In civil proceedings, the transfer and notification to individuals, agencies, and organizations related to civil cases such as litigants, witnesses, examiner, etc., of procedural documents on civil cases in progress are very necessary for them to know information and to exercise their procedural rights and obligations. Depending on the contents of the documents and the request for the performance of procedural rights and obligations of such persons, the procedure-conducting agencies shall transfer or notify them of the contents of the procedural documents in the following forms. such as issuing, serving, or communicating content.
In which, the procedural activities of the procedure-conducting agency that assigns individuals, agencies, and organizations related to civil cases procedural documents for their use is called the issuance of procedural documents; procedural activities of procedure-conducting agencies that assign individuals, agencies, and organizations related to civil cases procedural documents and force them to receive them is called service of procedural documents; The procedural activities of the procedure-conducting agency to notify individuals, agencies and organizations involved in a civil case about matters related to them is called a procedural document notification.
Normally, the people who are notified, issued, and served with procedural documents are those who have rights and obligations related to civil cases, including litigants and other procedure participants. In addition, the person who is notified, issued, and served with procedural documents can also be individuals, agencies, or organizations related to the settlement of civil cases. Currently, the procedures for granting, serving, and notifying procedural documents are prescribed in Articles 170 to 182 of the Civil Procedure Code 2015. The issuance, transference, and notification of procedural documents are carried out in accordance with the provisions of the Civil Procedure Code these terms are considered valid.
Procedural documents must be issued, served, and notified
The procedural documents to be issued, served, and notified to the persons involved in the civil case are the procedural documents related to their rights and obligations. On that basis, the scope of procedural documents to be issued, served, or notified is specified in article 171 of the Civil Procedure Code 2015 including:
- Notices, notices writing, summons, invitations in civil proceedings;
- Court judgments and decisions;
- Procuracy’s appeal decision; documents of civil judgment enforcement agencies;
- Other procedural documents as prescribed by law.
In the progress of proceedings, depending on the type of procedural documents, the promulgating agency and the competent persons of these agencies shall issue, serve or notify the procedure participants and other persons. related to the settlement of civil cases and civil judgment enforcement. In case the agency issuing procedural documents or its competent person fails to issue, serve or notify, the procedure participants or persons related to the settlement of civil cases Civil judgment enforcers and enforcers have the right to request them to issue, serve or notify them of these documents according to the procedures and within the time limit prescribed by law. If they do not satisfy, they have the right to complain to the competent person of these agencies or the superior management of that agency for settlement.
Obligations of persons performing the issuance, delivery, or notification of procedural documents.
In principle, the agency that issues procedural documents must issue, serve or notify the procedure participants or people involved in the procedural documents Articles 170 and 171 of the 2015 Civil Procedure Code stipulate: Courts, procuracies and judgment enforcement agencies are obliged to issue, serve or notify procedural documents to persons involved in the case. Civil. Procedure-conducting persons or officers of courts, procuracies, or judgment enforcement agencies have the powers and duties to perform the tasks of these agencies in the issuance, delivery, or notification of procedural documents.
In addition, in order to help agencies issuing procedural documents to issue, serve or notify procedural documents, the commune-level People’s Committee of the place where the civil procedure participants reside or the organization where the civil procedure participants work; involved parties, their representatives or defenders of their legitimate rights and interests; employees of postal service organizations, persons with the function of service and other persons prescribed by law are also obliged to issue, serve or notify procedural documents.
Persons obliged to issue, serve and notify procedural documents must properly perform their obligations. In case of failure to perform or improperly perform their obligations, depending on the nature and seriousness of their violations, these persons may be disciplined, administratively sanctioned, or examined for penal liability. If the person obligated to issue, serve or notify procedural documents fails to perform or improperly perform his/her obligations, causing damage, he/she must compensate the victim following the law.
Methods and procedures for issuing, serving, or notifying procedural documents
According to article 173 of the Civil Procedure Code 2015, the following methods of service and notification of procedural documents are available: in person by direct, by postal service or by an authorized third person; electronic data messages; public posting; announcement on the mass media and other methods prescribed by law.
Procedure for issuance, service or notice direct
Persons performing the issuance, delivery or notification of procedural documents must directly transfer to the persons who are granted, served or notified of relevant procedural documents. The person who is granted, served or notified must sign the minutes or the handover and receipt book of the procedural documents. The time to calculate the procedural time limit is the date they are issued, served, or notified of procedural documents. If the person to be issued, served, or notified is an individual, the document of action should be delivered to the individual.
In case the person who is granted served or notified refuses to receive procedural documents, the person performing the issuance, service, or notification refuses to receive the procedural documents must be made in writing, clearly stating the reasons for the refusal, certified by the head of the residential group, the People’s Committee of the commune police of that person’s refusal to receive the procedural documents.
In case the recipient is absent, he/she may assign his/her relatives with full civil act capacity to reside with them and request this person to commit to hand-over immediately to the person being issued, served, or notified. Relatives and co-residents who are allowed to transfer the procedural documents to the person being issued, served, or notified must sign and receive.
The date of signing for receipt by a co-resident relative is deemed to be the date of issue, service, or notice. In case the person to whom the notice is issued, delivered, or notified is absent but the time of return is unknown or the address is unknown, the executor must make a record signed by the information provider.
For cases where the person to be issued, served, or notified of procedural documents is an agency or organization, the procedural documents must be delivered directly to the legal representative or the person responsible for receiving the documents of the applicant. such agency or organization and must be signed by these persons.
Procedures for public listing:
In cases where direct service is not possible, the procedural documents must be publicly posted. Procedures for public posting of procedural documents shall comply with the provisions of Article 170 of the Civil Procedure Code 2015. Accordingly, the court directly or authorizes the person with the function of service or the People’s Committee to commune-level where the involved party resides, the place where the last office of the issuing, serving, or notified organization is located. The proof shall be posted at the court office, the commune-level People’s Committee. The person performing the listing must make a record to reflect the public posting of procedural documents. The minutes must clearly state the date, month, and year of the listing. The time for publicly posting procedural documents is fifteen days from the date of posting.
Procedures for announcement on mass media
The announcement in the mass media results are often low and not clearly defined. However, if it is not possible to directly serve and there are grounds to determine that the public posting of procedural documents does not guarantee that the person who is granted, served,followingor notified receives information about the document, it must comply with the following methods: this formula. In addition, the announcement on the mass media is also made when required by law or requested by other involved parties. In case the involved parties request a written notice on the mass media, the notification fee shall be borne by the involved parties requesting the notice.
The procedure for announcing on the mass media shall comply with the provisions of Article 180 of the Civil Procedure Code 2015, according to the provisions of this Law, the notice on the mass media must be posted on the Court’s electronic portal, on one of the Central’s daily newspapers for 3 consecutive issues and broadcast on the Central’s radio or television station three times in three consecutive days.
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