Decree of the Minister for Foreign Affairs No. 98 / 1984 Coll.
Decree of the Minister for Foreign Affairs on the Treaty between the Czechoslovak Socialist Republic and the Socialist Republic of Vietnam on Legal Assistance in Civil and Criminal Matters
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Effective from 16.04.1984
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98
DECLARATION
Minister for Foreign Affairs
of 27 April 1984
on the Treaty between the Czechoslovak Socialist Republic and the Socialist Republic of Vietnam on Legal Assistance in Civil and Criminal Matters
On 12 October 1982, the Treaty between the Czechoslovak Socialist Republic and the Socialist Republic of Vietnam on Legal Assistance in Civil and Criminal Matters was signed in Prague.
The Treaty was approved by the Federal Assembly of the Czechoslovak Socialist Republic and ratified by the President of the Czechoslovak Socialist Republic. The instruments of ratification were exchanged in Hanoi on 16 March 1984.
The Treaty entered into force on 16 April 1984 pursuant to Article 81 thereof.
The Czech version of the Treaty is hereby published at the same time.
Minister:
Ing. Chupek v. r.
TREATY
between the Czechoslovak Socialist Republic and the Socialist Republic of Vietnam on Legal Assistance in Civil and Criminal Matters
The Czechoslovak Socialist Republic and the Socialist Republic of Vietnam, led by the desire to further develop brotherly relations between the peoples of the two States in accordance with the Treaty for Friendship and Cooperation between the Czechoslovak Socialist Republic and the Socialist Republic of Vietnam of 14 February 1980 and to facilitate legal relations between the two States in civil, family and criminal matters, have decided to conclude this Treaty. To that end, they appointed their agents:
President of the Czechoslovak Socialist Republic:
Antonín Kaspar, Minister of Justice of the Czech Socialist Republic,
Chairman of the State Council of the Socialist Republic of Vietnam:
Phan Hiena, Minister of Justice of the Socialist Republic of Vietnam,
which, after the exchange of full powers which have been found to be in good and proper form, have agreed as follows:
GENERAL PROVISIONS
Legal protection
(1) Citizens of one Contracting Party enjoy in the territory of the other Contracting Party the same rights and the same legal protection in personal and property matters as their own citizens.
(2) Within the meaning of paragraph 1 of this Article, the citizens of one Contracting Party shall have free access to the courts and other authorities of the other Contracting Party competent in civil and criminal matters and shall be entitled to make proposals with those authorities to protect their personal and property rights.
(3) The civil matters referred to in this Treaty include family and labour matters.
(4) The provisions of this Treaty concerning the citizens of the Contracting Parties shall also apply to legal persons of both Contracting Parties.
Legal aid
(1) The courts, prosecutors and other authorities of both Parties active in civil and criminal matters (hereinafter referred to as the "judicial authorities") shall grant each other legal assistance under the conditions laid down in this Treaty.
(2) The judicial authorities shall provide each other with legal assistance by carrying out various acts, in particular by interviewing witnesses, participants, accused persons or other persons, carrying out expert evidence, writing, sending and delivering documents.
Method of contact
(1) Unless otherwise provided for in this Treaty, the judicial authorities of the Contracting Parties shall meet through central bodies.
(2) For the purposes of this Treaty, central authorities shall mean:
(a) on the part of the Czechoslovak Socialist Republic:
- General Prosecutor of the Czechoslovak Socialist Republic
- Ministry of Justice of the Czech Socialist Republic
- Ministry of Justice of the Slovak Socialist Republic
(b) on the part of the Socialist Republic of Vietnam:
- Supreme People's Prosecutor
- Department of Justice of the Socialist Republic of Vietnam.
Language
Unless otherwise provided for in this Treaty, the authorities of the Contracting Parties shall use their official languages or Russian language in their mutual relations in the implementation of this Treaty.
Request
(1) Unless otherwise provided for in this Treaty, legal aid shall be granted on the basis of a request under the law of the State in which it is granted.
(2) The application and the documents attached thereto must be signed and stamped by the competent authority. If a translation is to be attached to the document, it shall be verified by an authorised interpreter or public authority or by a diplomatic mission or consular post of one of the Contracting Parties.
(3) In mutual legal assistance, the authorities of the Contracting Parties may use their own forms.
(4) The application shall contain:
(a) an indication of the applicant judicial authority;
(b) the designation of the requested judicial authority;
(c) the precise description of the case in which legal aid is sought, indicating the subject matter and purpose of the request and the data needed for its execution;
(d) the names, surnames, citizenship, residence, status and employment or occupation of the participants, the accused, the accused, the convicted, the witnesses or the injured parties,
(e) the names and surnames and addresses of legal representatives, if any.
(5) The request for notification shall contain, in addition to the information referred to in paragraph 4 of this Article, the exact address of the addressee and the identification of the documents to be served.
(6) Where an interview is requested, the request shall also contain the questions to be asked.
(7) Requests in criminal matters shall also contain a legal indication and description of the offence committed and, where possible, the date of birth of the accused and the names of their parents.
Processing of requests
(1) The application shall be made in accordance with Article 5 (1) of this Treaty. At the request of the applicant authority, the request may be made in the manner indicated in the request, unless this is contrary to the law of the requested State.
(2) The requested judicial authority shall inform the requesting judicial authority, at its request, of the place and time of execution of the request in due time.
(3) If the requested authority is not competent to process the request, it shall forward it to the competent authority without delay.
(4) If the request cannot be completed, the requested authority shall return the documents and inform the reasons for the request.
(5) If the exact address of the person mentioned in the request is not known, the requested party's authority shall take measures to establish the whereabouts of the requested party.
Service of documents
(1) Documents in the field of civil law to be served on persons residing in the territory of the other Contracting Party shall be annexed to the request for service in duplicate.
(2) If the document to be served is not drawn up in the language of the requested Contracting Party or is not accompanied by a translation into that language, the requested authority shall deliver the document to the addressee only if it is willing to accept it voluntarily.
(3) A document of service shall be issued in accordance with the provisions governing the service of the requested Contracting Party. The document shall indicate the place, date and method of service.
(4) If the document cannot be served at that address, the requested authority shall take measures to establish the address of the addressee. If the address cannot be ascertained, it shall inform the requesting authority thereof and return the document at the same time.
(5) At the request of the applicant authority, the requested authority shall, within the limits of the provisions in force in the territory of the requested Contracting Party, arrange for the document to be served on the addressee in its own hands.
Service to your own citizens
The Contracting Parties may also deliver documents to their own citizens through their diplomatic missions or consular offices. In this case, coercive devices cannot be used.
Protection of witnesses and experts
(1) A witness or expert resident in the territory of one Contracting Party shall not be obliged to appear at the request of the authority of the other Contracting Party. The summons must therefore contain no threats to the use of enforcement measures in the event of non-appearance.
(2) A witness or expert who resides in the territory of one Contracting Party and who is present on a summons to the judicial authority of the other Contracting Party may not be prosecuted or subjected, irrespective of his citizenship, to restrictions on personal freedom for an act which he has committed before crossing the borders of the requesting Contracting Party, to a penalty for such an act imposed or to a restriction on personal freedom in connection with the subject matter of proceedings.
(3) The witness or expert shall lose the protection referred to in paragraph 2 of this Article if he does not leave the territory of the requesting Contracting Party within 15 days of being informed that his presence is no longer necessary. The period of time within which a witness or expert could not leave the territory of the requesting Contracting Party for reasons independent of him shall not be counted.
(4) The persons referred to shall be entitled to reimbursement of their travel and subsistence expenses and of the loss of earnings. In addition, experts shall be entitled to the payment of the expert fee. The summons shall specify the type of refund to which those persons are entitled; an advance shall be paid on their request to cover the expenditure concerned.
(5) Where a person is called as a witness in custody in the territory of the requested Contracting Party, the authorities of that Contracting Party, as referred to in Article 3 (2) of this Treaty, may arrange for his transfer to the territory of the requesting Contracting Party, provided that he is kept in custody and returned immediately after the interview.
Legal aid costs
(1) Each Contracting Party shall bear the costs of legal aid incurred within its territory.
(2) At the request of the applicant authority, the requested authority shall notify the amount of costs incurred. If these costs are reimbursed, they shall remain with the requesting Contracting Party.
Address Detection
The competent authorities of the Contracting Parties shall assist each other in identifying the addresses of persons present within their territory if this is necessary to exercise the rights of their citizens.
Legal information
The central authorities of the two Contracting Parties shall, upon request, send to each other information on legislation applicable or applicable in their respective States, together with their text, as well as information on legal issues and legal practice.
Certificate validity
(1) Documents issued or certified by the competent authorities in a specified form in the territory of one Contracting Party may be used without further verification in the territory of the other Contracting Party. The same shall also apply to signatures on other instruments certified under legislation in the territory of one of the Contracting Parties.
(2) The provisions of paragraph 1 of this Article shall also apply to copies and translations of documents certified by the competent authority.
(3) The authentic instrument which is considered to be public in the territory of one Contracting Party shall have the character of authentic instruments in the territory of the other Contracting Party.
Refusal of legal aid
The provision of legal assistance under this Treaty may be refused if the requested Contracting Party considers that the provision of legal assistance would infringe its sovereignty or security or would be contrary to the fundamental principles of its rule of law.
CITIZENS
CHAPTER 1
Personal matters
Eligibility for rights and legal acts
(1) The eligibility of citizens of each Contracting Party for rights and legal acts is governed by the law of the Contracting Party to which that person is a citizen.
(2) The eligibility of a legal person shall be governed by the law of the Contracting Party under which it is established.
Elimination and limitation of legal capacity
(1) Unless otherwise provided for in this Treaty, the competent judicial authority of the Contracting Party whose citizen is the person whose capacity it is to decide shall be the removal or limitation of legal capacity.
(2) Where the judicial authority of one Contracting Party finds that a citizen of the other Contracting Party residing in its territory has grounds for depriving or restricting legal capacity, it shall notify the competent judicial authority of the other Contracting Party. This shall also apply where the judicial authority takes the temporary measures necessary to protect that person or his property.
(3) Where the judicial authority of the other Contracting Party to which the facts referred to in paragraph 2 of this Article have been notified does not initiate the necessary procedure itself within three months, or if it does not express itself within that period, the removal or restriction of legal capacity shall be carried out by the judicial authority of the Contracting Party in whose territory the person whose capacity he is to decide has his residence. The decision shall be sent to the competent judicial authority of the other Contracting Party.
(4) Where the proceedings are held before a judicial authority competent under the preceding paragraph, the removal or limitation of legal capacity may be decided only on the grounds laid down in both Parties' legal systems.
(5) The provisions of this Article shall also apply in the event of a repayment or change of legal capacity.
(1) The competent judicial authority of the Contracting Party whose citizen was that person at the time when, according to the latest reports, he was still alive is to declare the person dead.
(2) The judicial authorities of one Contracting Party may declare himself dead as well as determine the date of death of a citizen of the other Contracting Party, on the basis of a proposal from persons living in the territory of that Contracting Party, if they demonstrate a legal interest in accordance with the law of that Contracting Party.
(3) In the cases referred to in paragraphs 1 and 2 of this Article, the judicial authorities of the Contracting Party shall comply with the law of their State.
(4) Decisions taken pursuant to paragraph 2 of this Article shall have legal consequences only within the territory of the Contracting Party whose judicial authorities have rendered them.
CHAPTER 2
Family business
Marriage
(1) In the event of the conclusion of a marriage by persons of whom one is a citizen of one Contracting Party and the other a citizen of the other Contracting Party, the conditions for the conclusion of the marriage shall be governed for each of them by the law of the Contracting Party which is a citizen. In addition, the requirements of the legal order of the Contracting Party in whose territory the marriage is concluded must be respected as regards the circumstances excluding marriages.
(2) The form of marriage is governed by the law of the Contracting Party in whose territory the marriage is concluded.
(3) The form of marriage before a representative of a diplomatic mission or consular post authorised by one of the Contracting States is governed by the law of that State.
(4) A marriage between the citizens of the Contracting Parties is always required to preserve civil form.
Personal and property relations of spouses
(1) If the two spouses are citizens of one Contracting Party and reside in the territory of the other Contracting Party, their personal and property relations shall be governed by the law of the Contracting Party to which they are citizens.
(2) Where one of the spouses is resident in the territory of one Contracting Party and the other in the territory of the other Contracting Party and the two spouses are citizens of the same Contracting Party, their personal and property relations shall be governed by the law of the Contracting Party to which they are citizens.
(3) If one of the spouses is a citizen of one Contracting Party and the other a citizen of the other Contracting Party, their personal and property relations shall be governed by the law of the Contracting Party in whose territory they have or have had their last joint residence.
(4) If the spouses to whom the provisions of paragraph 3 apply do not have a common residence in the territory of any Contracting Party, their personal and property relations shall be governed by the law of the Contracting Party to which the application has been lodged.
(5) The judicial authorities of a Contracting Party whose citizens are both spouses are competent to decide on their personal and property relations. Where, at the time of the opening of proceedings, the spouses are resident in the territory of the other Contracting Party, the authorities of that Contracting Party shall also be responsible.
(6) Where one of the spouses is a citizen of one Contracting Party and the other is a citizen of the other Contracting Party, the competent judicial authorities of the Contracting Party in whose territory they have or have had their last joint residence shall be responsible for deciding on the personal and property relations of those spouses. If the spouses did not have a common residence, the authorities of the two Contracting Parties shall be responsible.
Distribution
(1) Divorce is governed by the law of the Contracting Party whose citizens are both spouses at the time of the opening of proceedings.
(2) Where one of the spouses is a citizen of one Contracting Party and the other is a citizen of the other Contracting Party, the judicial authority in which divorce proceedings are pending shall decide according to the law of its State.
(3) The divorce procedure referred to in paragraph 1 of this Article shall be the jurisdiction of the judicial authority of the Contracting Party whose citizens are both married at the time of the application. If, at the time of filing the application for divorce, the two spouses are resident in the territory of the other Contracting Party, the judicial authority of that Contracting Party shall also be responsible.
(4) In the case referred to in paragraph 2 of this Article, the competent judicial authority of the Contracting Party in whose territory the two spouses are last resident together shall be the competent judicial authority. Where one of the spouses resides in the territory of one Contracting Party and the other in the territory of the other Contracting Party, the competent judicial authorities of both Contracting Parties shall be the competent judicial authorities.
Invalidity of marriage
(1) The determination of whether or not a marriage is there and the declaration of invalidity of a marriage is governed by the law of the Contracting Party which, in accordance with Article 18 of this Treaty, was used for the conclusion of a marriage.
(2) The jurisdiction of the institution shall be governed by the provisions of Article 20 of this Treaty.
Legal relations between parents and children
(1) Recognition, denial or detection of paternity is governed by the law of the Contracting Party whose child was a citizen at the time of birth.
(2) As regards the form of recognition of paternity, it is sufficient to comply with the laws of the Contracting Party in whose territory the recognition of paternity takes place.
(3) Legal relations between parents and children shall be governed by the law of the Contracting Party whose child is a citizen.
(4) Both the judicial authorities of the Contracting Party whose child is a citizen and the judicial authorities of the Contracting Party in whose territory he resides shall be responsible for deciding on the relations referred to in the previous paragraphs of this Article.
Maintenance obligation
(1) The maintenance obligation between parents and children shall be governed by the law of the Contracting Party whose citizen is the person entitled to maintenance.
(2) In proceedings concerning the matters referred to in paragraph 1 of this Article, the competent authority of the Contracting Party in whose territory the beneficiary resides shall be the competent authority.
The Contracting Parties shall take all steps necessary to fulfil the maintenance obligation and the enforcement of a judgment or other decision of the judicial authority concerning maintenance. The Contracting Parties shall take measures to ensure that maintenance transfers for underage children are handled preferably and without restriction.
Where a maintenance claim is lodged with a judicial authority of one Contracting Party against a debtor who resides in the territory of the other Contracting Party, the judicial authority of that Contracting Party shall, upon request, provide assistance in determining the source and amount of the compulsory income.
Authorisation and revocation
(1) The adoption and revocation of the application are governed by the law of the Contracting Party to which the transferee is a citizen at the time of the application for initiation. In the case referred to in Article 27 (2) of this Treaty, where spouses are citizens of different Contracting Parties, the conditions laid down in the laws of both Contracting Parties shall be complied with.
(2) The consent of the adopted child or of other persons and bodies shall be governed by the law of the Contracting Party to which the child is a citizen.
(1) The competent authority of the Contracting Party to which the transferee is a citizen at the time of the initiation of the procedure is responsible for the adoption and cancellation procedure.
(2) Where they are spouses, one of whom is a citizen of one Contracting Party and the other a citizen of the other Contracting Party, the competent judicial authority of the Contracting Party in whose territory they have or have had their last joint residence shall be responsible for the adoption and revocation of the adoption procedure.
Security
(1) The creation and termination of custody are governed by the law of the Contracting Party to which the guardian is a citizen.
(2) The legal relationship between the guardian and the guardian shall be governed by the law of the Contracting Party whose authority has appointed the guardian.
(3) The acceptance of custody and the obligation to act as guardian shall be governed by the law of the Contracting Party to which the guardian is a citizen.
(4) Unless otherwise provided for in this Treaty, the establishment and termination of custody shall be decided by the authority of the Contracting Party to which the guardian is a citizen.
(5) Decisions on the establishment and termination of custody relating to their own citizens issued by the authorities of one Contracting Party are also effective in the territory of the other Contracting Party.
(1) Where a guardian is required to protect the interests of a citizen of one Contracting Party who is resident, resident or property in the territory of the other Contracting Party, the judicial authority of that Contracting Party shall immediately inform the diplomatic mission or consular post of the other Contracting Party thereof.
(2) In urgent cases, the competent judicial authority shall take the necessary precautionary measures in accordance with the rule of law of its State and inform the diplomatic mission or consular post thereof without delay in accordance with paragraph 1 of this Article. Those measures shall remain in force until the judicial authority of the other Contracting Party has taken other measures and the judicial authority which has adopted the interim measures is informed thereof.
(1) The judicial authority competent under Article 28 (4) of this Treaty may transfer custody to the competent authority of the other Contracting Party if the guardian is resident in the territory of the other Contracting Party. The delegation of custody shall become effective once the other Party's authority has taken over custody. That authority shall inform the requesting authority without delay of the receipt of custody.
(2) The competent authority of the Contracting Party which has taken custody under paragraph 1 of this Article shall be governed by the law of its State. That authority shall not be entitled to decide on the personal status of the guardian.
Consequences of initiating the procedure
The opening of proceedings for the personal and property relations of spouses, for the divorce of marriages, as well as for legal relations between parents and children with the judicial authority of one Contracting Party shall prevent the opening of proceedings for the same case between the same parties to the judicial authority of the other Contracting Party. A judicial authority with which the same claim has been lodged later shall, on its own initiative, decline jurisdiction.
CHAPTER 3
Form of legal acts
(1) The form of legal acts is governed by the law applicable to the act itself. However, it is sufficient that the legal order in force at the place where the legal act took place is complied with.
(2) The form of legal acts relating to immovable property is governed by the law of the Contracting Party in whose territory the property lies.
Liability for damage
Obligations arising from infringements or omissions resulting from compensation obligations shall be governed by the law of the Contracting Party where such actions or omissions took place. The competent judicial authority of this Contracting Party shall be responsible for the proceedings concerning these matters.
CHAPTER 4
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Regulation Information
| Citation | Decree No. 98 / 1984 Coll., on the Treaty between the Czechoslovak Socialist Republic and the Socialist Republic of Vietnam on Legal Assistance in Civil and Criminal Matters |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.10.1984 |
|---|---|
| Effective from | 16.04.1984 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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