JOINT CIRCULAR No. 13/2025/TTLT-BTP-BNG-TANDTC amending and supplementing certain provisions of 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 President of the Supreme People's Court on the procedures for judicial assistance in civil matters.

CIRCULAR JOINT CIRCULAR

Amending and supplementing certain Articles of the Joint Circular number

12/2016/TTLT-BTP-BNG-TANDTC dated October 19, 2016 issued by the Minister

of the Ministry of Justice, the Minister of the Ministry of Foreign Affairs, and the President of the Supreme People's Court

on the procedures and formalities for judicial assistance in civil matters

—————

On the basis of Pursuant to Law No. 64/2025/QH15 on Legislative Acts of Regulations which has been amended and supplemented by Law No. 87/2025/QH15;

Pursuant to Law No. 8/2007/QH12 on Mutual Legal Assistance which has been amended and supplemented by the Law Amending and Supplementing Certain Provisions of the Law on the Organization of the People's Courts No. 81/2025/QH15;;

Pursuant to Law No. 34/2024/QH15 on the Organization of the People's Courts which has been amended and supplemented by Law No. 81/2025/QH15; and Law No. 63/2014/QH13 on the Organization of the People's Procuracy which has been amended and supplemented by Law No. 82/2025/QH15;

On the basis of Decree No. 92/2008/NĐ-CP dated August 22, 2008 of the Government detailing and guiding the implementation of certain provisions of the Law on Mutual Legal Assistance;

The Minister of Justice, The Minister of Foreign Affairs and the President of the Supreme People's Court issue this Joint Circular amending and supplementing certain Articles of the 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 President of the Supreme People's Court on the procedures and formalities for judicial assistance in civil matters.

Article 1. Amending and supplementing certain Articles of the 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 President of the Supreme People's Court on the procedures and formalities for judicial assistance in civil matters

1. Amending and supplementing Article 10 as follows:

"Article 10. Competence to request judicial commission of Vietnam

The competent authority to request judicial commission of Vietnam includes the Supreme People's Court; Provincial People's Courts; District People's Courts; Civil Enforcement Agencies of provinces and cities; Supreme People's Procuracy; Provincial People's Prosecutions; District People's Prosecutions; and other authorities and organizations with competence as provided by law."

2. Amending and supplementing Clause 1, Article 17 as follows:

"Article 17. Competence to implement foreign judicial commissions

1. The competent Vietnamese agencies and organizations to implement foreign judicial commissions include:

a) People's Courts at district level;

b) Civil Enforcement Agencies of provinces and cities in cases where the foreign judicial commission involves civil enforcement;

During the implementation of foreign judicial commissions, District People's Courts, Civil Enforcement Agencies of provinces and cities may request individuals, organizations, and entities to provide evidence and information according to the Civil Procedure Law and the Law on Civil Enforcement."

3. Replacing the phrase "civil enforcement agency at provincial level" with the phrase "civil enforcement agency of province, city" in Point b Clause 2, Article 7, Point b Clause 4, Article 8, and Clause 5, Article 8.

Article 2. Amending and supplementing certain forms attached to the 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 President of the Supreme People's Court on the procedures and formalities for judicial assistance in civil matters

1. Amending and supplementing Form No. 01 attached to this Joint Circular.

2. Amending and supplementing Form No. 02A attached to this Joint Circular.

Article 3. Implementation Provisions

1. This Joint Circular shall take effect from September 1, 2025.

2. The 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 President of the Supreme People's Court on the procedures and formalities for judicial assistance in civil matters shall continue to apply to Vietnamese judicial commissions and foreign judicial commissions established and received before the effective date of this Joint Circular./.