full text of the provisions of article 11 and article 12 of law judicial assistance and guidance in article 10 and article 11 of this circular , except in the case of international treaties to which Vietnam is a member otherwise.

Article 20. Receive and check the validity of the authorization profile on foreign civil 1. The Ministry of Justice receives authorization records on civilian agencies have the authority of the foreign sending according to the provisions of international treaties on judicial assistance in civil sectors that Vietnam and the country which is a member or agreements or had precedents regarding the application of the principle of reciprocity.

2. The case of Vietnam and foreign countries do not yet have international treaties on judicial assistance in civil or don't yet have agreement or not have precedent on the application of the principle of reciprocity, the procedure of receiving and checking the validity of the authorization profile is performed as specified in clause 2 4 of this circular.

3. within ten working days from the date of the authorization record, the Ministry of Justice on judicial trustee profile Book about civil (Commission section), review, test the validity of the records and put out one of the following decisions: a) Moving a profile for the competent court under the provisions of article 18 of this circular or for competent State agencies to comply with the provisions of article 23 of this circular in case authorization profile is valid.

b) return the records to the competent bodies of foreign countries have sent the authorization profile or via the Ministry of Foreign Affairs between Vietnam and foreign countries if it does not yet have international treaties on judicial assistance on Civil and stating the reason in case authorization profile is not valid.

Article 21. The order processing procedures, authorization of foreign civil 1. Within seven working days from the date of the authorization record, the court record book about civil justice trust (the trust), review, test the validity of the records and put out one of the following decisions: a) conducted acceptance to perform authorization, if the incident in his jurisdiction;

b) returned to the Ministry of Justice in the case of the incident is not in the jurisdiction of the Court.

2. The Court applies all necessary measures in accordance with the law to make authorization and inform the Justice Department the results of authorization within a maximum of three months from the date of accepting the file.

Article 22. Announcing the results of the judicial trustee of foreign civil 1. Within five working days from the day the accomplished results authorization or in the case prescribed in clause 3 article 15 judicial assistance Legislation, the Court sent the message text results of authorization by the Chief Justice or the Associate Chief Justice was Chief Justice signed credentials , with the number three for the Ministry of Justice.

2. The Ministry of Justice to transfer the results of the judicial trustee for the competent authority of the country in accordance with the requirements of international treaties or for the Foreign Ministry with regard to the case of authorization profile is sent through the body by the time limit specified in paragraph 2 article 15 law on judicial assistance.

3. within five working days, the Foreign Ministry submitted the results for foreign representative offices in Vietnam have asked for or transferred to the Vietnam representative offices abroad have sent the request to perform authorization.

Chapter V PROVISIONS IMPLEMENTATION of Article 23. Making the request for judicial assistance with regard to the competent State agencies of the other competent State agencies of Vietnam, if requested judicial assistance or authorization of the competent bodies of foreign countries, the implementation of processes and procedures for judicial assistance with regard to similar provisions in the Court Circular This President.

Article 24. Updated and informed about the list of international treaties and agreements on international judicial assistance in civil field-effect between Vietnam and foreign countries every year, the Ministry of Justice is responsible for updating the list of international treaties and agreements on international judicial assistance in civil field-effect between Vietnam and foreign countries and sending for the Foreign Ministry, the Supreme People's Court.

Article 25. Update and announce the names of countries, territories had a deal or precedent applies the principle of reciprocity with Vietnam about civil judicial assistance every year, the Ministry of Foreign Affairs is responsible for updating the names of countries, territories had a deal or precedent applies the principle of reciprocity with Vietnam about judicial assistance in the civil sector and submitted to the Ministry of Justice, the Supreme People's Court.

Article 26. The responsibility to announce results of authorization 1. The Ministry of Justice, Ministry of Foreign Affairs within the scope of its powers is responsible for examining, urging and announcement of results the implementation of foreign assistance request about civil justice, requested authorization of foreign civil and within the time limit prescribed by the law.

2. Courts and other competent bodies in the scope of its powers is responsible for implementing authorization of the competent bodies of foreign countries and announce the results of the judicial trustee within the time limit prescribed by the law.

Article 27. Reviews, summary, summarizing the situation of judicial assistance on civil justice presiding, to coordinate the Foreign Ministry and the Supreme People's Court held a regular meeting every year to assess the situation of the judicial assistance in the civil sector, information on the international treaties on judicial assistance between Vietnam , the agreement applies the principle of reciprocity with the country and foreign law on this field, the implementation of the foreign representative offices in Vietnam and abroad with regard to authorization of Vietnam's civil.

Article 28. Enforceable


1. This circular is effective from 01/12/2011.

2. Do not apply the guidance in this circular to protest under the order of Cassation, a retrial for the civil case was settled under the rules of the law of that judgment, the Court's decisions had the force of law unless the other base.

3. for the civil case was the Court accepting the previous day this circular effect, but since the day this circular effect: new trial of first instance, appeal, Cassation, retrial shall apply this circular to solve.

Article 29. The Organization made in the process of implementation of this circular, if there are problems or new issues arise, the provincial people's Court, the State Agency has the authority to another reflection on the Ministry of Justice, Ministry of Foreign Affairs and the Supreme People's Court to promptly handle./.