Circular 07/2026/TT-BTP On the procedures and formalities for collecting, submitting actual costs, serving foreign documents, and sample documents in judicial assistance in civil matters

 

 

 

CIRCULAR

On the procedures for collecting and paying actual costs and serving foreign documents in civil judicial assistance

 

Pursuant to the Civil Judicial Assistance Law No. 102/2025/QH15;

Pursuant to the Government's Decree No. 158/2026/NĐ-CP detailing and guiding the implementation of the Civil Judicial Assistance Law;

Pursuant to the Government's Decree No. 09/2026/NĐ-CP on the functions, tasks, powers, and organizational structure of the Ministry of Justice;

At the proposal of the Director of the International Legal Department and International Investment Dispute Resolution Bureau;

The Minister of Justice issues this Circular on the procedures for collecting and paying actual costs and serving foreign documents in civil judicial assistance.

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates the procedures for collecting and paying actual costs for implementing civil judicial assistance requests from Vietnam and foreign countries; the procedures for serving foreign documents through public postal services; and sample documents in civil judicial assistance.

2. This Circular applies to agencies, organizations, and individuals in Vietnam and foreign agencies, organizations, and individuals involved in civil judicial assistance activities between Vietnam and foreign countries.

Article 2. Collection and Payment of Actual Costs for Implementing Civil Judicial Assistance Requests from Vietnam

The collection and payment of actual costs for implementing civil judicial assistance requests (actual costs) from Vietnam shall be carried out as follows:

1. The enforcement agency opens an account at a commercial bank to transfer actual costs from Vietnam to the competent authority of the foreign country.

2. Upon receipt of a document from the competent authority of the foreign country regarding actual costs, the receiving agency is responsible for sending this document to the requesting agency or person in Vietnam according to the procedures and formalities specified in Article 9 of the Government's Decree No. 158/2026/NĐ-CP detailing certain provisions and measures for implementing the Civil Judicial Assistance Law (Decree No. 158/2026/NĐ-CP).

3. Within three working days from the date of receipt of the document from the competent authority of the foreign country regarding actual costs, the requesting agency or person in Vietnam sends this document and notifies the enforcement agency and the person obligated to pay.

4. Within seven working days from the date of receipt of the notification from the requesting agency or person in Vietnam, the enforcement agency pays the actual costs to the foreign side as follows:

a) Transfers money to the foreign side if the advance payment is sufficient to cover the actual costs for the competent authority of the foreign country and the costs of transferring money abroad;

b) Notifies the person obligated to pay the remaining amount and the deadline for supplementary payment if the advance payment is insufficient to cover the actual costs for the competent authority of the foreign country and the costs of transferring money abroad.

5. If the person obligated to pay does not make the supplementary payment within the notified period under point b, Clause 4 of this Article, the enforcement agency shall proceed as follows:

a) Transfers the advance payment for actual costs to the competent authority of the foreign country after deducting the costs of transferring money abroad if the foreign competent authority has provided the results of the civil judicial assistance request from Vietnam;

b) Notifies the requesting agency or person in Vietnam again to handle the matter according to the law if the foreign side requires full payment of actual costs before implementing the civil judicial assistance request from Vietnam.

6. After transferring money to the foreign side, the enforcement agency informs the requesting agency or person in Vietnam and the person obligated to pay about the completed work and any remaining advance payment (if any).

7. Upon completion of the case, the requesting agency or person in Vietnam issues a notice or decision:

a) Refunds any remaining advance payment for actual costs as stipulated in Clause 6 of this Article to the person obligated to pay;

b) Refunds the entire advance payment for actual costs to the person obligated to pay in the following cases: not receiving the results of the civil judicial assistance request; the civil judicial assistance request cannot be implemented due to the person obligated to pay not making the supplementary payment as stipulated in point b, Clause 5 of this Article; the foreign competent authority notifies that no actual costs will be charged.

8. The enforcement agency notifies the person obligated to pay about the refund of the advance payment for actual costs according to the notice or decision of the requesting agency or person in Vietnam as stipulated in Clause 7 of this Article. In case the person obligated to pay does not come to collect the refund within the time limit in the notice, the enforcement agency handles it according to the law on civil enforcement.

Article 3. Collection and Payment of Actual Costs for Implementing Requests for Civil Judicial Assistance from Foreign Countries

1. In cases where actual costs can be determined at the time the competent authority of Vietnam receives the request for civil judicial assistance from a foreign country, such authority must notify the competent authority or person of the foreign country about the payment of actual costs.

2. In cases where actual costs cannot be determined at the time of receiving the request for civil judicial assistance from a foreign country, within five working days from the date of determining the actual costs, the competent authority of Vietnam implementing the request for civil judicial assistance from a foreign country shall notify the competent authority or person of the foreign country according to the procedures and formalities stipulated in Article 14 of Decree No. 158/2026/NĐ-CP. The notification shall clearly state the amount of costs, the method of payment, and the deadline for payment not exceeding sixty days from the date of issuance of the notification.

Within five working days from the expiration of the deadline specified in the notification or any other extended deadline approved by the Ministry of Justice, if the competent authority or person of the foreign country does not pay the full actual costs, the competent authority of Vietnam implementing the request for civil judicial assistance from a foreign country shall notify the non-execution of the request and return the file.

Article 4. General Provisions on Serving Documents of Foreign Countries through Public Postal Services

1. Within three working days from the date of receipt of the request for civil judicial assistance from a foreign country from the Ministry of Justice, the public postal service provider enterprise (postal enterprise) shall accept the file and cooperate with the counting as required by the Ministry of Justice.

2. The postal enterprise shall serve the documents a maximum of two times. The serving times shall be during different time frames separated by three days unless otherwise agreed with the recipient. If the first attempt at serving is unsuccessful and does not fall under the circumstances for which records are established as provided in Articles 5 and 6 of this Circular, the postal service employee (postal employee) must return the notice for the recipient to contact again regarding the communication time frame or come to the post office to receive the document and determine the time for the second serving attempt if the recipient does not contact back. After two attempts still fail to serve and do not fall under the circumstances for which records are established as provided in Articles 5 and 6 of this Circular, the postal employee shall prepare a record detailing the reasons and return the file to the Ministry of Justice.

3. In cases where the competent authority or person of the foreign country requests implementation in a manner different from that prescribed in this Circular, the postal enterprise shall handle as follows:

a) Implement according to the method requested by the competent authority or person of the foreign country when conditions and capabilities permit. In cases where actual costs arise, the postal enterprise shall notify the Ministry of Justice of the amount and method of payment to request the competent authority or person of the foreign country to pay. The postal enterprise shall serve the documents after the competent authority or person of the foreign country pays the actual costs.

b) Return the file to the Ministry of Justice when conditions and capabilities do not permit and specify the reasons.

4. The maximum period for serving documents of foreign countries is twenty days from the date of receipt of the request or from the date the competent authority or person of the foreign country pays the actual costs as stipulated in point a, Clause 3 of this Article. In cases of objective reasons or special serving areas, remote regions, or implementation according to the method requested by the competent authority or person of the foreign country, the above period may be longer but not exceeding ninety days. In this case, the postal enterprise must notify the Ministry of Justice.

5. The results of serving documents shall be notified to the Ministry of Justice in writing or by electronic means as required by the Ministry of Justice, and stored by the postal enterprise for five years from the date of completion of the serving process.

6. During the process of serving documents by the postal enterprise, representatives of villages, residential wards, police stations, and People's Committees at the commune level have the responsibility to cooperate according to Article 20 of Decree No. 158/2026/NĐ-CP, confirming in the records of serving documents prepared by the postal employees.

Article 5. Serving documents to the person to be served who is an individual

1. Postal staff shall directly deliver the documents to the individual at the requested address, prepare a record according to Model No. 05 in the Appendix attached to this Circular, wherein the person to be served must sign or affix their fingerprint.

2. In cases where it is not possible to serve the individual at their place of residence as stipulated in Clause 1 of this Article, postal staff shall proceed as follows:

a) In cases where the person to be served does not reside at the requested address, postal staff shall prepare a record according to Model No. 06 in the Appendix attached to this Circular, stating the reasons clearly, with confirmation from a representative of the village, ward people's group, or commune police station, or a witness, or a declaration by the postal staff that they have fully completed the service process and returned the file to the Ministry of Justice.

b) In cases where the person to be served refuses to accept the documents, postal staff shall prepare a record according to Model No. 06 in the Appendix attached to this Circular, stating the reasons clearly, with confirmation from a representative of the village, ward people's group, or commune police station, or a witness, or a declaration by the postal staff that they have fully completed the service process and returned the file to the Ministry of Justice.

c) In cases where the person to be served is absent, postal staff shall prepare a record according to Model No. 05 in the Appendix attached to this Circular and hand over the documents to a close relative residing at the same place with sufficient capacity for civil acts, or a representative of the village, ward people's group, to sign for receipt or affix their fingerprint, and request this person to commit to delivering the documents directly to the person to be served.

d) In cases where the person to be served no longer resides at the requested address and their current place of residence cannot be determined, postal staff shall prepare a record according to Model No. 06 in the Appendix attached to this Circular, stating the reasons clearly, with confirmation from a representative of the village, ward people's group, or commune police station, or a witness, or a declaration by the postal staff that they have fully completed the service process; simultaneously, publicize the documents openly at the People's Committee of the commune within 15 days from the date of posting. The posting document is prepared according to Model No. 07 in the Appendix attached to this Circular.

3. In cases where it is not possible to serve the individual at their workplace as stipulated in Clause 1 of this Article, postal staff shall proceed as follows:

a) In cases where the person to be served refuses to accept the documents, postal staff shall prepare a record according to Model No. 06 in the Appendix attached to this Circular, stating the reasons clearly, with confirmation from a representative of the agency or organization at this address, or a witness, or a declaration by the postal staff that they have fully completed the service process and returned the file to the Ministry of Justice.

b) In cases where the person to be served does not work at this address, postal staff shall prepare a record according to Model No. 06 in the Appendix attached to this Circular, stating the reasons clearly, with confirmation from a representative of the agency or organization at this address, or a declaration by the postal staff that they have fully completed the service process and returned the file to the Ministry of Justice.

Article 6. Serving documents to the person to be served who is an agency or organization

1. Postal staff shall directly deliver the documents to the agency or organization at the requested address, prepare a record according to Model No. 05 in the Appendix attached to this Circular. The documents shall be handed over to the legal representative or the person responsible for receiving documents of the agency or organization and must be signed for by these individuals.

2. In cases where the agency or organization does not have an office or headquarters at the requested address, postal staff shall prepare a record according to Model No. 06 in the Appendix attached to this Circular, stating the reasons clearly, with confirmation from a representative of the village, ward people's group, or commune police station, or a witness, or a declaration by the postal staff that they have fully completed the service process and returned the file to the Ministry of Justice.

3. In cases where the legal representative or the person responsible for receiving documents of the agency or organization refuses to accept the documents, postal staff shall prepare a record according to Model No. 06 in the Appendix attached to this Circular, stating the reasons clearly, with confirmation from a representative of the village, ward people's group, or commune police station, or a witness, or a declaration by the postal staff that they have fully completed the service process and returned the file to the Ministry of Justice.

4. In cases where the agency or organization has moved its headquarters or office and the current address cannot be determined, postal staff shall prepare a record according to Model No. 06 in the Appendix attached to this Circular, with confirmation from a representative of the village, ward people's group, or commune police station, or a declaration by the postal staff that they have fully completed the service process, and simultaneously, publicize the documents openly at the People's Committee of the commune within 15 days from the date of posting. The posting document is prepared according to Model No. 07 in the Appendix attached to this Circular.

5. In cases where the legal representative or the person responsible for receiving documents of the agency or organization is absent without a clear return time and there is no authorized person to receive on their behalf, postal staff shall prepare a record according to Model No. 06 in the Appendix attached to this Circular, stating the reasons clearly, with confirmation from a representative of the village, ward people's group, or commune police station, or a witness, or a declaration by the postal staff that they have fully completed the service process; simultaneously, publicize the documents openly at the People's Committee of the commune within 15 days from the date of posting. The posting document is prepared according to Model No. 07 in the Appendix attached to this Circular.

Article 7. Templates for use in civil judicial assistance

The templates for use in civil judicial assistance specified in the Appendix attached to this Circular include:

1. Template number 01: Request for civil judicial assistance according to bilateral agreements or without international treaties.

2. Template number 02: Request for civil judicial assistance according to the Service of Process Convention.

3. Template number 03: Request for civil judicial assistance according to the Taking of Evidence Convention.

4. Template number 04: Notification of the results of implementing requests for foreign civil judicial assistance.

5. Template number 05: Successful service record of postal staff.

6. Template number 06: Unsuccessful service record of postal staff.

7. Template number 07: Posting record of postal staff.

Article 8. Implementation Provisions

1. This Circular takes effect from July 1, 2026.

2. Joint Circular No. 12/2016/TTLT-BTP-BNG-TANDTC dated October 19, 2016, issued by the Minister of Justice, the Minister of Foreign Affairs, and the Chief Justice of the Supreme People's Court on the procedures and formalities for civil judicial assistance shall not apply to civil judicial assistance activities from the date this Circular takes effect, except for cases provided for in Clause 1, Article 38 of the Civil Judicial Assistance Law, as amended and supplemented by Joint Circular No. 13/2025/TTLT-BTP-BNG-TANDTC.

3. The competent authorities requesting civil judicial assistance in Vietnam, the competent authorities executing foreign requests for civil judicial assistance, and related agencies, organizations, and individuals are responsible for implementing this Circular.

 

ANNEX

(Attached to Circular No. 07/2026/TT-BTP dated May 16, 2026,

issued by the Minister of Justice)

TEMPLATE NUMBER 01

REQUEST FOR CIVIL JUDICIAL ASSISTANCE ACCORDING TO BILATERAL AGREEMENTS OR WITHOUT INTERNATIONAL TREATIES

SOCIALIST REPUBLIC OF VIETNAM

1. Name of the authority requested to provide civil judicial assistance

...(13)...(14) Please be informed.

 

 

 

Write the name of the authority authorized to request civil judicial assistance.

(1) (13) (14) Example: People's Court of Hanoi City, Civil Enforcement Authority of Hanoi City, People's Court District 3 - Ho Chi Minh City.

Record the place and time of issuance of the request for civil judicial assistance (Example: Hanoi, October 10, 2026).

(2) Record the request number/Abbreviation of the request

(3) R - Abbreviations of competent authorities Abbreviations of competent authorities: Court: TA, Civil Enforcement Authority: THA, Prosecution Office: VKS... Followed by the abbreviation of 34 provinces and cities listed below:

1. An Giang: AG

 

 

Example: Request for civil judicial assistance from District 1 People's Court of An Giang is abbreviated as.../R-TAAG.1; Request for civil judicial assistance from An Giang Province People's Court is abbreviated as.../R-TAAG; Request for civil judicial assistance from An Giang Province Civil Enforcement Authority is abbreviated as.../R-THAAG.

Record the name of the foreign authority, person with authority. If it cannot be determined, record it as the Competent Authority of the country/territory requested for civil judicial assistance.

(4) Example: Competent Authority of Malaysia requested for civil judicial assistance.

Record the full name and contact address of the authority requesting civil judicial assistance.

(5) Provide full name and contact address of the authority requesting judicial assistance.

Example: If the People's Court of Hanoi City is the court requesting judicial assistance in civil matters, then in this section, the court shall record as follows: "People's Court of Hanoi City; Address: No. 1 Pham Tu Street, Hoang Lieu Ward, Hanoi City, Vietnam".

Telephone number: / Email: (fill in the telephone number and email of the person directly handling the case or the person preparing the file for the Ministry of Justice or the competent authority of a foreign country to contact)

(6) Record the full name of the person directly handling the case

Example: Judge Nguyen Van A, Enforcement Officer Nguyen Thi B

(7) Record complete information about the persons directly related to the request for judicial assistance in civil matters as follows:

For individuals, record full name, gender, nationality, residential or workplace address;

For organizations, record full name; office or headquarters address.

Before proceeding to prepare the file for requesting judicial assistance in civil matters, the competent authority requesting must collect and verify accurately the following information: full name, gender, nationality, residential or workplace address for individuals and full name, address or office headquarters of organizations.

Through collecting and verifying information about individuals, organizations that the requesting competent authority knows other relevant information directly related to the request for judicial assistance in civil matters such as: identity document information (passport number, identification card number, etc.), occupation, legal representative, relatives or workplace for individuals; business registration information, tax code, branch offices, representative offices, legal representative for organizations, the requesting competent authority shall record these pieces of information after the sections of name, address, nationality residence or workplace of individuals: full name, address or main office of the organization directly related to the request for judicial assistance in civil matters.

(8) The competent authority requesting judicial assistance in civil matters selects one of the judicial assistance tasks specified in Article 8 of the Law on Judicial Assistance in Civil Matters by listing specific information or attaching necessary documents as follows:

- Serving documents accompanied by the name, number, and date of the served document

Example: Serving Notice of Case Acceptance No. 01/TBTL-VA dated October 1, 2026

- Collecting and providing evidence accompanied by a description of the evidence to be collected, questions to ask those involved

Example 1: Collecting evidence is the statement of defendant Mr. Tran Van B with the following specific questions:

1. Did Mr. Tran Van B and Mrs. Nguyen Thi A sign a contract on January 1, 2026?

2. …

Example 2: Collecting evidence is the bank transaction statement of Mr. Tran Van B at Bangkok Bank, Thailand from January 1, 2026 to March 1, 2026, account number 123456789xxx, account holder Tran Van B.

- Summoning witnesses, experts

Attached files include Description of rights and obligations of witnesses, experts and Summons for witnesses, experts

- Providing family records; extracts of court decisions on family matters

Detailed description of the type of document, issuing authority, issuance date

Example: Providing death certificate of Mr. Josef Clementis who died on December 16, 2021 in Prague, Czech Republic. Last place of residence before death was Francouzská 240/76, 101 00 Praha 10-Vršovice, Czechia.

- Providing legal information: Detailed description of the legal information required to resolve the matter

Example: Providing Russian legal information on inheritance in cases without a will, especially when the estate consists of shares in a company: time of opening the inheritance, determining the inherited property, scope and order of inheritance, dividing the inherited property, fulfilling obligations left by the deceased...

- Other civil judicial assistance requests: describe the request and attached documents (if any)

(9) The competent authority requesting judicial assistance in civil matters summarizes the content of the civil matter being resolved. Example: Summary of the content of the claim for compensation due to a car accident

Summary of the content of the case: Plaintiff Mrs. Nguyen Thi A sues defendant Mr. Tran Van B for compensation due to a car accident. Total damage is 100 million VND.

(10) Depending on the civil judicial assistance task requested, the competent authority requesting judicial assistance may cite applicable laws for implementing the request for judicial assistance in civil matters. Example: When the court serves a notice of case acceptance to a party abroad, the court cites Article...and Article...of the Civil Procedure Code.

(11) The competent authority requesting judicial assistance in civil matters records one of the following two methods of implementation:

- According to the method provided in the national law of the requested state

- According to a special method (describe specifically)

In case of requesting the competent authority of a foreign country to implement the request for judicial assistance in civil matters according to a special method, it is necessary to clearly describe that method and commit to paying actual costs if incurred.

Example: Request that when taking statements from witnesses, audio recordings or video tapes of the process should be attached.

(12) Record the full date, month, year

(15) Record the title, signature, and full name of the person assigned to make the request

Example: JUDGE

             (Signature)

        Nguyen Van A

FORM NO. 02

Request for Judicial Assistance in Civil Matters under the Hague Convention on Service

 

- Date

Instructions for Implementing Form No. 02

Form No. 02 consists of three parts:

Part 1: Request for Serving Judicial and Extrajudicial Documents Abroad (to be implemented according to notes from (1) to (10))

Part 2: Confirmation of Results (blank - The competent authority of the requested country will fill in this part)

Part 3: Summary of the Documents to be Served (to be implemented according to notes from (11) to (22))

Form No. 02 must be filled out in English or the language of the requested country. In case it is filled out in Vietnamese, the additional filled parts must be translated into English or the language of the requested country

 

Part 1: Request for Serving Judicial and Extrajudicial Documents Abroad

(*) Number of the document to be filled in like Form 01

(1) Fill in fully the name and complete postal address of the competent authority requesting judicial assistance in civil matters of Vietnam. Telephone number and email address of the person preparing the file for the Ministry of Justice or the competent authority of the foreign country to contact.

Do not fill in the name of the plaintiff or the representative of the plaintiff in this section.

(2) Fill in fully the name and address of the Central Authority of the requested country. A full and updated list of addresses of these authorities is available at the Service section on the website of the Hague Conference on Private International Law (hcch.net)

Guide to the hcch.net page

Section Service

Select the Authorities section

Choose the country to which the document is to be sent.

Copy the information about the name and address of the Central Authority

Example: Central Authority of South Korea: After selecting the Authorities section, select Korea, copy the address of the Central Authority of South Korea

National Court Administration

Attn.: Director of International Affairs
Seocho-daero 219
Seocho-gu
SEOUL 137-750
Republic of Korea

(3) Information includes

Individual: Full Name, Nationality, Gender, Residential or Workplace Address, Date of Birth (if applicable)

Organization: Full Name, Main Office Address

Requests sent to member states using non-Latin scripts must include the name and address of the person to be served in one of the official languages of that state.

(4) Option (a): Check the corresponding box if you want the document to be served by a specific method under the domestic law of the requested country (official service) and this method is determined by the served country. Costs may arise if it is necessary to hire judicial officers or persons authorized by the receiving country's law to carry out the service (Article 12 (2) (a) of the Service Convention).

(5) Option (b): Check the corresponding box if you want the document to be served by a special method.

(6) Describe specifically the special method of service that the competent authority of Vietnam wishes the competent authority of the foreign country to implement to ensure compliance with the procedural law of Vietnam.

Note: The special method of service may incur additional costs (Article 12 (2) (b) of the Service Convention).

(7) Option (c): Check the corresponding box if you want the document to be served by delivering it to the person to be served if they voluntarily accept (unofficial service). Unofficial methods of service vary among member states and may include: serving directly at court pursuant to a summons to deliver the served document, some countries consider serving through postal services or through litigation representatives or police also as unofficial service... In this case, the document to be served does not need to be translated into the language of the requested country, however, it cannot be served by alternative means under the law of the requested country if the person to be served does not voluntarily accept.

(8) List of Documents

Fully list the types of documents to be served along with the Request

Example: Notice of Case Acceptance, Summons, Decision, Complaint...

(9) Information about the place and time of issuance of the request document: Example: Issued in Hanoi, January 10, 2026

(10) Signature of the authorized person and stamp

Part 2: Confirmation of Service Results: leave blank (note that the content of this part will be printed on the back of Part 1)

Part 3: Summary of Documents Served

(11) Fill in the information as per the section(1)

(12) Fill in the information about the parties involved in the case: Name of the plaintiff and defendant, interested parties (if any)

- Plaintiff

- Defendant

In cases where there are multiple plaintiffs, defendants, or interested parties, only one or two individuals should be listed and "and others" should be noted

(13) Check this box if serving a procedural document

(14) The nature and purpose of the document refer to its classification under the law: the name of the document

Example: notification of acceptance, date of hearing, trial date for divorce case

(15) Briefly summarize the plaintiff's request and grounds for the request. If the plaintiff requests a specific amount of money, clearly state the specific amount.

Example: Notification of acceptance, date of hearing, trial date for divorce case between Plaintiff Mrs. Nguyen Thi A and Defendant Mr. Lee Che B. The case involves the request for divorce, custody of children, and division of joint property valued at 100 million VND.

(16) Fill in the date and location accurately so that the person served can appear before the competent authority as stated in the document. Any conditions and notes attached (if any). If the presence of the person served is not required, enter "not applicable" (n/a).

Example: The trial will take place at 8 AM on January 10, 2026, at the People's Court of Hanoi City. Address: No. 1 Pham Tu Street, Hoang Lie Commune, Hanoi City, Vietnam. When appearing, bring identification documents (passport).

(17) (18) Fill in these sections if the served document is a court judgment or decision. If the document is not a judgment or decision, enter "not applicable" (n/a)

Example: Judgment No. 01/DSST-TA dated January 10, 2026 issued by the People's Court of Hanoi City, then Section 17 fills in "People's Court of Hanoi City" and the address of the People's Court of Hanoi City, Section 18 fills in January 10, 2026.

(19) Information to fill in includes the date of the document and any deadlines mentioned in the document (time limit for initiating litigation procedures, reviewing judgments or decisions...). If there is no such deadline, enter "not applicable" (n/a)

Example: Notification of acceptance, date of hearing, trial date requiring the person served to respond within 30 days from the date of receiving the document, then the deadline filled in this section is 30 days.

For notifications regarding judgments, the deadline mentioned in the document refers to the time limit for the judgment to become legally binding and the time limit for the parties to appeal.

(20) Check the blank box if the served document is not a procedural document

(21) The nature and purpose of the document refer to its classification under the law: the name of the document

(22) If there is no deadline mentioned in the document, enter "not applicable" (n/a)

 

FORM NO. 03

Judicial Assistance Request in Civil Matters under the Hague Evidence Convention

 

A complete and updated list of addresses of these authorities can be found in the Evidence section on the HCCH website (hcch.net)

 

Guide to the hcch.net page

(1) (6) Section

Evidence

Select the Authorities section

Select the country to which the request is to be sent

Copy the name and address of the Central Authority Example: For China, after selecting the Authorities section, choose China, then copy the address of the Central Authority of China

Ministry of Justice of China, International Legal Cooperation Center (ILCC)

No. 41, Ping'AnLi Xidajie, Xicheng District, Beijing 100035, China

(3) For Vietnamese judicial assistance requests, fill in this section as follows:

Ministry of Justice of Vietnam

Address: 58-60 Tran Phu Street, Ba Dinh District, Hanoi

Postal Code: 100000

Email: [email protected]

Tel: (+84) (24) 62739445

(4) (5) Specify the deadline and reason for urgent execution of the request

(8) Specify the case number at the requesting authority

Example: the case registration number or management code at the court (9) - (14) Fill in the full name, address, phone number, email of the parties involved in the case and their representatives (if any) (especially in cases where the parties or their representatives request presence according to Note (26) of Section 14, the email of the party must be specified)

If there is no request in Section 14, only the full name or name of the party needs to be filled in. In cases with multiple plaintiffs or defendants, only the name of the main plaintiff or defendant needs to be stated.

(15) Describe the nature of the proceedings (divorce, breach of contract, product liability, etc.)

The level of detail depends on the evidence needed to ensure that the competent authority of the requested state can understand and execute the request.

(16) (17) Describe the claims in the complaint/petition and the defendant's response (the contents leading to the need for evidence collection), especially the necessary information to take statements from the person being questioned about a specific issue

(18) Other necessary documents may include court decisions determining the nature and details of the evidence to be collected, documents related to the case. Note that these documents must comply with the language requirements of the requested state.

For example, documents attached to the evidence collection request sent to China must be translated into Chinese.

(19) Detailed description of the evidence to be collected or the judicial act to be carried out. Details about the evidence to be collected should be filled in Sections 9-11 noted (19)-(23)

(20) Affirmation of the purpose of the evidence or judicial act to be carried out. When collecting evidence, specify how the evidence is relevant to the case and how it will be used in the proceedings, particularly when the requested state makes a declaration opposing the collection of evidence as relevant before the trial, as known in common law countries.

For electronic stored data, clearly specify the type of information to be collected: for example, author/creator of the document, number of document accesses, and who accessed the document...

Information includes

Individual: Full name, Nationality, Gender, Residential or Work Address, Date of Birth (if available)

Organization: Full name, Main Office Address

Requests sent to member states using non-Latin alphabets must include the name and address of the person to be questioned in one of the official languages of that state.

In cases requiring evidence collection from multiple different individuals, the competent authority issuing the request must communicate beforehand to determine whether separate requests should be made for each individual.

(21) Information includes

Individual: Full name, Nationality, Gender, Residential or Workplace Address, Date of Birth (if available)

Organization: Full name, Main Office Address

Requests sent to member states using non-Latin scripts must be accompanied by the name and address of the person to be contacted in one of that country's official languages.

Where evidence is to be gathered from multiple individuals through statements, the competent authority issuing the request must coordinate to determine whether separate requests should be made for each individual.

(22) Pose clear and accurate questions. In case there are many questions, a separate document can be prepared to meet the language requirements of the requested country.

(23) Provide a detailed description of the documents to be collected and verified.

Example: The documents should specify the preparer, the person to be served, the subject matter, and the date (if known), as well as the name and address of the person who may present the documents.

(24) Provide a detailed description of the form of the undertaking, the required wording, and the procedure for executing the undertaking (if applicable).

(25) Provide a detailed description of any special procedures (if applicable).

(26) (27) Fill in these blanks if there are requirements under Article 7 and Article 8 of the Convention.

(28) State the rights or obligations to refuse to provide evidence according to Vietnamese law.

Example: If the person from whom testimony is sought is a witness, according to Clause 3, Article 78 of the Civil Procedure Code 2015, the witness may refuse to testify if their testimony relates to state secrets, professional secrets, business secrets, personal secrets, family secrets, or if providing such testimony would have adverse effects on themselves or close relatives.

(29) Clearly state the full name, address, phone number, and email of the person responsible for paying the costs of collecting evidence.

(30) State the date of the request.

(31) Signature of the authorized person and stamp.

 

FORM NUMBER 04

Notification of the Results of Execution of Foreign Judicial Assistance Requests in Civil Matters

 

To: Ministry of Justice

Reply to Circular No... (4) dated... month... year... of the Ministry of Justice regarding the request for foreign judicial assistance in civil matters

 

 

Guidelines for Form Number 04

(1) Name of the competent authority executing foreign judicial assistance requests in civil matters.

Example: People's Court of Hanoi City

(2) Enter the document number, abbreviated result code: C, abbreviated name of the competent authority as instructed in Form Number 01

Example: Result of executing foreign judicial assistance requests in civil matters by the First District People's Court of Hanoi City

No.: 01/C- HNDC.1

(3) Location and time of drafting the document

(4) Number, code, date of the circular from the Ministry of Justice requesting execution of foreign judicial assistance requests in civil matters

(5) Name, address, phone number, email of the competent authority executing foreign judicial assistance requests in civil matters

(6) Name, address of the foreign authority requesting judicial assistance in civil matters.

Example: Family Court of Seoul, South Korea

(7) Full name, address of the party requesting judicial assistance in civil matters

For individuals, record full name, gender, nationality, residential or workplace address

For organizations, record full name; main office address

 

(8) Specify: date and place of execution of the request for judicial assistance in civil matters, and the method of execution. Method of executing the request for judicial assistance in civil matters, specify the method implemented in accordance with civil procedural laws, enforcement of civil judgments, or special methods upon request of the foreign authority or person requesting judicial assistance.

(9) Specify the reason why the request cannot be executed, for example: incorrect address; the party has moved elsewhere and their current residence cannot be verified...

(10) List the attached documents, for example: verification report; statement-taking report...

(11) The person assigned to execute the foreign judicial assistance request signs and stamps the document of the competent authority executing the request for judicial assistance.

 

FORM NUMBER 05

Postal Service Officer's Delivery Receipt

DELIVERY RECORD

 

At ... hours ..., day... month ... year ...(1)

of the Ministry of Justice (4)

Successfully delivered:

☐ This person shares the same residential address with the person to be served, relationship is (father, mother, spouse, child, grandchild...):...with the person to be served, commits to delivering the received document directly to the person to be served due to absence of the person to be served.

☐ Village representative commits to delivering the received document directly to the person to be served due to absence of the person to be served.

The delivery record ends at ... hours ....(8) on the same day, the person to be served has received and read the document, acknowledged its accuracy, and agreed to sign.

 

 

 

Guidelines for Form Number 05

(1) Fill in the complete date, time, and year of delivery

(2) Fill in the specific location where the delivery was made

(3) Full name of the postal service officer conducting the delivery

(4) Number, code, and date of the circular requesting delivery from the Ministry of Justice

(5) (6) Full name and specific address of the person to be served

(7) Full name and year of birth of the substitute recipient of the documents to be served. Mark the corresponding box for the relationship with the person to be served, and specify the relationship (father, mother, spouse, child, grandchild,...) if the substitute recipient shares the same residential address with the person to be served

(8) Fill in the exact time

(9); (10) Sign and clearly write full name of the person executing. The post office will stamp the date.

 

 

 

 

 

 

 

 

FORM NUMBER 06

RECORD OF UNSUCCESSFUL SERVICE OF DOCUMENTS BY POSTAL STAFF

RECORD

UNABLE TO EFFECT SERVICE OF DOCUMENTS

 

At ... hours ..., on ... day ... month ... year ... (1)

Attempted to serve the documents attached to Circular number ...... dated ... day ... month ... year ... (4)

But unable to serve due to: (7)

1.☐ Incorrect address / does not exist

2.☐ Incomplete address (missing ...)

3.☐ No person to be served at the address

4.☐ Person to be served has moved from the address, new address unknown

5.☐ Person to be served refused to accept the legal document

6.☐ Person to be served was absent and there was no substitute recipient or the substitute recipient refused to accept

7.☐ Other reasons

(Note reason 3: Postal staff will prepare the record for posting according to Form Number 07)

The record ends at ... hours ... (8) on the same day.

 

 

Instructions for Form Number 06

(1) Fill in the complete time, date, and year of service

(2) Fill in the specific address where the service was attempted

(3) Full name of the postal staff attempting service

(4) Number, code, and date and year in the circular requesting service from the Ministry of Justice

(5); (6) Full name and specific address of the person to be served

(7) Mark the corresponding box for the reason. If it falls under other reasons, mark the box and specify the reason for unsuccessful service.

In case of unsuccessful second attempt at service, specify the details of previous attempts and the reason for the second unsuccessful attempt in the other reason box. For example:

"First attempt: served at 8 AM on May 15, 2026

Second attempt: served at 3 PM on May 18, 2026

Both times the house was closed, could not verify."

(8) Fill in the accurate time

(9); (10) Sign and clearly write full name of the person executing. The post office will stamp the date.

In case the representative of the village, neighborhood people's organization, and commune People's Committee, Police Station do not confirm and there is no witness, the postal staff shall record the following commitment statement in the signature section: "I solemnly declare that I have fully followed the procedures for service as prescribed, and have made efforts to obtain confirmation from the representative of the area, local authorities, and witnesses but failed.”

(11) The representative of the village or neighborhood people's organization where the service was attempted confirms the reason for the unsuccessful service, signs and clearly writes full name. If the witness confirms, they must be a person with full civil capacity.

(12) The commune police station confirms the reason for the unsuccessful service, the authorized person signs and stamps. The People's Committee confirms the representative of the village or neighborhood people's organization. MẪU SỐ 07

 

 

 

 

 

RECORD OF POSTING DOCUMENTS BY POSTAL STAFF

SOCIALIST REPUBLIC OF VIET NAM

 

 

REGARDING THE POSTING OF DOCUMENTS

At ... hours ..., on ... day ... month ... year ... (1)

 

At: (2)

Have posted the documents attached to Circular

To the person to be served: (5)

Postal staff (8)

 

 

 

 

 

 

 

(1) Fill in the complete time, date, and year of posting the documents

(2) Fill in the specific address where the documents were posted: for example, the headquarters of the People's Committee of Hoan Kiem Ward at 126 Hang Trong Street, Hoan Kiem Ward, Hanoi City

(3) Full name of the postal staff posting the documents

(4) Number, code, date and year in the circular requesting posting from the Ministry of Justice

(5) (6) Full name and specific address of the person to be served

(7) Fill in the accurate time

(8); (9) Sign and clearly write full name of the person executing. The post office will stamp the date.

(10) The People's Committee of the commune where the documents were posted confirms,

the authorized person signs and stamps. authorized person signs, stamps.