Hanoi-Vietnam: Procedures for judicial request in civil matters

- Supreme People’s Court; Superior People’s Courts; People’s Courts of provinces;

- Civil enforcement agencies of provinces;

- The Supreme People’s Procuracy; Superior People’s Procuracies; People’s Procuracies of provinces and

- Other competent agencies in accordance with regulations of law

- A proposal for judicial request in civil matters;

- A letter of request in civil matters;

- Other documents at the request of competent authorities of the Requested State (if any);

- Other documents serving the execution of request by Vietnamese judicial requesting authorities.

- Documents prescribed in an international treaty on mutual legal assistance in civil matters;

- In case there is no international treaty on legal mutual assistance in civil matters between Vietnam and the foreign country, the application includes:

+ Documents from the competent authority requesting legal mutual assistance in civil matters;

+ A letter of request in civil matters;

+ Other documents as required by the competent authority of the Requested State.

- Receipts of fees/charges for foreign judicial request in civil matters in Vietnam.

* Ministry of Justice:

- Within 10 working days from the date on which a Vietnamese judicial request is received, the Ministry of Justice shall keep record of this request and verify its eligibility.

- In case of eligible request, one of the procedures below shall be followed:

+ Forward the judicial requests through primary service channel;

+ Forward the judicial requests to the Ministry of Foreign Affairs for being served through diplomatic channel;

+ Forward the judicial requests through indirect diplomatic channel or indirect consular channel.

- In case of ineligible request, the Ministry of Justice shall return this request to the authority from which it is addressed and provide explanation.

* Ministry of Foreign Affairs and overseas representative agents of Vietnam:

- Upon receipt of a request forwarded by the Ministry of Justice, the Ministry of Foreign Affairs shall keep record of such request and forward it to an overseas representative agent of Vietnam within 5 working days.

- Upon receipt of the request forwarded by the Ministry of Foreign Affairs, the overseas representative agent of Vietnam shall keep record of such request and forward it to a foreign competent authority within 05 working days from the date of receipt;

- The service of judicial documents must made through direct diplomatic and consular channels

* Notification of Results:

- Within 05 working days from the date on which the results of executing a request and enclosed documents (if any) forwarded by a foreign competent authority are received, the overseas representative agent of Vietnam shall forward them to the Ministry of Foreign Affairs;

- Within 05 working days from the date on which the results of executing a request and enclosed documents (if any) forwarded by the overseas representative agent of Vietnam are received, the Ministry of Foreign Affairs shall forward them to the Ministry of Justice.

- Within 05 working days from the date on which the results of executing a request and enclosed documents (if any) are received, the Ministry of Justice shall forward them to the Vietnamese judicial requesting authority.

* Ministry of Justice:

- The Ministry of Justice shall receive foreign judicial requests. Within 10 working days, the Ministry of Justice shall keep record of the judicial request and verify its eligibility.

+ In case of eligible judicial request, the Ministry of Justice shall forward it to a competent authority of Vietnam;

+ In case of ineligible judicial request, the Ministry of Justice shall return it or assign the Ministry of Foreign Affairs to return it to the foreign competent authority and provide explanation.

*Competent Vietnamese authorities:

- Within 07 working days from the date on which a foreign judicial request is received, a competent authority of Vietnam shall keep record of the judicial request and perform one of the following tasks:

+ Receive the request for the purpose of execution in case that the civil matter concerned is intra vires;

+ Return the request to the Ministry of Justice in case that the civil matter concerned is ultra vires;

+ In a case where additional information or material is required or actual costs arise in relation with the executing of request, within 05 working days from the date on which the aforesaid information or material, or the actual costs are determined, a competent authority of Vietnam shall notify the foreign competent authority.

* Notification of Results:

- Within 05 working days from the completion of the judicial request, the competent authority of Vietnam shall send a notice of results in duplicate and enclosed documents (if any) to the Ministry of Justice.;

- Within 05 working days from the receipt of notice, the Ministry of Justice shall forward the notice and enclosed documents (if any) to the competent authority of the Requesting State in accordance with the international treaty or to the Ministry of Foreign Affairs in case of judicial request addressed through the Ministry of Foreign Affairs;

- Within 05 working days from the receipt of the notice and enclosed documents (if any), the Ministry of Foreign Affairs shall forward them to the competent authority of the Requesting State in which the judicial request originates..