THE MINISTRY OF JUSTICE

THE MINISTRY OF FOREIGN AFFAIRS

THE SUPREME PEOPLE’S COURT

Joint Circular No. 15/2011/TTLT-BTP-BNG-TANDTC dated  September 15, 2011 of the Ministry of Justice, the Ministry of Foreign Affairs and the Supreme People’s Court guiding the application of a number of provisions of the Law on Legal Assistance in the civil domain

Pursuant to November 21, 2007 Law No. 08/2007/QH12 on Legal Assistance;

For proper and uniform application of the Law on Legal Assistance, the Ministry of Justice, the Ministry of Foreign Affairs and the Supreme People’s Court jointly provide uniform application of a number of provisions of the Law on Legal Assistance on legal assistance in the civil domain as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Joint Circular guides the application of a number of provisions of the Law on Legal Assistance on principles, jurisdiction, order and procedures for providing legal assistance in the civil domain; handling of results of legal assistance in the civil domain and responsibilities of Vietnamese state agencies for legal assistance in the civil domain.

Article 2. Subjects of application

This Joint Circular applies to Vietnamese agencies, organizations and individuals; and foreign agencies, organizations and individuals involved in activities of legal assistance in the civil domain with Vietnam. Article 3. Application of foreign laws to legal assistance in the civil domain

1. A foreign law may be applied under Clause 2, Article 3 of the Law on Legal Assistance when the following conditions are fully satisfied: a/ There is a treaty on legal assistance between Vietnam and a foreign country concerning this issue;

b/ The application of the foreign law is not contrary to basic principles of Vietnamese laws and is compliant with international law and practice; c/ There is a written request of a foreign country’s authority for the application of this country’s law.

2. The Ministry of Justice shall assume the prime responsibility for, and coordinate with the Ministry of Foreign Affairs and the Supreme People’s Court in, considering and deciding on the application of foreign laws. In case conditions for application of foreign laws are not fully satisfied, the Ministry of Justice shall reply in writing to requesting countries. Article 4. Application of the principle of reciprocity

1. The principle of reciprocity shall be applied at the request of a Vietnamese authority:

a/ In case a Vietnamese court or authority requests an authority of a foreign country to provide legal assistance in a civil case or matter when there is no treaty on legal assistance in the civil domain between Vietnam and that country or there is neither an agreement on nor a precedent in application of the principle of reciprocity regarding relevant issues, the court shall send to the Ministry of Justice a written request for application of the principle of reciprocity enclosed with a dossier of legal mandate in the civil domain.

b/ Within 10 working days after receiving a dossier of legal mandate in the civil domain, the Ministry of Justice shall send a written request enclosed with this dossier to the Ministry of Foreign Affairs for consideration and decision on requesting a foreign authority to apply the principle of reciprocity.

c/ Within 10 working days after receiving a dossier, the Ministry of Foreign Affairs shall consider and make a decision specified at Point d or e, Clause 1 of this Article. In case of necessity to consult the Ministry of Justice and the Supreme People’s Court on the application of the principle of reciprocity, this time limit is 20 days.

d/ In case the Ministry of Foreign Affairs requests a foreign authority to apply the principle of reciprocity, it shall send to an overseas Vietnamese representative mission a dossier of legal mandate in the civil domain enclosed with a diplomatic note requesting a foreign authority to apply the principle of reciprocity. Such note must request a foreign authority to issue an official reply on the application of the principle of reciprocity with Vietnam.

e/ In case the Ministry of Foreign Affairs does not request a foreign authority to apply the principle of reciprocity, it shall return the dossier to the Ministry of Justice and clearly state the reason.....

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