Party General Secretary and President Tô Lâm and Lao Party General Secretary and President Thongloun Sisoulith witness the two countries’ Justice Ministries exchange a cooperation agreement, including the effective implementation of the Agreement on Mutual Legal Assistance in Civil Matters between the two countries. — Photo courtesy of Ministry of Justice

Chapter II

REQUESTS FOR MUTUAL LEGAL ASSISTANCE IN CIVIL MATTERS

FROM VIETNAM

Article 16. Competence to request mutual legal assistance in civil matters in Vietnam

Agencies and individuals with the competence to request mutual legal assistance in civil matters from Vietnam include:

1. People’s Courts;

2. People’s Procuracies;

3. Civil judgement enforcement agencies;

4. Other competent agencies and persons as prescribed by Vietnam’s law.

Article 17. Dossiers of request for mutual legal assistance in civil matters from Vietnam

1. A dossier of request for mutual legal assistance in civil matters from Vietnam, as prescribed in Clauses 1, 2, 3 and 4, Article 8 of this Law, must comprise:

a/ A written request for mutual legal assistance in civil matters;

b/ Documents accompanying the request;

c/ Documents proving the payment of costs for providing mutual legal assistance in civil matters;

d/ Other documents as prescribed by the laws of the requested country.

2. A dossier of request for mutual legal assistance in civil matters from Vietnam, as prescribed in Clauses 5 and 6, Article 8 of this Law, must comprise:

a/ A written request for mutual legal assistance in civil matters;

b/ Necessary documents for the implementation of the request (if any).

3. A dossier of request for mutual legal assistance in civil matters shall be made in 3 sets. When the information system prescribed in Article 13 of this Law is operational, a dossier of request for mutual legal assistance in civil matters shall be made in 2 sets, accompanied by an electronic set.

4. Dossiers of request for mutual legal assistance in civil matters submitted to the Ministry of Justice must be accompanied by translations into the language ​​prescribed in Article 7 of this Law.

5. The Government shall detail this Article.

Article 18. Written request for mutual legal assistance in civil matters from Vietnam

A request for mutual legal assistance in civil matters from Vietnam must contain the following details:

1. Date and place of making the request;

2. Name and address of the agency or person competent to request mutual legal assistance in civil matters;

3. Name and address of the requested agency (if any);

4. Full name and address of the individual; name and address of the agency or organisation related to the request;

5. A request for mutual legal assistance in civil matters must clearly state the purpose, relevant circumstances, citation of applicable legal provisions, methods of implementation, and time limit for implementation.

Article 19. Receipt and processing of requests for mutual legal assistance in civil matters from Vietnam

1. Competent agencies and persons of Vietnam requesting mutual legal assistance in civil matters from competent agencies and persons of foreign countries shall prepare a dossier as prescribed in Article 17 of this Law and send it to the Ministry of Justice.

2. Within 20 days from the date of receipt of the dossier, the Ministry of Justice shall check its validity and perform one of the following tasks:

a/ If the dossier is valid, the Ministry of Justice shall forward it to the competent agency or person of the foreign country in accordance with the treaty to which the Socialist Republic of Vietnam and the foreign country are both contracting parties. If Vietnam and the foreign country are not both contracting parties to the treaty, or if the treaty to which the Socialist Republic of Vietnam and the foreign country are both contracting parties provides that the request shall be forwarded through diplomatic channels, then it shall be forwarded through diplomatic channels;

b/ If the dossier is invalid, the Ministry of Justice shall request the Vietnamese competent agency or person to supplement and complete the dossier. The time limit for supplementing and completing the dossier is 7 working days from the date of receipt of the written request from the Ministry of Justice;

c/ If the dossier does not meet the time requirements set by the requested country, or if the Vietnamese competent agency or person fails to supplement and complete the dossier as requested by the Ministry of Justice, the Ministry of Justice shall return the dossier and state the reason.

3. The Government shall detail this Article.

Article 20. Receipt and processing of other requests for mutual legal assistance in civil matters from Vietnam

1. In case there is another request for mutual legal assistance in civil matters as prescribed in Clause 6, Article 8 of this Law, the Ministry of Justice shall consult competent domestic and foreign agencies and persons to agree on its implementation in accordance with relevant Vietnamese and foreign laws.

2. After the Ministry of Justice agrees on the implementation of mutual legal assistance in civil matters as prescribed in Clause 1 of this Article, the receipt and processing of other requests for mutual legal assistance in civil matters from Vietnam must comply with Article 19 of this Law.

Article 21. Implementation of requests for mutual legal assistance in civil matters from Vietnam

Requests for mutual legal assistance in civil matters from Vietnam shall be implemented in accordance with treaties to which the Socialist Republic of Vietnam is a contracting party. In case Vietnam and a foreign country are not both contracting parties to a treaty, or the treaty to which the Socialist Republic of Vietnam is a contracting party does not provide this issue, the law of the requested country or a specific method proposed by Vietnam and accepted by the requested country shall apply.

Article 22. Transfer of requests for mutual legal assistance in civil matters from Vietnam in the electronic environment

If the requested country accepts the transfer of a request for mutual legal assistance in civil matters in the electronic environment, the Ministry of Justice shall consult the foreign agency or person receiving the request on the acceptable method of transfer.

Article 23. Notification of results of implementation of requests for mutual legal assistance in civil matters

Within 5 working days from the date of receiving the written notification from the foreign country regarding the result of the implementation of a request for mutual legal assistance in civil matters, the Ministry of Justice shall forward that notification to the Vietnamese competent agency or person that submitted the dossier of request for mutual legal assistance in civil matters.

If the result of mutual legal assistance in civil matters is unclear or incomplete, the Vietnamese competent agency or person may request the Ministry of Justice to send a request to the competent agency or person in the foreign country for clarification or supplementation.

Article 24. Legal validity of the results of mutual legal assistance in civil matters

The results of the implementation of requests for mutual legal assistance in civil matters from Vietnam, as prescribed in this Law, provided by a foreign country, shall be recognised for consideration and use in the process of resolving civil cases, bankruptcy cases, and civil judgement enforcement matters in accordance with relevant laws.

Article 25. Request for evidence collection by taking online statements in Vietnam

1. An agency or a person competent to request mutual legal assistance in civil matters may collect evidence by taking online statements from parties headquartered or residing abroad in accordance with Vietnam’s procedural law and the law of the requested country, provided that the parties voluntarily participate in providing statements online.

2. After receiving the requested country’s response agreeing to taking statements online as prescribed in Clause 1 of this Article, the Ministry of Justice shall notify in writing the agency or person competent to request mutual legal assistance in civil matters in order to conduct the online taking of statements. The agency or person competent to request mutual legal assistance in civil matters shall take online statements of the parties and shall be responsible for ensuring the security of information and data; and for the use of encrypted technology and transmission lines in accordance with law.

Chapter III

REQUESTS FOR MUTUAL LEGAL ASSISTANCE IN CIVIL MATTERS FROM FOREIGN COUNTRIES

Article 26. Competence to implement requests for mutual legal assistance in civil matters from foreign countries

1. Vietnam’s agencies with competence to implement requests for mutual legal assistance in civil matters from foreign countries include:

a/ Regional People’s Courts;

b/ Provincial/municipal civil judgement enforcement agencies;

c/ Agencies currently storing and managing information and documents.

2. The territory-based competence of the agencies specified in Clause 1 of this Article shall be determined on:

a/ The place where the party concerned is headquartered or resides or works;

b/ The place where evidence is collected and provided.

3. The service of foreign documents in mutual legal assistance in civil matters in Vietnam shall be carried out by public postal services. The Government shall detail this Clause.

Article 27. Refusal or postponement of implementation of requests for mutual legal assistance in civil matters from foreign countries

1. The implementation of requests for mutual legal assistance in civil matters from foreign countries shall be refused in the following cases:

a/ It is so provided in a treaty to which the Socialist Republic of Vietnam is a contracting party;

b/ There is a violation of the principles prescribed in Clause 1, Article 6 of this Law;

c/ It falls outside the scope of functions of competent agencies of Vietnam.

2. Requests for mutual legal assistance in civil matters from foreign countries may be refused in the following cases:

a/ There are grounds to believe that the foreign country will not cooperate in implementing requests for mutual legal assistance in civil matters from Vietnam;

b/ Vietnam’s law does not provide this issue.

3. Requests for mutual legal assistance in civil matters from foreign countries may be postponed in Vietnam based on notifications from competent investigation, prosecution, adjudication or judgement enforcement agencies that their implementation would hinder the investigation, prosecution, adjudication or judgement enforcement process in Vietnam.

4. The Ministry of Justice shall assume the prime responsibility for, and coordinate with the Supreme People’s Court, the Ministry of Foreign Affairs, and other related agencies in, considering and deciding on the refusal or postponement of the implementation of requests for mutual legal assistance in civil matters from foreign countries, and inform the requesting countries of the reasons.

Article 28. Dossiers of request for mutual legal assistance in civil matters from foreign countries

1. A dossier of request for mutual legal assistance in civil matters from a foreign country as prescribed in Clauses 1, 2, 3 and 4, Article 8 of this Law must comprise:

a/ A written request for mutual legal assistance in civil matters;

b/ Documents accompanying the request;

c/ Documents proving the payment of costs for implementing mutual legal assistance in civil matters.

2. A dossier of request for mutual legal assistance in civil matters from a foreign country as prescribed in Clauses 5 and 6, Article 8 of this Law must comprise:

a/ A written request for mutual legal assistance in civil matters;

b/ Necessary documents for the implementation of the request (if any).

3. A dossier of request for mutual legal assistance in civil matters shall be made in 2 sets.

4. The Government shall detail this Article.

Article 29. Written requests for mutual legal assistance in civil matters from foreign countries

Written requests for mutual legal assistance in civil matters from foreign countries must contain the details prescribed in Article 18 of this Law.

Article 30. Receipt and processing of requests for mutual legal assistance in civil matters from foreign countries

1. Within 20 days from the date of receiving a request for mutual legal assistance in civil matters from a competent agency or person of a foreign country or through diplomatic channels, except the case specified in Clause 2 of this Article, the Ministry of Justice shall examine the validity of the dossier based on Article 28 of this Law and shall:

a/ Transfer the request to a competent agency of Vietnam for implementation if the dossier is valid; or,

b/ Return the dossier to the requesting agency or person if the dossier is invalid, along with a written response stating the reason.

2. In case a request for mutual legal assistance in civil matters involves a proposal to apply foreign law, within 60 days after receiving the request, the Ministry of Justice shall examine the validity of the dossier, and assume the prime responsibility for, and coordinate with the Supreme People’s Court, the Ministry of Foreign Affairs, and other related agencies in, considering the request, and shall:

a/ Transfer the request to a competent agency of Vietnam for implementation if the dossier is valid and it agrees to the application of foreign law;

b/ Return the dossier to the competent agency or person of the requesting foreign country if the dossier is invalid or disagrees to the application of foreign law, along with a written response stating the reason, or notify such to the Ministry of Foreign Affairs to respond, for requests involving the proposal for the application of foreign law sent through diplomatic channels.

3. Within 90 days after receiving a request for mutual legal assistance in civil matters from a foreign country, the competent agency of Vietnam shall implement the request and notify the Ministry of Justice of the result.

4. Within 5 working days after receiving the notification of the results of implementation of mutual legal assistance in civil matters, the Ministry of Justice shall forward that notification to the competent agency or person of the requesting foreign country in accordance with the treaty to which the Socialist Republic of Vietnam and the requesting country are both contracting parties, or through diplomatic channels.

5. The Government shall detail this Article.

Article 31. Receipt and processing of other requests for mutual legal assistance in civil matters from foreign countries

1. In case a foreign country makes other requests for mutual legal assistance in civil matters as prescribed in Clause 6, Article 8 of this Law, the Ministry of Justice shall consult competent domestic and foreign agencies and persons to agree on their implementation in accordance with relevant Vietnamese and foreign laws.

2. After the Ministry of Justice agrees on the provision of mutual legal assistance in civil matters as prescribed in Clause 1 of this Article, the receipt and processing of other requests for mutual legal assistance in civil matters from foreign countries must comply with Article 30 of this Law.

Article 32. Implementation of requests for mutual legal assistance in civil matters from foreign countries

1. Requests for mutual legal assistance in civil matters from foreign countries shall be implemented in accordance with treaties to which the Socialist Republic of Vietnam is a contracting party.

2. In case Vietnam and a foreign country are not both contracting parties to a treaty, or the treaty to which the Socialist Republic of Vietnam is a contracting party does not provide this issue, the following provisions shall apply:

a/ The provisions of the civil procedural law, the bankruptcy law, and the law on civil judgement enforcement, similar to those applied to domestic cases;

b/ As requested by the competent agency or person of the foreign country, in accordance with Article 5 of this Law.

Article 33. Receipt of requests for mutual legal assistance in civil matters from foreign countries in the electronic environment

The receipt of requests for mutual legal assistance in civil matters from foreign countries in the electronic environment shall be carried out in accordance with treaties to which the Socialist Republic of Vietnam is a contracting party. In case Vietnam and a foreign country are not both contracting parties to a treaty, or the treaty to which the Socialist Republic of Vietnam is a contracting party does not provide this issue, but the requesting country proposes transferring the request for mutual legal assistance in civil matters in the electronic environment, the Ministry of Justice shall coordinate with the competent agency or person of the foreign country on the method of receiving and returning the result of implementation of the request for mutual legal assistance in civil matters to the foreign country.

Article 34. Collection of evidence through taking online statements of foreign parties

1. Competent agencies and persons of foreign countries may collect evidence by taking online statements from foreign parties headquartered or residing in Vietnam when the following conditions are met:

a/ Ensuring respect for independence, sovereignty, unity, and territorial integrity; and non-interference in Vietnam’s internal affairs. The case does not involve national security, sovereignty or sovereign rights of Vietnam, or have complex political implications for Vietnam;

b/ The foreign party voluntarily participates in giving statements;

c/ Information and data security; and encrypted technology and transmission lines are guaranteed.

2. Competent agencies and persons of foreign countries requesting the collection of evidence by taking online statements shall submit a written request to the Ministry of Justice, committing to meeting the conditions specified in Clause 1 of this Article.

3. Upon receiving a request as prescribed in Clause 2 of this Article, the Ministry of Justice shall assume the prime responsibility for, and coordinate with the Supreme People’s Court, the Ministry of Foreign Affairs and the Ministry of Public Security in, considering and deciding on the online taking of statements from foreign parties. If the conditions specified in Clause 1 of this Article are not met, the Ministry of Justice shall issue a written refusal of the request, clearly stating the reason.

4. The Government shall detail this Article.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 35. Mutual legal assistance in civil matters in the electronic environment

Based on socio-economic conditions, needs and capabilities in each period, the Government shall provide guidance on the implementation of mutual legal assistance in civil matters between Vietnam and foreign countries in the electronic environment.

Article 36. Amendments and supplements to a number of articles of the Law on Administrative Procedures

To add Article 370a before Article 371 in Chapter XXIII - Implementation provisions - of Law No. 93/2015/QH13 on Administrative Procedures, which has a number of articles amended and supplemented under Law No. 55/2019/QH14, Law No. 34/2024/QH15 and Law No. 85/2025/QH15, as follows:

“Article 370a. Mutual legal assistance in administrative procedures

Requests for mutual legal assistance in administrative procedures shall be carried out in accordance with the law on mutual legal assistance in civil matters.”

Article 37. Effect

1. This Law takes effect on July 1, 2026.

2. Law No. 08/2007/QH12 on Mutual Legal Assistance, which has a number of articles amended and supplemented under Law No. 81/2025/QH15, ceases to be effective on the date this Law takes effect, except the transitional provisions in Clause 1, Article 38 of this Law; Article 45 of the Extradition Law; Article 48 of the Law on Transfer of Sentenced Persons; and Clause 1, Article 42 of the Law on Mutual Legal Assistance in Criminal Matters.

Article 38. Transitional provisions

1. Requests for mutual legal assistance in civil matters that are received by the Ministry of Justice prior to the effective date of this Law shall continue to be examined and resolved in accordance with Law No. 08/2007/QH12 on Mutual Legal Assistance, which has a number of articles amended and supplemented under Law No. 81/2025/QH15.

2. The provisions on “judicial mandate” in civil matters in Clause 1, Article 6 of Law No. 08/2007/QH12 on Mutual Legal Assistance, which has a number of articles amended and supplemented under Law No. 81/2025/QH15, in current legal documents shall be construed as equivalent to “requests for mutual legal assistance in civil matters” as prescribed in this Law.

This Law was passed on November 26, 2025, by the 15th National Assembly of the Socialist Republic of Vietnam at its 10th session.

Chairman of the National Assembly

TRAN THANH MAN

(See Part 1: https://vietnamnews.vn/politics-laws/1784636/new-law-on-mutual-legal-assistance-in-civil-matters.html)