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法規名稱: AGREEMENT between the Taipei Economic and Cultural Office in Vietnam and the Vietnam Economic and Cultural Office in Taipei On Judicial Assistance in Civil Matters
簽訂日期: 民國 99 年 04 月 12 日
生效日期: 民國 100 年 12 月 02 日
簽約國: 亞太地區 > 越南社會主義共和國
沿革:
1.Signed on April 12, 2010; Entered into Force on December 2, 2011

 
The Taipei Economic and Cultural Office in Vietnam and The
Vietnam Economic and Cultural Office in Taipei (Hereafter
referred to as "the two Parties”),
For the purpose of strengthening co-operation in judicial
assistance in civil-related matters, on the basis of equality
and mutual benefit;
Have agreed as follows:

Chapter I General Provisions

Article 1 Scope of Assistance
1. In accordance with the provisions of this Agreement, the two
parties shall provide each other with judicial assistance in
the following civil matters:
a) Service of documents;
b) Investigation,and taking of evidence
c) Recognition and enforcement of judgments and decisions of
the Courts in civil matters and arbitral awards;
d) Other matters stipulated by this Agreement.
2. “Civil matters" referred to in this Agreement shall include
civil, commercial, marital, family and labor matters.
3. “Competent authorities” referred to in this Agreement means
the Courts, the Prosecutor office and other authorities
having jurisdiction over civil matters.

Article 2 Judicial Protection
1. Individuals of one Party shall enjoin in the territory of the
other Party the same judicial protection for the personal and
property rights as individuals of the other Party and shall
have the right to contact and implement the proceedings
before the courts and other authorities having jurisdiction
over civil matters in the same conditions accorded to the
individuals of the other Party.
2. The provisions in paragraph 1 of this Article shall also
apply to legal persons and other organizations which may
participate in legal proceedings as the interested parties
established in the territory one of the two Parties under its
law.

Article 3 Reduction or Exemption of Legal Fee and Legal Aid
1. Individuals of one Party shall be reduced or exempted from
payment of legal fees and shall be afforded free legal aid in
the territory of the other Party under the same conditions
and level as those for the individuals of the other Party.
2. If the application for reduction or exemption of legal fees
or for legal aid will be decided on the financial situation
of the applicant, a certificate on such situation shall be
issued by the competent authorities of the Party where the
applicant has his or her domicile or residence. If the
applicant has no domicile or residence in either of the two
Parties, the certificate may be issued by the designated
oversea competent authority of that Party.
3. An individual of one Party applying for reduction or
exemption of legal fees or for legal aid in accordance with
paragraph 1 of this Article, may submit an application to the
competent authority of the Party where the applicant has his
or her domicile or residence. This authority shall transmit
the application together with the certificate issued under
paragraph 2 of this Article to the competent authority of the
other Party. The applicant shall also submit the application
directly to the competent authority of the other Party.

Article 4 Mode of Communication
For the purpose of making and executing a request for judicial
assistance, the two Parties shall, unless otherwise provided in
this Agreement, communicate through their designated competent
authorities.

Article 5 Language
A request for judicial assistance and any documents attached
thereto drawn up under this Agreement shall be accompanied by a
duly certified translation into the official language of the
requested Party or English.

Article 6 Costs of Judicial Assistance
1. The two Parties shall provide each other with free of charge
judicial assistance.
2. The expenses relating to the witness or expert of one Party
shall be implemented as provisions in Article 12 of this
Agreement.
3. If the execution of a request for judicial assistance
requires extraordinary expenses, the two Parties shall
consult their opinions to decide the condition for the
execution of that request.

Article 7 Request for Judicial Assistance
1. A request for judicial assistance shall be made in writing
and shall contain the following items:
a) Date of the request;
b) Name and address of the requesting authority;
c) Name and address of the requested authority;
d) Name, gender, occupation, place of birth and address of the
person, or name and address of the agency or organization
concerned;
e) A description of the case, requested matters and other
information relating to the request for judicial ssistance.
2. If the requested Party finds that the information in the
request for judicial assistance is inadequate for the
execution thereof, the requested Party shall require that
further necessary information be provided.
3. The request for judicial assistance and accompanied documents
must be signed and sealed by the requesting authority.

Article 8 Execution of Request for Judicial Assistance
1. The requested Party shall execute the request for judicial
assistance in accordance with its laws.
2. The requested Party may execute the request for judicial
assistance in the manner requested by the requesting Party,
unless this is contrary to its laws.

Article 9 Refusal or Postponement of Execution of Request for
Judicial Assistance
1. A request for judicial assistance may be refused if the
requested Party finds that the execution of the request is
likely to prejudice its security, public order, fundamental
legal principles or essential interests. The requested Party
shall inform the requesting Party of the reasons of such
refusal.
2. A request for judicial assistance may be postponed if the
requested party finds that the immediate execution of the
request is likely to impede its ongoing criminal
investigation or prosecution. The requested Party shall
inform the requesting Party of the reasons of postponement.

Article 10 Transfer of Money and Objects
Transfer of money and objects under this Agreement from the
territory of one Party to the territory of the other Party shall
be in accordance with the laws of the transferring Party
concerning transfer of money and objects abroad.

Article 11 Summon of Witness and Expert
1. If appearance of a witness or an expert before its judicial
authorities is deemed necessary, the requesting Party shall
mention in the request for service of summon expenses
payable, conditions and time of payment to the witness and
expert.
2. The summon shall be sent to the requested Party no later than
60 days prior to the date on which the person summoned must
appear before the judicial authority of the requesting Party.
3. The requested Party shall serve the summon upon the person
concerned and inform the requesting Party of the opinion of
the summoned person.

Article 12 Protection of Witness and Expert
1. The witness or expert appearing before the judicial authority
of the requesting Party under the provisions of this
Agreement, shall not be criminally prosecuted, detained or
subject to any other restriction of his personal liberty in
the territory of that Party in respect of criminal acts or
convictions anterior to his departure from the territory of
the requested Party. Nor may such person be prosecuted,
detained or punished in connection with his/her truthful
testimony or expert evidence.
2. The protection under the paragraph 1 of this Article shall
cease when the witness or expert having had, for a period of
7 days, from the date he was informed by the competent
authority that his presence is no longer required, an
opportunity of leaving, has nevertheless remained in or
returned to the territory of the requesting Party. Such
period shall not include the time during which the witness or
expert was unable to leave the territory of the requesting
Party for reasons beyond his control.
3. The witness or expert summoned by the judicial authorities
under paragraph 1 of this Article shall be paid travel, meal
and accommodation expenses as well as other allowance during
his/her presence at the territory of the requesting Party.
The expert shall also be paid for his/her expert conclusions.
The summon must specify the amount to be paid to the expert.
If the person summoned requests for advance money to cover
his/her expenses, the judicial authority of the requesting
Party shall give the person a sum of the money to be paid for
the person's expenses.
4. The witness or expert who has received a summon may refuse to
comply with it. The requested Party shall not have the right
to take any compulsory measure to force the person summoned
to comply with the summon.

Article 13 Service of Documents to Own Individuals
1. The judicial authorities of one Party may, through its
Economic and Cultural Office, serve documents upon its own
individuals who are residing in the territory of the other
Party.
2. In serving documents under paragraph 1 of this Article, the
Economic and Cultural Office shall not have the right to take
any compulsory measures in relation to the person receiving
the documents.

Article 14 Exchange of Legal Information
1. The two Parties shall, upon request, provide each other with
information of the current laws, disclosed authority
documents and law enforcement practices in their territories.
2. A request for information shall state the name of requesting
authority as well as the purpose of the request.

Article 15 Exemption from Legalization
In implementation of this Agreement, documents and translations
shall not subject to legalization in any form, provided that
they are officially signed and sealed.

Article 16 Judicial Assistance at Concurrent Requests
1. Where the requested Party receives more than one requests for
judicial assistance in the same matter, one of which is from
one Party, the requested Party shall decide which request it
shall execute.
2. In deciding which request it shall execute, the requested
Party shall take into account all relevant circumstances,
particularly:
a) The date on which the request was received;
b) Nature of the matter requested;
c) Effect of the execution of a request on the execution of
another request; and
d) The time required for the execution of the request.
3. The requested Party shall inform the requesting Party of the
existence of concurrent requests relating to the same matter
and its decision.

CHAPTER II Judicial Assistance in Civil Matters

Article 17 Service of Documents
1. The requested Party shall, upon request, serve judicial
documents and relevant attachments.
2. The documents to be served shall made in two sets and
translated into the language of the requested Party or
English and shall be sent together with the request for
service.
3. The requested Party shall, after serving the documents, send
to the requesting Party a certificate of the service, which
specifies the date, place and method of servicing with the
signature and seal of the serving authority which has served
the documents. If the service of the documents is impossible,
the requested Party shall notify the requesting Party of the
reasons thereof.

Article 18 Investigation and Taking of Evidence
1. Upon request, the two Parties shall assist each other in
investigation, custody-evaluation, taking of evidence and
implementation of necessary proceedings in order to conduct
the investigation and taking of evidence.
2. In addition to the provisions of Article 7 of this Agreement,
request investigation and taking of evidence shall also
include the following particulars:
a) The questions to be put to the persons to be examined or a
statement of the subject matters about which they are to be
examined; and
b) The documents or property to be inspected.
3. The requested Party shall notify in writing the requesting
Party of the results of the execution of the request for
investigation and taking of evidence accompanied with
documentary evidence.

CHAPTER III Recognition and Enforcement of Judgments,
Decisions and Arbitral Awards

Article 19 Recognition and Enforcement of Judgments and
Decisions
Under the conditions stipulated in this Agreement, one Party
shall in its territory recognize and enforce the following
judgments and decisions rendered by the other Party:
a) Civil judgments and decisions, including but not limited to
court's judgments and decisions in commercial, labor,
marital, family matters and other judgments and decisions
stipulated in this Agreement;
b) Decisions relating to property in criminal judgments.

Article 20 Conditions for Recognition and Enforcement
The judgments and decisions stipulated in Article 19 of this
Agreement shall be recognized and enforced if the following
conditions are met:
a) The judgment or decision is legally effective and final
according to the laws of the requesting Party and
enforceable under the laws of the Party that rendered the
judgment or decision;
b) The judgment or decision is given by the competent
authorities stipulated in this Agreement and the laws of
the requesting Party;
c) The civil judgment or decision of the requesting Party has
come into force and is not contrary to the laws of the
requested Party; or a court of the requested Party has not
recognized and enforced the effective decision rendered by
a third state on the same litigation; or the same case has
not been brought to a court of the requested Party;
d) The judgment or decision has been rendered by the court
where the procedural rights of litigants or their legal
representatives have been properly secured;
e) The requested Party is satisfied that the recognition and
enforcement of the judgment or decision shall not prejudice
its security, public policy or contradict fundamental
principles of its laws.

Article 21 Submission of Request
1. Request for recognition and enforcement of judgments or
decisions given by the courts may be submitted by parties
directly to the courts having the competence to recognize and
enforce the judgments or decisions.
2. In addition to the provisions of Article 7 of this Agreement,
the request for recognition and enforcement of a decision
given by a court must be accompanied with:
a) A complete and authenticated copy of the decision and
documents certifying that the decision has come into force
and is final;
b) Documents to certify that the defaulting party has been
legally summoned, in the case the decision rendered by
default;
c) Documents or descriptions to certify that the party without
capacity for action has been properly represented.
3. A request for recognition and enforcement of judgment or
decision and attached documents shall be made in duplicate.

Article 22 Procedures for Recognition and Enforcement
1. One Party shall apply its laws to the recognition and
enforcement of decisions rendered by the courts of the other
Party.
2. The courts of the requested Party shall confine themselves to
examining whether the conditions stipulated in this Agreement
are met, and shall not examine the substance of the decisions.

Article 23 Effect of Recognition and Enforcement
The judgments or decisions rendered by the courts of one Party
which have been recognized and enforced by the courts of the
other Party shall have the same effect as those rendered by the
courts of the other Party.

Article 24 Recognition and Enforcement of Arbitral Awards
One Party shall recognize and enforce arbitral awards rendered
in the territory of the other Party in accordance with the
Convention on the Recognition and Enforcement of Foreign
Arbitral Awards concluded in New York on June 10, 1958 and the
Arbitration laws of the two parties.

CHAPTER IV Other Provisions

Article 25 Settlement of Disagreement
Any disagreement arising from the interpretation or
implementation of this Agreement shall be settled through
consultation of the two Parties.

Article 26 Entry into Force
This Agreement shall enter into force on the thirtieth day after
the date of the last notification on the fulfillment by the
Parties of their internal procedures necessary for its entry
into force.

Article 27 Amendments
Any amendment to this Agreement must be agreed by the two
Parties.

Article 28 Effect of Agreement
1. This Agreement shall remained in force until termination by
either Party giving a six month prior written notice of its
intention to the other Party through their Economic and
Cultural Offices.
2. Request before termination shall be completely executed
according to this Agreement.

Article 29 Supplementary Provision
Judicial assistance which is not provided in this Agreement
shall be performed by laws on judicial assistance of the
requested Party.

Done in duplicate in the English language.



For the Taipei Economic and For the Vietnam Economic and
Cultural Office in Vietnam Cultural Office in Taipei

____________________________ ____________________________

DATE:______________________ DATE:______________________
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