Judicial mandate activities for the Russian Federation, Belarus and Ukraine to be temporarily suspended in Vietnam due to the influence of the world situation?
Judicial mandates to the Russian Federation, Belarus and Ukraine to be immediately suspended in Vietnam?
Pursuant to Section 1 of Official Dispatch 131/TANDTC-HTQT in 2022 of the High People's Court of Vietnam, the following notes were sent to local people's courts and high-level people's courts as follows:
"1. On the suspension of judicial mandates for some countries
According to the announcement of the Ministry of Justice, requests for judicial mandate to serve documents, collect evidence, verify addresses... for the following countries: Russian Federation, Belarus, Ukraine must be temporarily suspended due to the influence of the epidemic situation and the situation of the world. Therefore, the Courts suspend sending to the Ministry of Justice dossiers of request for judicial mandate to the above-mentioned countries until receiving new notices.”
Thus, due to the influence of the epidemic situation and the world situation, the Ministry of Justice has temporarily suspended judicial mandate to serve documents, collect evidence, verify addresses... in the Russian Federation. Belarus and Ukraine. Therefore, the People's Courts at all levels stopped sending the request for judicial mandate to the above countries at the Ministry of Justice.
Judicial mandate activities for the Russian Federation, Belarus and Ukraine to be temporarily suspended in Vietnam due to the influence of the world situation? (Image from the internet)
What are the countries approving the Conventions on the taking of evidence abroad with Vietnam?
Pursuant to subsection 2.1, Section 2, Official Dispatch 131/TANDTC-HTQT in 2022 of the High People's Court, which provides guidance on the member countries of the Hague Convention on the taking of evidence abroad with Vietnam as follows:
"2. The Hague Court entrusts the collection of evidence in accordance with the provisions of the Hague Convention on the collection of evidence abroad in civil or commercial matters.
2.1. Currently, Vietnam is a member of the Hague Convention on the taking of evidence abroad in civil or commercial matters with Vietnam (Convention on the taking of evidence abroad).
However, according to the provisions of this Convention, the Convention only takes effect between Vietnam and another member state of the Convention if that member country has written consent. Currently, according to the announcement of the Hague Conference on International Justice, there are 26 member countries of the Convention that collect evidence abroad and have written approval of this Convention to enter into force between that country and Vietnam. Specifically, the following countries:
What are the regulations on the judicial mandate for Japan to collect evidence?
Pursuant to subsection 2.3, section 2, Official Dispatch 131/TANDTC-HTQT in 2022 of the High People's Court has guided the collection of evidence in Japan through judicial mandate as follows:
"2. The Court entrusts the collection of evidence in accordance with the provisions of the Hague Convention on the collection of evidence abroad in civil or commercial matters.
…
2.3. About the Court entrusting Japan to collect evidence
2.3.1. About the legal entrustment file
Dossier of request to entrust Japan to collect evidence is made in 03 sets. Each dossier set includes the following documents, papers and documents:
- Dispatch sent to the Ministry of Justice according to Form No. 01 issued under 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 High People's Court. high;
- Written request for judicial mandate made according to Form 2A issued under 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 High People's Court;
- Written request to collect evidence such as: Questionnaire for the competent authority of Japan to ask the litigant; request collection of papers and documents; request verification of the legitimacy of papers and documents. In case of requesting Japan to verify the address of the involved party, the Court shall follow the instructions in Official Dispatch No. 114/TANDTC-HTQT dated September 17, 2021 of the High People's Court;
- Receipt of payment of VND 200,000 of judicial mandate fee according to Resolution No. 326/2016/UBTVQH14 dated December 30, 2016 of the National Assembly Standing Committee;
- Receipt of payment of VND 03 million in advance for judicial mandate fee (original or photocopy) as prescribed in Article 7 of Joint Circular No. 12/2016/TTLT-BTP-BNG-TANDTC dated 19 October 2016 by the Ministry of Justice, the Ministry of Foreign Affairs and the High People's Court.
2.3.2. About how to make a request for entrustment according to Form 2A
The Court made this document according to the guidance in 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 High People's Court. In particular, when making documents, the Court should note:
- In the box where the name of the agency is authorized, the Court writes: "A competent court of Japan".
- In the box marked "judicial mandate work", the Court ticks V in the "Collecting and providing evidence" section.
- In the box marked "Measures to implement judicial mandate", the Court ticks V in the item "According to the measure mentioned in the national law of the requested country”.
2.3.3. About the translation of the legal trust documents
In each set of judicial mandate dossiers, the Court shall enclose the Japanese translation of each document, paper and document contained in the dossier, except the official dispatch sent to the Ministry of Justice according to Form No. 01 issued under Circular No. Joint Circular No. 12/2016/TTLT-BTP-BNG-TANDTC dated October 19, 2016 of the Ministry of Justice, Ministry of Foreign Affairs and High People's Court is not required to be translated into Japanese.
The translation must be notarized or authenticated by the translator's signature. The cost of translating, notarizing or certifying the translator's signature shall be paid by the plaintiff, requester, and appellant to the translation establishment.
The court should note the following issues when translating documents into Japanese: 日本国管轄裁判所
- For the Document Requesting judicial mandate, the Court requested to translate the sentence "Competent Court of Japan" into Japanese as:
- All of the notary's testimony to the translation or the translator's signature attestation must be translated into Japanese."
Accordingly, the Court's judicial mandate for Japan to collect evidence is carried out according to the above guidance.
LawNet
