PROTECTION OF HUMAN RIGHTS IN THE INTERNATIONAL CIVIL JUDICIAL ASSISTANCE IN VIETNAM (luận văn thạc sỹ luật)

HO CHI MINH CITY UNIVERSITY OF LAW MANAGING BOARD OF SPECIAL PROGRAMS  - Bachelor’s thesis Major: International law PROTECTION OF HUMAN RIGHTS IN THE INTERNATIONAL CIVIL JUDICIAL ASSISTANCE IN VIETNAM STUDENT: TRAN MINH TUAN STUDENT NUMBER: 0955050224 CLASS: Advance Class 34th Course SUPERVISOR: Dr TRAN THANG LONG HO CHI MINH CITY, 2013 HO CHI MINH CITY UNIVERSITY OF LAW MANAGING BOARD OF SPECIAL TRAINING PROGRAMS  - BACHELOR’S THESIS REGULAR EDUCATION COURSE 34 (2009 – 2013) PROTECTION OF HUMAN RIGHTS IN THE INTERNATIONAL CIVIL JUDICIAL ASSISTANCE IN VIETNAM STUDENT: TRAN MINH TUAN STUDENT CODE: 0955050224 CLASS: ADVANCE CLASS 34th COURSE SUPERVISOR: Dr TRAN THANG LONG HO CHI MINH CITY 2013 Acknowledgments In this thesis, thanks are given to my family and teachers, who have supported and encouraged me during my study Moreover, I emotionally appreciate our university lecturers for their teaching and enthusiasm Specially thanks to Dr Tran Thang Long for being my supervisor and helping me throughout this course with valuable comment and important amendments Finally, I would like to thanks to Mrs Mai Hong Quy, our university principal, who promotes this advance program and gives many students like me a chance to participate in Commitment I hereby commit that the thesis “Protection of human rights in the international civil judicial assistance in Vietnam” is my own research under Lecturer Dr Tran Thang Long’s supervisor I would bear full responsibility for my commitment 16 July 2013 The thesis’s author signature TABLE OF CONTENTS Introduction Chapter Overview of protection of human rights in the international civil judicial assistance 1.1 Overview of human rights .7 1.1.1 Historical background and definition of human rights 1.1.2 Human rights related to international civil judicial assistance .9 1.2 International civil judicial assistance – basic understandings .12 1.2.1 Concept of international civil judicial assistance 12 1.2.2 Characteristics of international civil judicial assistance 18 1.2.3 International civil judicial assistance in international law .20 1.2.4 International civil judicial assistance in Vietnam 26 1.2.4.1 Groundwork for international civil judicial assistance in Vietnam 26 1.2.4.2 Judicial entrustment .27 1.2.4.3.Recognition and Enforcement of Foreign Judgments 30 1.3 Reciprocal relationship between protection of human rights and international civil judicial assistance .34 Chapter Legal practice on protection of human rights in the field of international civil judicial assistance in Vietnam – Recommendations for improvement 37 2.1.1 Practices of human rights in judicial entrustment in Vietnam .37 2.1.2 Limitations in the current regulations on the protection of human rights in judicial entrusment in Vietnam 42 2.1.2.1 Judicial entrustment process according to Joint Circular No 15/2011/TTLT- BTP-BNG-TANDTC 43 2.1.2.2 Handling of results of the delivery of judicial entrusment documents to overseas Vietnamese citizens .45 2.1.2.3Handling of judicial entrusment results for foreigners residing overseas46 2.2 Recognition and enforcement of foreign judgment 48 2.2.1 Practices of human right in recognition and enforcement of foreign judgment in Vietnam 48 2.2.2 Limitations in the current regulations on protection of human rights in judicial entrusment in Vietnam 50 2.2.2.1 Determination of person who has right to file applications requesting50 2.2.2.2 Conditions for the recognition and enforcement of foreign judgments51 2.2.2.3 Recognition and enforcement of foreign judgments which otherwise obtained by means of proceedings 54 2.2.2.4.Recognition of foreign legal separation .56 2.2.2.5.The principle of reciprocity 60 2.2.2.6.Conflicting decision 62 2.2.2.7.Regconition of foreign divorce by Vietnamese civil registration authority 64 2.3 Improving legal provision on protection of human rights in international judicial assistance in Vietnam 65 Conclusion .71 ABBREVIATIONS ICJA International civil judicial assistance CPC 2004 Vietnamese Civil Procedure Code 2004 (revised 2011) LJA 2007 Vietnamese Law on Judicial Assistance 2007 Circular 15 Joint Circular No 15/2011/TTLT-BTPBNG-TANDTC guiding the application of a number of provisions of the Law on judicial Assistance on judicial assistance in the civil domain Circular 16 Circular No 16/2010/TT-BTP dated October 2010 guiding recording in the civil status book on divorces were conducted overseas Report No 307/BC-CP Report No 307/BC-CP of Government dated 31 October 2012 on judicial assistance Introduction The necessity of doing research International co-operation is the legal duty of the states in modern international law.1 International law has developed through increased co-operation among states in recent years, for instance, the European Union Due to the growth in international trade and private international law, the demand for and complexity of judicial actions in another territory are growing and become critical However, the principle of sovereignty is the barrier for these actions, which limits the ability of national courts to settle the dispute effectively In the aftermath of the World War II, there was increasing concern for the protection of human rights The main aspect of human rights in private international law or international procedure is civil and political rights, which could be affected negatively by the barrier of principle of sovereignty International civil judicial assistance is indispensable element of international co-operation The system of international judicial assistance is based on international treaties or the principle of reciprocity This aim is cooperation between judicial authorities in various matters of law in cross-border civil litigation, which overcome the limitation of sovereignty principle and protect the human rights Since the Renewal took place in 1986, Vietnam has been achieving significant success in socio-economy, diplomatic and national security In diplomatic sphere, Vietnam has established diplomatic relationships with 180 nations all over the world Particular significance was Vietnam's acceptance into ASEAN in July 1995 and WTO in 2007 This led to the development of civil transaction between Vietnamese citizens and foreigners According to statistics from Vietnamese United Nations General Assembly Special Committee on Principles of International Law concerning Friendly Relations and Co-operation among States, Consideration of principles of international law concerning friendly relations and co-operation among states in accordance with the charter of the United Nations: report, United Nations Publisher, 1966, page 191 relevant agencies, currently there are roughly million overseas Vietnamese living, -+working, learning in 103 countries and territories Over 80% are currently living in developed industrial countries; 3.2 million have long-term stay permits; over 500 thousand laborers are working under term contracts in over 40 countries and territories; tens of thousands of students, researchers, collaborators are learning, working abroad; nearly 300 thousand, mainly Vietnamese women who married to foreigners.2 The unavoidable result of civil transaction involving foreign elements is the cross-border dispute The protection of Vietnamese citizens rights in these disputes must based on the judicial co-operation between Vietnam and foreign countries In addition, the Vietnamese legal system must create the effective framework However, in practice, the rights of Vietnamese citizens in cross-border dispute in many cases were infringed by ineffective international civil judicial assistance Improvement of quality of international civil judicial assistance in Vietnam is the condition for protects human rights better Based on the above matters, the author decided to choose the topic “Protection of human rights in the international civil judicial assistance in Vietnam” for the author’s graduate thesis Literature review According to the author research, there are many books, journal articles or theses related to international civil judicial assistance in Vietnam Remarkable documents as follows: - “Theoretical and practical ground for the issuance of international judicial assistance ordinance” of Institute of Legal scientific, Ministry of Justice, 2001 This document focuses on the importance of international civil judicial assistance and the application to Vietnam “General report on the migration of Vietnamese citizens overseas” at the Conference on International Migration and Data Management for Policy Development, Hanoi, June 1-2, 2011 http://www.iom.int.vn/joomla/files/Events/II.3.1.%20Overview%20of%20VN%20MP%20by%20CDMOFA%20_ENG.pdf - “Report on situation of international civil judicial assistance treaties between Vietnam and foreign countries, and the indispensable participation of Vietnam into Hague Conference about private international law”, Department of International Cooperation, Ministry of Justice This is the review of international civil judicial assistance treaties between Vietnam and foreign countries; as well as the challenges and difficulties without international treaties - “International civil judicial assistance between Vietnam and foreign countries”, 2011 Bachelor thesis in Ho Chi Minh City University of Law by Do Thi Thu Hien This thesis gave theoretical and practical issues in international civil judicial assistance in Vietnam - Student scientific research at Ho Chi Minh City University of Law 2012, “Foreign divorce in Vietnam” by Tran Minh Anh, Tran Minh Tuan and Hoang Minh Du This research mentions the role of judicial entrustment and recognition and enforcement of foreign judgments in protection of Vietnamese women in foreign divorce In Vietnam, although there have been a great amount of researches on international civil judicial assistance, there is no detailed research on the role of international civil judicial assistance in human rights In the EU, to improve, simplify and expedite judicial co-operation between the member states and to promote access to justice for people engaging in cross-border dispute3, there are some remarkable articles: - Professor Theodor JR Schilling4, “The enforcement of Foreign Judgment in the Jurisprudence of the European Court of Human Rights”, January 2012 This researching concentrates on the fair trial in civil matters related to recognition and enforcement of foreign judgment Werner Miguel Kuhn Baca, “The principle of mutual recognition of judicial decisions in EU law in the light of the ‗Full Faith and Credit‖ clause of the US constitution”, Biblioteca Digital Andina, page 27 Professor of law, Humboldt University of Berlin, Germany 71 Conclusion International civil judicial assistance has become a widespread concept in many countries all around the world The development of this concept is the result of increased international co-operation and international litigation Without international civil judicial assistance, the state cannot exercise their public powers outside their territory which limit the ability of court; therefore, the need for judicial co-operation is obvious Based on the reciprocal relationship between human rights and international civil judicial assistance, the state must ensure the right to access to justice, which guarantees the fair trial in civil proceeding; and personal right through the effective international civil judicial assistance Therefore, the law of many countries or international treaty uses simple process of civil international judicial assistance to suit human right purposes In Vietnam, as I has mentioned and analyzed in chapter and 2, there are many cases in practice related to the protection of human right in the international civil judicial assistance From these cases, the author has withdrawn the following opinion: Firstly, in general, Vietnamese legislator has taken the matter of international civil judicial assistance into consideration This is illustrated by the number of legal documents on this field However, the most crucial challenge for Vietnam in international civil judicial assistance is the lack of international co-operation Vietnam has currently signed 17 international treaties on international civil judicial assistance Unfortunately, most of them come from former socialist countries, which not meet the requirements of the Vietnamese citizen who now living in a vast number of countries around the world Secondly, provisions of Vietnamese law on international civil judicial assistance are quite general and vague Moreover, the delimitation between recognition of general foreign judgments and matrimonial foreign judgments in Vietnamese law is missing, leading the fact that personal rights of Vietnamese citizen are negatively affected 72 I propose specific amendments of a number of articles of Circular 15, Civil Procedure Code 2004, Marriage and Family Law 2000, in which I emphasize the necessity of protection of human rights These proposals also focused on what lessons Vietnam can draw from foreign countries laws or international treaties to develop national law Nevertheless, as stated many times in this thesis, the best solution for Vietnam in protection of human rights through international judicial assistance is the participation into bilateral and multilateral international treaties International cooperation is the effective instrument for the improvement of Vietnamese international judicial assistance quality BIBLIOGRAPHY I Legal documents Legal documents of the Socialist Republic of Vietnam Constitution of the Socialist Republic of Vietnam 1992 (revised 2001) Civil Procedure Code 2004 (revised 2011) Civil Code 2005 Marriage and Family Law 2000 Law on Judicial Assistance 2007 Decree No 68/2002/NĐ-CP dated 10 July 2002 detailing the implementation of a number of articles of the marriage and family law on the marriage and family relations involving foreign elements Decree No 69/2006/ NĐ-CP dated 21 July 2006 amending and supplementing a number of articles of Decree 68/2002/NĐ-CP Circular No 07/2002/TT-BTP dated 16 February 2002 detailing the implementation of a number of articles of the Decree 68/2002/NĐ-CP Circular No 16/2010/TT-BTP dated October 2010 guiding recording in the civil status book on divorces were conducted overseas 10 Joint Circular No 15/2011/TTLT-BTP-BNG-TANDTC guiding the application of a number of provisions of the Law on judicial Assistance on judicial assistance in the civil domain 11 Resolution 01/2003/NQ-HĐTP dated 16 April 2003 guiding the application of law to the settlement of some types of civil as well as marriage and family disputes 12 Report No 12/BC-TANDTC of Supreme Court dated 10 August 2010 about opinion on amendment o Civil Procedure Code 2004 13 Report No 307/BC-CP of Government dated 31 October 2012 on judicial assistance Legal documents of foreign law 14 (Canada) Divorce Act 1985 15 (Republic of Korea) The Act on International Judicial Cooperation in Civil Matters, Act No 4342, March, 1991 16 (Republic of Korea) Civil Procedure Act (Act No 547 of April 4, 1960, as last amended by Act No 10373 of July 23, 2010) 17 (Switzerland) Federal Act of 18 December 1987 on Private International Law 18 (United Kingdom) Judicial Separation and Family Law Reform Act 1989 19 (United Kingdom) Family Law Act 1986 20 (USA) Uniform Foreign Money-Judgment Recognition Act 1962 Bilateral international treaty 21 Agreement on Judicial Assistance in civil and commercial matters and cooperation in arbitration between Thailand and Australia 1997 22 Agreement on judicial assistance in civil and criminal matters between Vietnam and Russia 1999 23 Agreement on judicial assistance between Vietnam and Republic of France 1999 24 Agreement between India and the United Arab Emirates on juridical and judicial cooperation in civil and commercial matters 1999 25 Treaty on Judicial Assistance in Civil and Commercial Matters between Australia and the Republic of Korea 1999 26 Agreement on judicial assistance in civil, family and criminal matters between Vietnam and Mongolia 2000 27 Agreement on judicial assistance in civil and criminal matters between Vietnam and DPR Korea 2004 28 Treaty between the United Kingdom of Great Britain and Northern Ireland and the United Arab Emirates on judicial assistance in civil and commercial matters 2007 29 Agreement on mutual judicial assistance in civil matters between Vietnam and Kazakhstan 2011 Multilateral international treaty 30 Universal Declaration of Human Rights 1948 31 International Covenant on Civil and Political Rights 23 March 1976 32 Hague Convention relating to civil procedure of March 1954 33 Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters 34 Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters 35 Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (2001 Brussels I Regulation) 36 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) 10 June 1958 II Case law 37 Basiouny v Basiouny, 445 So 2d 916 (Ala Civ App 1984) 38 Blair v Blair, 643 N.E.2d 933 (Ind Ct App 1994) 39 Chen Li Hung v Ting Lei Miao [2000] HKC 461, [2000] HKLR 252 40 Hilton v Guyot, Supreme Court US, 1895, U.S 113, 16 S.Ct.139, 40 L.Ed 85 III Books Vietnamese 41 Banh Quoc Tuan, Private International Law, Internal circulation only textbook 42 Do Van Dai – Mai Hong Quy, Vietnamese Private International Law, Chinh tri quoc gia Pulisher, 2010 43 Human right textbook, Hanoi University of Law, Chinh tri quoc gia Publisher, 2009 44 Le Thi Nam Giang, Private International Law, National University Ho Chi Minh City publisher, 2010 45 Ngo Huu Phuoc, International law, Chính trị Quốc gia Pulisher, 2010 46 Nong Quoc Binh – Nguyen Hong Bac, Foreign matrimonial relationship in Vietnam on international integration, Judicial Publisher, Hanoi, 2006 47 Nguyen Van Tien – Banh Quoc Tuan, The international jurisdiction of Vietnamese court in foreign civil dispute and the protection of civil rights in Vietnamese private international law, Labor Publisher, 2011 English 48 Abla J Mayss, Principles Of Conflict Of Laws, Routledge Pulisher, 1999 49 Adam Jones, Genocide: A Comprehensive Introduction, Routledge pulisher, 2013 50 Curtis Doebbler, Introduction to International Human Rights Law, CD Publishing, 2006 51 Emily Doskow - Marcia Stewart, The Legal Answer Book for Families, Nolo Publisher, 2011 52 F.G Jacobs, Robin C.A White and Clare Ovey, The European Convention on Human Rights, 5th ed Oxford 2010 53 International Business Law Consortium, Paul Hopkins (editor), International Enforcement of Foreign Judgments, Lulu.com, 2006 54 Jason Chuah - Alina Kaczorowska, Qamp;a Conflict Of Laws, Routledge Pulisher, 2000 55 Reid Mortensen, Richard Garnett, Mary Keyes, Private International Law in Australia, 2nd edition, LexisNexis Pulisher, 2011 56 Rudolph Joseph Rummel, Statistics of Democide:Genocide and Mass Murder Since 1900, Transaction Publishers, Rutgers University, 1999 57 Peter Hay – Russel J.Weintraus – Patrick J.Borches, Conflict of laws Cases and Materials, Foundation Press, New York, 2009 58 Swan Sik, African Yearbook of International Law, 1996, 6th book of Asian Yearbook of International Law Series, Martinus Nijhoff Publishers, 1998 59 United Nations General Assembly Special Committee on Principles of International Law concerning Friendly Relations and Co-operation among States, Consideration of principles of international law concerning friendly relations and co-operation among states in accordance with the charter of the United Nations: report, United Nations Pulisher, 1966 60 Ved P.Nanda – David K.Pansius, Litigation of international dispute in US courts (second edition), Thomson/West Pulisher, 2006 IV Journals Vietnamese 61 Hoang Thu Ha, “Scope of international civil judicial assistance”, Department of International Co-operation, MOJ 62 Nguyen Ba Binh, “Conflicting decision in civil matters involving foreign elements”, Journal of Legislative Studies, No 129, August 2008 63 Nong Quoc Binh, “Condition for recognition and enforcement of foreign judgment, arbitral awards”, Hanoi University of Law, Science of Law Journal, Special issue of Civil Procedure Code 2004 64 “Report on situation of international civil judicial assistance treaties between Vietnam and foreign countries, and the indispensable participation of Vietnam into Hague Conference about private international law”, Department of International Cooperation, Ministry of Justice 65 “Special subject of recognition and enforcement of foreign judgment”, Judgment Science Information, The Institute of Judicial Science of People Supreme Court, 4/2009 66 “Theoretical of Law on Judicial Assistance 2007”, Judgment Science Information, The Institute of Judicial Science of People Supreme Court, 022008 English 67 Celia Wasserstein, “Rule and reason in the Common Law of Foreign Judgments”, 12 CAN J.L & JURIS 193 (July 1999) 68 Eve Jõks, “Some Problems of International Judicial Assistance from an Estonian Perspective”, Juridica International IV/1999 International law 69 ―General report on the migration of Vietnamese citizens overseas‖ at the Conference on International Migration and Data Management for Policy Development, Hanoi, June 1-2, 2011 70 Gordon A.Christenson, “International Judicial Assistance and Utah Practice”, University of Cincinnati College of Law Scholarship and Publications, Utah Law Review, Vol.7, 1961 71 Henrik Ringbom, “EU Regulation 44/2001 and its Implications for the International Maritime Liability Conventions”, Journal of Maritime Law & Commerce, Vol 35, No 1, January, 2004 72 “International Judicial Assistance in Civil Matter Guidelines”, Private International Law Unit of the Federal Office of Justice together with the Division for International Legal Assistance (FOJ), the Directorate of International Law (DFA) and the Office of the Attorney General of Switzerland 73 Jie Huang, “Interregional Recognition and Enforcement of Civil and Commercial Judgments: Lessons for China from US and EU laws”, Duke Law School Theses and Dissertations 74 Joaquim-J Forner, “Special jurisdiction in commercial contracts: from the 1968 Brussels convention to ―Brussels-one regulation‖”, International Company and Commercial Law Review, 2002-3 75 Le Trung Nghia, “Judicial Assistance from Foreign Countries to Vietnam more resources with circular 15” , Asian Legal Business, Issue 11.12, December 2011 76 Markus Koehnen – Amanda Klein, “The recognition and enforcement of foreign judgments in Canada”, International Bar Association Annual Conference 2010 Vancouver 77 Peter Metis, “International Judicial Assistance: Does 28 U.S.C & 1782 Contain an Implicit Discoverability Requirement”, Fordham International Law Journal, Volume 18, Issue 1, 1994 78 Rafael Arenas Garcia, “Abolition of Exequatur: Problems and solutions Mutual recognition, mutual trust and recognition of foreign judgments: Too many words in the sea”, Year Books of Private International Law 2010 79 Rafl Michaels, “Recognition and Enforcement of Foreign Judgments”, Max Planck Institute for Comparative Public Law and International Law, Heidelberg and Oxford University Press, 2009 80 Theodor JR Schilling , “The enforcement of Foreign Judgment in the Jurisprudence of the European Court of Human Rights”, January 2012 81 “Theoretical and practical ground for the issuance of international judicial assistance ordinance” of Institute of Legal scientific, Ministry of Justice, Legal Journal Information, 3/2001 82 United Nations, “Human Rights: Question and Answers”, Geneva, 1994 83 United Nations, UNHCHR, “Freequently Asked Questions on a Human Rightsbased Approach to Development Cooperation”, New York and Geneva, 2006 84 Werner Miguel Kuhn Baca, “The principle of mutual recognition of judicial decisions in EU law in the light of the ‗Full Faith and Credit‖ clause of the US constitution”, Biblioteca Digital Andina V Internet Vietnamese 85 http://phapluattp.vn 86 http://www.phapluatvn.vn 87 http://phunuonline.com.vn 88 http://toaan.gov.vn 89 http://www.vietlaw.biz 90 http://vnexpress.net English 91 http://www.austlii.edu.au 92 http://www.cflp.co.uk 93 www.coj.go.th 94 http://www.courts.state.hi.us 95 www.cjsocpols.armstrong.edu Armstrong Atlantic State University website 96 http://de.wikipedia.org German Wikipedia 97 http://www.divorcesource.com 98 http://ec.europa.eu EC website 99 www.gaatw.org Global Alliance Against Traffic in Women 100 www.hrweb.org 101 www.international-divorce.com 102 http://www.irfi.org 103 http://www.irishstatutebook.ie 104 http://www.legallanguage.com 105 www.legalinfo.gov.cn 106 http://www.legislation.gov.uk 107 http://www.newyorkconvention.org/ New York Arbitration Convention website 108 www.ohchr.org The Office of the United Nations High Commissioner for Human Rights (OHCHR) website 109 http://pswlaw.ca 110 http://thelawdictionary.org 111 www.un.org United Nation website 112 http://www.uncitral.org Appendix List of Socialist Republic of Vietnam International Civil Judicial Assistance Bilateral Treaties No 10 11 12 13 14 15 16 Country Czechoslovakia (Czech Republic and Slovakia are successors) Cuba Hungary Bulgaria Poland Laos Federation of Russia PR China France Ukraine Mongolia Belarus DPR Korea Chinese Taipei Algeria Kazakhstan Signing date 12 October 1982 30 November 1984 18 January 1985 03 October 1986 22 March 1993 06 July 1998 25 August 1998 19 October 1998 24 February 1999 06 April 2000 17 April 2000 14 September 2000 04 May 2002 12 April 2010 14 April 2010 31 October 2011 Appendix Decision No 62/2008/QDKDTM-PT dated August 2008 of Appellate Court of Supreme Court at Ho Chi Minh city “Recognition and enforcement of Republic of Korean Court judgment” Đã mở phiên họp vào ngày 07 tháng năm 2008, trụ sở Tòa phúc thẩm Tòa án nhân dân tối cao thành phố Hồ Chí Minh để xét đơn u cầu cơng nhận án Tịa án Hàn Quốc cho thi hành Việt nam của: Bên yêu cầu: CÔNG TY TNHH CHOONGNAM SPINNING Địa chỉ: 980-1, Bangbac-2dong, Seocho-gu, Seoul, Hàn Quốc Do ông Nguyễn Đức Minh đại diện theo ủy quyền Địa chỉ: 306A khu A, phường An Phú, quận 2, thành phố Hồ Chí Minh, (có mặt) Bên phải thi hành: CƠNG TY TNHH E&T Địa chỉ: 517- 4, Dae-heung-dong, Chung-gu, Dae-jeon, Hàn Quốc Do ơng Phạm Trung Tín đại diện theo ủy quyền Địa chỉ: 15-17 Nguyễn Thị Diệu, phường 6, quận 3, thành phố Hồ Chí Minh, (có mặt) Bên liên quan: CÔNG TY TNHH CHOONGNAM VIỆT THẮNG Địa chỉ: 127 Lê Văn Chí, phường Linh Trung, quận Thủ Đức, thành phố Hồ Chí Minh, ơng Lee Heung Bok chức vụ kế toán trưởng giám đốc ủy quyền đại diện (có mặt) NHẬN THẤY Tại định số 2083/2007/QDST-KDTM ngày 19/11/2007 Tịa án nhân dân thành phố Hồ Chí Minh đã: Căn khoản Điều 30; Điều 131; Điều 355; Điều 356; Điều 358; Điều 411 Bộ luật tố tụng dân - năm 2004, định: Chấp nhận yêu cầu Công ty TNHH Choongnam Spinning; Công nhận cho thi hành Việt Nam Bản án Tòa án cấp phúc thẩm Dae Cheon – Hàn Quốc phán vụ việc số 2004 Na 10655, ngày 30/9/2005, có hiệu lực pháp luật Ngồi ra, định sơ thẩm cịn đinh lệ phí dân sơ thẩm quyền kháng cáo theo quy định pháp luật Ngày 03/12/2007, Công ty TNHH E T có đơn kháng cáo với nội dung đề nghị không công nhận cho thi hành Việt Nam án Tòa án Hàn Quốc cấp cho Công ty TNHH Choongnam Spinning XÉT THẤY - Căn vào đơn yêu cầu, giấy tờ tài liệu hồ sơ vụ án - Căn án Tòa án cấp phúc thẩm Dae Cheon Hàn Quốc phán vụ việc số 2004 Na 10655 ngày 30/9/2005 có hiệu lực pháp luật theo quy định pháp luật Hàn Quốc phụ thuộc trường hợp quy định điều 356, 411 Bộ luật tố tụng dân năm 2004 Nước cộng hòa xã hội chủ nghĩa Việt Nam - Sau nghe ý kiến bên đương sự, người có quyền lợi nghĩa vụ liên quan ý kiến kiểm sát viên Hội đồng xét yêu cầu thảo luận định: Căn vào điều 359 Bộ luật tố tụng dân năm 2004 nghị định số 70/CP ngày 12/6/1997 Chính phủ án phí; khơng chấp nhận kháng cáo Công ty TNHH E T giữ nguyên Quyết định xét công nhận án dân Tịa án nước ngồi cho thi hành Việt nam số 2083/2007/QDST-KDTM ngày 19/11/2007 Tòa án nhân dân thành phố Hồ Chí Minh Tuyên xử: 1) Chấp nhận yêu cầu Công ty trách nhiệm hữu hạn Choong Nam Spinning Công nhận cho thi hành Việt Nam án Tòa án cấp phúc thẩm Dae Cheon-Hàn Quốc phán vụ việc số 2004 Na 10655 ngày 30/9/2005 có hiệu lực pháp luật 2) Lệ phí dân sơ thẩm Cơng ty Choong Nam Spinning phải nộp 1.000.000 (một triệu đồng Việt Nam) vào ngân sách nhà nước Khoản tạm ứng án phí Cơng ty Choong Nam Spinning nộp 1.000.000đ theo phiếu thu số T03/2007 ngày 15/1/2007 văn phòng Bộ tư pháp Việt Nam trừ vào lệ phí dân sơ thẩm Về án phí kinh doanh thương mại phúc thẩm: Công ty TNHH E T phải chịu 200.000đ (hai trăm ngàn Việt Nam đồng) Khoản dự phí kháng cáo Công ty TNHH E T nộp 200.000đ biên lai thu tiền số 003899 ngày 18/12/2007 thi hành án dân thành phố Hồ Chí Minh trừ vào án phí kinh doanh thương mại phúc thẩm Các định khác định sơ thẩm khơng có kháng cáo kháng nghị có hiệu lực pháp luật Quyết định định cuối có hiệu lực thi hành án Appendix Sample of judicial entrustment dossiers and documents ... on protection of human rights in the field of international civil judicial assistance in Vietnam – Recommendations for improvement The importance of international civil judicial assistance in protection. .. OF HUMAN RIGHTS IN THE INTERNATIONAL CIVIL JUDICIAL ASSISTANCE - the general view of human rights interpretation; definitions and concepts relating to international civil judicial assistance; civil. .. difficulties arising from the protection of human rights in the international civil judicial assistance in Vietnam Finally, acquiring the experience of foreign legislation, the thesis proposes