On signing the Agreement between the Republic of Kazakhstan and the Socialist Republic of Vietnam on Mutual Legal Assistance in Civil Matters

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Decree of the President of the Republic of Kazakhstan dated November 9, 2011 No. 171

I DECREE:

1. To approve the attached draft Agreement between the Republic of Kazakhstan and the Socialist Republic of Vietnam on Mutual Legal Assistance in Civil matters.

2. To authorize the Minister of Justice of the Republic of Kazakhstan, Tusupbekov Rashid Toleutaevich, to sign on behalf of the Republic of Kazakhstan an Agreement between the Republic of Kazakhstan and the Socialist Republic of Vietnam on Mutual Legal Assistance in Civil Matters, authorizing amendments and additions that are not of a fundamental nature.

3. This Decree shall enter into force from the date of signing.

President of the Republic of Kazakhstan N. Nazarbayev

APPROVED

By Decree of the President of the Republic of Kazakhstan

dated November 9, 2011 No. 171

Project

agreement

between the Republic of Kazakhstan and the Socialist Republic of Vietnam

on mutual legal assistance in civil matters

The Republic of Kazakhstan and the Socialist Republic of Vietnam (hereinafter referred to separately as the "Party" or collectively as the "Parties"), guided by the common desire to strengthen mutual legal assistance in civil matters between the Parties based on mutual respect for sovereignty, equality and mutual benefit, have agreed as follows:

Chapter 1 General provisions

Article 1The sphere of mutual legal assistance

1. In accordance with the provisions of this Agreement, the Parties shall provide each other with the following mutual legal assistance in civil matters: i) service of documents related to mutual legal assistance; ii) collection and transfer of evidence; iii) summoning of a witness and expert; iv) recognition and enforcement of court orders, decisions and arbitral awards, as provided in chapter 5 of this Agreement; v) exchange of legal information and materials related to mutual legal assistance; (vi) Execution of other requests for mutual legal assistance in accordance with this Agreement. 2. Unless otherwise provided, the term "civil matters" in this Agreement includes civil, marital and family, business, commercial and labor matters. 3. Unless otherwise provided, the term "competent authorities" in this Agreement means the court and other authorities competent to deal with civil cases in accordance with their national legislation.

Article 2 Legal protection

1. Citizens of one Party shall enjoy in the territory of the other Party the right to the same legal protection of personal and property rights as citizens of the other Party. They have the right to appeal to the court and other competent authorities of the other Party having jurisdiction in civil matters, on the same terms as citizens of the other Party. 2. Each Party does not allow, without valid reasons, the delay of any court proceedings involving citizens of the other Party. 3. The provisions of paragraphs 1 and 2 of this Article shall also apply to legal entities and other organizations established in the territory of any Party in accordance with its national legislation.

Article 3 Exemption from payment or reduction of legal costs free legal aid

1. Citizens of one Party are exempt from paying or have the right to a reduction in court costs and enjoy free legal aid in the territory of the other Party on the terms applied by the other Party to its citizens. 2. Exemption from payment or reduction of legal costs and free legal assistance are provided, taking into account the applicant's financial situation, on the basis of a certificate of the applicant's income issued by the competent authority of the Party in whose territory the applicant has permanent or temporary residence. 3. Citizens of one Party may apply to the competent authority of the Party in whose territory the relevant applicant has a permanent or temporary place of residence with an application for exemption from payment or reduction of court costs and provision of free legal assistance provided for in paragraph 2 of this article. This competent authority shall transmit the application with the income statement provided for in paragraph 2 of this article to the competent authority of the other Party through the central authorities. 4. The competent authority responsible for making a decision on an application for exemption from payment or reduction of legal costs and provision of free legal assistance may request additional information from the applicant. 5. The term "court costs" in this Agreement includes any court and other government payments in accordance with the national legislation of the Party at the location of the court.

Article 4PAYMENT for court costs

Citizens, legal entities and other organizations of each Party pay an advance payment for court costs in accordance with the national legislation of the Party at the location of the court.

Article 5 Communication channels

1. Within the framework of this Agreement, the Parties cooperate, including in the direction and execution of requests for legal assistance, directly through the central authorities. 2. Central authorities: for the Republic of Kazakhstan - the Ministry of Justice of the Republic of Kazakhstan, for the Socialist Republic of Vietnam - the Ministry of Justice of the Socialist Republic of Vietnam. 3. Each Party, through diplomatic channels, shall immediately inform the other Party of any change in its central authority. 4. This Agreement does not prevent the Parties from sending requests for mutual legal assistance through diplomatic channels.

Article 6 Languages

1. The language of interaction between the central authorities is English. 2. The request for mutual legal assistance and any document attached to it in accordance with this Agreement shall be accompanied by a duly certified translation into the official languages of the requested Party or in English. 3. The response to the request for mutual legal assistance and any other document attached thereto shall be sent in the official languages of the requested Party with an English translation.

Article 7 Expenses for mutual legal assistance

1. The Parties shall provide each other with mutual legal assistance free of charge, except in the following cases: i) expenses of a witness or expert located in the territory of one Party and summoned by the other Party in accordance with article 21 of this Agreement; ii) expenses related to requests for recognition and enforcement of court orders, decisions and arbitral awards. 2. If the fulfillment of a request for mutual legal assistance requires unforeseen expenses, the Parties shall consult with each other in order to determine the conditions for the fulfillment of this request.

Article 8 Request for mutual legal assistance

1. A request for mutual legal assistance must be made in writing and contains the following information: (i) the date and place of the request; (ii) the name, address and other contact information of the requesting authority, including telephone and fax numbers, as well as e-mail addresses (if available); (iii) the name, address and other contact information of the requested authority (if any); iv) the full name, gender, nationality, occupation, place of birth and address of the persons concerned or the full name and address of their representatives (if any); the name and address of the institution or organization relevant to the request; (v) A description of the case, the subject of the request and other information relating to the request for mutual legal assistance; (vi) an obligation to pay the costs provided for in article 7 of this Agreement. 2. The request for mutual legal assistance and the attached documents must be in two (2) copies, unless otherwise provided for by national legislation, and signed and certified by the competent authority of the requesting Party. 3. If the requested Party considers that the information provided in the request for mutual legal assistance is insufficient for its execution, it shall additionally request the necessary information.

Article 9 Execution of a request for mutual legal assistance

1. The requested Party shall execute a request for mutual legal assistance in accordance with its national legislation. 2. The requested Party shall execute a request for mutual legal assistance in a special manner requested by the requesting Party, if such execution does not contradict the national legislation of the requested Party. 3. A request for mutual legal assistance is executed promptly within ninety (90) days from the date of its receipt. The requested Party shall immediately inform the requesting Party of the delay in execution for legitimate reasons.

Article 10 Refusal or postponement of execution of a request for reciprocal legal assistance

1. If the requested Party considers that the execution of a request for mutual legal assistance may prejudice its sovereignty, security, public order or the basic principles of national legislation, or the requested assistance does not fall within the competence of its competent authorities, it may refuse to provide mutual legal assistance. The requested Party shall notify the requesting Party of the reasons for the refusal within thirty (30) days from the date of receipt of the request. 2. The execution of a request for mutual legal assistance may be delayed if the requested Party considers that the immediate execution of the request may complicate the ongoing investigation or criminal prosecution in the territory of the requested Party. The requested Party shall notify the requesting Party of the reasons for the postponement within thirty (30) days from the date of receipt of the request.

Article 11 Transfer of documents, items and currencies

The transfer of documents, items and currencies from the territory of one Party to the territory of the other Party under this Agreement is carried out in accordance with the national legislation of the transferring Party.

Article 12 Exchange of legal information and materials

1. One Party, at the request of the other Party, provides information on its regulatory legal acts related to mutual legal assistance and relevant publicly available documents of the competent authorities of the requested Party. 2. The request for legal information and materials contains the name of the requesting authority and the purpose of using this information and materials.

Article 13 Transfer of documents on civil status

1. On the basis of a request, one Party shall transfer to the other Party court orders or decisions or extracts from them and other necessary documents relating to the civil status of a citizen of the requested Party for use only for the purposes specified in the request. 2. The documents referred to in paragraph 1 of this article are transmitted through communication channels in accordance with Article 5 of this Agreement.

Article 14 Exemption from legalization

Documents that are produced or certified by the competent authorities and transmitted through communication channels within the framework of Article 5 of this Agreement are exempt from the requirements for legalization.

Article 15 Execution of several requests for mutual legal assistance

1. The requested Party, which has received more than one request for mutual legal assistance in one subject, independently decides which request to fulfill. 2. When deciding on a request to be executed, the requested Party shall take into account all relevant circumstances, in particular: (i) the date of receipt of the request; (ii) the nature of the requested request; and (iii) the impact of the execution of the request on other requests. 3. The requested Party shall inform the requesting Party of the existence of several requests concerning the same subject, as well as of the decision taken.

Chapter 2The submission of documents

Article 16 Request for the delivery of documents

1. In accordance with this Agreement, the competent authorities of one Party request from the competent authorities of the other Party mutual legal assistance in the service of documents. 2. The requested Party shall execute a request for mutual legal assistance in the service of documents in accordance with its national legislation. 3. After the documents have been served, the requested Party shall send to the requesting Party a certificate or other documents confirming the service, or a notification of the reasons preventing the full or partial execution of the request for mutual legal assistance. A copy of the certificate or other documents may optionally be sent by fax or e-mail before the original is sent by mail. 4. The certificate or other documents confirming the delivery of the documents must contain the name of the person who received the documents, the date, place and method of delivery, the signature and seal of the submitting authority.

Article 17 Handing over documents to their own citizens

The competent authorities of one Party may serve documents to their own citizens who reside in the territory of the other Party through diplomatic missions or consular offices accredited in the territory of the other Party. Such service of documents must be compatible with the national legislation of the other Party.

Chapter 3 Obtaining and handing over evidence

Article 18 Requests for the collection and transfer of evidence

Requests for the collection and transfer of evidence, in addition to the provisions of article 8 of this Agreement, may include the following information: (i) evidence requested for transfer; (ii) questions to be answered by the interrogated person and a description of the civil case in which he participates; (iii) documents or items to be searched; (iv) special measures to be applied or special procedures to be followed when collecting evidence.

Article 19 Execution of a request for the collection and transfer of evidence

1. Upon request, the Parties shall assist each other in the collection and transfer of evidence and perform the necessary procedural actions related to the transfer of evidence. 2. The requested Party shall notify the requesting Party in writing of the results of the execution of the request for the collection and transfer of evidence, accompanied by the requested evidence and documents, or notify of the reasons preventing the full or partial execution of the request.

Article 20 Collection of testimony of own citizens

The competent authorities of one Party may receive testimony from their own citizens who reside in the territory of the other Party through their diplomatic missions or consular offices accredited in the territory of the other Party. Such obtaining of evidence must be compatible with the national legislation of the other Party.

Chapter 4 Summoning a witness and an expert

Article 21 Summoning a witness and an expert

1. Through the communication channels provided for in Article 5 of this Agreement, the competent authorities of one Party shall request the other Party to summon a witness and/or expert who are nationals of the other Party and whose presence is required. 2. The summons shall be sent to the requested Party no later than ninety (90) days prior to the date on which the person being called must appear at the competent authority of the requesting Party. 3. The summons specifies the conditions for appearing as a witness or expert, including obligations to protect the life and health of the witness or expert, to reimburse expenses for travel, food and accommodation and other paid expenses, the terms and the deadline for their payment. 4. The requested Party shall deliver the summons to the appropriate person and notify the requesting Party of the consent or refusal of the person being called.

Article 22 Protection of witnesses and experts

1. A witness or expert summoned in accordance with this Agreement, prior to his departure from the territory of the requesting Party, shall not be subject to criminal prosecution, investigation, punishment, detention or other restrictions on personal freedom in the territory of the requesting Party for criminal acts or beliefs or for truthful testimony as an expert or witness. 2. The protection referred to in paragraph 1 of this Article shall be terminated upon the expiration of fifteen (15) days from the date of official notification in writing by the competent authority of the requesting Party of the witness or expert that his presence is no longer required. This period does not include the time during which the witness or expert could not leave the territory of the requesting Party due to circumstances beyond his control. 3. The calling competent authority shall reimburse the witness or expert called in accordance with article 21 of this Agreement for the costs of travel, food and accommodation, as well as wages for the period of his absence from work and pay an advance. The expert is also paid for his work as an expert. 4. The witness or expert being called may refuse to execute the summons in accordance with the national legislation of the requested Party. The requested Party does not take coercive measures to ensure the summons.

Chapter 5recognition and enforcement of judgments, judgments, and arbitral awards

Article 23recognition of court rulings and decisions

A ruling and decision on non-property matters on marriage and family matters that have entered into legal force, issued by a court of the requesting Party and not requiring enforcement in the territory of the requested Party, shall be recognized by the requested Party, except in the following cases: i) previously, the courts of the requested Party issued a ruling and decision on the same subject that has already entered into legal force; (ii) The courts of the requested Party have exclusive jurisdiction over the same subject matter in accordance with this Agreement or in accordance with the national law of the requested Party, where this Agreement does not contain such a provision.

Article 24recognition and enforcement of court orders and decisions

1. The requested Party shall recognize and execute in its territory the following orders and decisions rendered by the courts of the requesting Party and which have entered into force: (i) orders and decisions in civil cases, as provided for in this Agreement; or (ii) decisions concerning property in criminal or administrative cases. 2. This Agreement does not prevent the recognition and enforcement of court orders and decisions in circumstances permitted by the national legislation of the Party in whose territory their recognition and enforcement is requested.

Article 25conditions for the recognition and execution of court orders and judgments

The court's ruling and decision provided for in article 24 of this Agreement shall be recognized and enforced subject to the following conditions: i) the case does not fall within the exclusive jurisdiction of the courts of the requested Party under the national law of the requested Party; ii) the parties to the dispute or their legal representatives have been duly summoned or declared absent in accordance with the national law of the requesting Party; (iii) The judgment and the judgment of the court have entered into force and the limitation period for their execution has not yet expired in accordance with the national legislation of the requesting Party; (iv) at the time of filing the application for recognition and enforcement, there was no ruling and decision that entered into force on the same subject in the requested Party or the court of a third State, whose ruling and The decision was recognized for execution by the court of the requested Party, or the court of the requested Party registered or scheduled a hearing in the same case.; (v) The recognition and enforcement of court orders and judgments and the consequences of the recognition and enforcement of such decisions and judgments are consistent with the basic principles of national legislation and public order of the requested Party

Article 26The request for recognition and enforcement of a ruling and a court decision

1. An application for recognition and enforcement of a court order and decision must be sent to the person concerned or his legal representative through the central authorities or directly to the competent authority of the requested Party in accordance with the national legislation of the requested Party. 2. In addition to article 8 of this Agreement, an application for recognition and enforcement of a court order and decision must contain the following documents: i) a notarized or duly certified copy of the decision and decision that has entered into force; ii) official documents certifying the entry into force of this decision and decision, and information on their execution; iii) documents confirming the delivery of the resolution and decision or other documents of the same validity; (iv) Documents confirming that the defendant was summoned to a court that issued a ruling and decision in absentia, if it is not clear from the decision and decision itself that the defendant was officially summoned; (v) other documents required by the national legislation of the requested Party.

Article 27 Procedures for the recognition and execution of court decisions and decisions

1. Procedures for the recognition and enforcement of court orders and judgments shall be carried out in accordance with the national legislation of the requested Party. 2. The competent authorities of the requested Party shall not review the substance and content of the court order and decision recognized for execution. 3. The competent authority of the requesting Party may request, through its central authority, to postpone or terminate the recognition and enforcement of the judgment and the judgment of the court. In such cases, the relevant competent authority of the requested Party must postpone or terminate the recognition and enforcement of the above-mentioned order or decision.

Article 28The consequences of the recognition and execution of a court ruling and decision

The ruling and decision of the court of one Party, recognized for execution by the court of the other Party, have the same legal force as the ruling and decision of the court of the other Party.

Article 29recognition and enforcement of arbitral awards

Each Party recognizes and enforces an arbitral award made in the territory of the other Party in accordance with the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done in New York on June 10, 1958, or in accordance with the national legislation of the requested Party, when the Convention is inapplicable.

Chapter 6 Other provisions

Article 30 Compatibility with other international treaties

This Agreement does not affect the rights and obligations of the Parties arising from other international treaties to which both Parties are parties.

Article 31 Dispute resolution

Any differences arising or related to the interpretation, application and implementation of this Agreement shall be resolved through friendly consultations between the central authorities of the Parties.

Article 32 of the Consultation

1. The Parties shall ensure an exchange of views on the implementation of this Agreement within the framework of existing cooperation mechanisms. 2. Review and evaluation of the implementation of this Agreement is carried out by the Parties when necessary.

Article 33ratification and entry into force

1. This Agreement is subject to ratification in accordance with the national legislation of the Parties. This Agreement shall enter into force on the thirtieth (30) day after the date of the exchange of instruments of ratification between the Parties. 2. This Agreement is concluded for an indefinite period. 3. This Agreement shall be terminated by either Party by sending a written notification to the other Party through diplomatic channels of its intention to terminate it. Such termination shall take effect six (6) months after the date of receipt of the notification. 4. In the event of termination of this Agreement, any requests for mutual legal assistance in civil matters received prior to termination of this Agreement shall be executed in accordance with this Agreement.

Article 34 Additions and changes

This Agreement may be supplemented or amended by written consent of the Parties. Additions and amendments are an integral part of this Agreement and are formalized in the form of a protocol, which is subject to ratification and enters into force in accordance with the requirements provided for in Article 33 of this Agreement.

Article 35The final provision

A request for mutual legal assistance not provided for in this Agreement may be executed in accordance with the national legislation of the requested Party.

Committed in the city _____________ "___" ___________ 2011 in two copies, in Russian, Vietnamese and English, all texts being equally authentic. In case of dispute or disagreement in interpretation, the English text prevails.

In witness whereof, the undersigned, duly authorized, have signed this Agreement.

Behind For the Republic of Kazakhstan, the Socialist Republic Vietnam

President

Republic of Kazakhstan

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