THE MINISTRY OF JUSTICE - THE MINISTRY OF FOREIGN AFFAIRS - THE SUPREME PEOPLE’S COURT
Joint Circular No. 12/2016/TTLT-BTP-BNG-TANDTC dated October 19, 2016 of the Ministry of Justice, the Ministry of Foreign Affairs, the Supreme People’s Court on procedures for mutual legal assistance in civil matters
Pursuant to the Law on mutual legal assistance dated November 21, 2007;
Pursuant to the Government's Decree No. 92/2008/ND-CP dated August 22, 2008 on guidelines for the Law on mutual legal assistance;
The Minister of Justice, the Minister of Foreign Affairs and the Chief Justice of the Supreme People’s Court jointly promulgate a Joint Circular on procedures for mutual legal assistance in civil matters.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of adjustment
This Joint Circular deals with rules, procedures, and competence in provision of mutual legal assistance in civil matters and responsibilities of Vietnamese regulatory agencies in the mutual legal assistance in civil matters.
Article 2. Subject of application
This Joint Circular applies to Vietnamese agencies, organizations, and individuals and foreign agencies, organizations, and individuals that are involved in the mutual legal assistance in civil matters.
Article 3. Interpretation of terms
For the purposes of this Joint Circular, the terms below shall be construed as follows:
1. Vietnamese judicial request is a written request issued by a Vietnamese competent authority that requests a foreign competent authority to render one or a number of mutual legal assistance activities in civil matters.
2. Foreign judicial request is a written request issued by a foreign competent authority that requests a Vietnamese competent authority to render one or a number of mutual legal assistance activities in civil matters.
3. Payers of costs incurred in executing Vietnamese judicial requests (hereinafter referred to as Vietnamese request payers) include but are not limited to:
a) Any of litigants prescribed in Article 152 and 153 of the Civil Procedure Code 2015 in terms of requests for service of procedural documents, taking of evidence to settle civil cases and matters and requests for service of appeal decisions, cassation decisions, and reopening decision;
b) Any of agencies, organizations, or individuals that request the enforcement of a judgment/decision of a court or an arbitrator resulting in requests abroad.
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