Decree 158/2026/NĐ-CP Detailing Certain Articles and Measures for Implementing the Civil Mutual Legal Assistance Law No. 102/2025/QH15

 

 

DECREE

Detailed provisions for certain articles and measures to implement

The Civil Mutual Legal Assistance Law

 

Based on the Government Organization Law No. 63/2025/QH15;

Based on the Civil Mutual Legal Assistance Law No. 102/2025/QH15;

Based on the State Budget Law No. 89/2025/QH15;

In accordance with the proposal of the Minister of Justice;

The Government promulgates this Decree to provide detailed provisions for certain articles and measures to implement the Civil Mutual Legal Assistance Law.

 

CHAPTER I
GENERAL PROVISIONS

Article 1. Scope of application

1. Detailed provisions for Articles 11, 12, 17, 19, paragraph 3 of Article 26, Articles 28, 30, and 34 of the Civil Mutual Legal Assistance Law.

2. Measures for state management in the field of civil mutual legal assistance.

Article 2. Applicability

This Decree applies to Vietnamese agencies, organizations, and individuals; foreign agencies, organizations, and individuals related to civil mutual legal assistance between Vietnam and foreign countries.

Article 3. Collection and payment of actual costs for the implementation of civil mutual legal assistance requests by Vietnam

1. The party obligated to pay the actual costs for the implementation of civil mutual legal assistance (the obligor) in Vietnam includes:

a) Parties as defined in Articles 152 and 153 of the Civil Procedure Code 2015 for requests involving service of process, collection of evidence for resolving civil disputes, and service of appeals or review decisions;

b) Agencies, organizations, and individuals who have a request to enforce judgments or decisions under the Enforcement of Civil Judgments Law that give rise to civil mutual legal assistance requests abroad; enforcement agencies in cases where the enforcement agency proactively issues an enforcement decision.

2. The obligor shall directly pay the actual costs for the implementation of civil mutual legal assistance requests in Vietnam to the service provider.

3. For actual costs for the implementation of civil mutual legal assistance requests by Vietnam collected by foreign competent authorities:

a) Where the actual costs for the implementation of civil mutual legal assistance requests by Vietnam have been determined according to the provisions of the foreign side at the time of filing, the obligor shall pay such costs to the foreign competent authority in accordance with the laws of Vietnam and the relevant foreign law.

b) Where the actual costs for the implementation of civil mutual legal assistance requests by Vietnam have not yet been determined at the time of filing, the obligor shall make a provisional payment of 3 million Vietnamese dong to the provincial or municipal enforcement agency where the competent authority requesting civil mutual legal assistance from Vietnam is located. The enforcement agency will use this provisional amount to pay the actual costs for the implementation of civil mutual legal assistance requests by Vietnam as required by the foreign competent authority and related expenses for transferring funds abroad.

4. The Minister of Justice shall specify in detail the procedures for collecting and paying the actual costs for the implementation of civil mutual legal assistance requests by Vietnam.

Article 4. Payment of Actual Costs for the Execution of Foreign Civil Judicial Assistance Requests

2. The Minister of Justice shall specify in detail the procedures for collecting and paying actual costs for the execution of foreign civil judicial assistance requests.

Article 5. Expenditure for Civil Judicial Assistance Activities from State Budget Sources

1. Expenditures for civil judicial assistance activities from state budget sources include:

a) Expenses for managing civil judicial assistance;

b) Postal service fees for serving documents from foreign entities;

c) Costs of executing civil judicial assistance in cases where the state organ is obligated to pay.

2. The Minister of Finance shall specify in detail the procedures for preparing budget estimates, managing, utilizing, and finalizing financial expenditures for civil judicial assistance activities.

Chapter II

CIVIL JUDICIAL ASSISTANCE REQUESTS FROM VIETNAM
Article 6. Validity Conditions of Vietnam's Civil Judicial Assistance Request
1. The request must contain all required components, in the correct quantity, and be accompanied by a certified translation as specified in Article 17 of the Civil Judicial Assistance Law; the translation must bear the signature of an authorized translator as prescribed by law.

2. The civil judicial assistance request from Vietnam must be the original document, prepared according to the format prescribed by the Minister of Justice.

3. Documents specified in points b and d of paragraph 1, point b of paragraph 2 of Article 17 of the Civil Judicial Assistance Law are either originals or copies. For documents not issued or certified by an authorized body, the competent authority preparing the file must compare the copy with the original and affix a certification stamp.

4. The file must be prepared separately for each party, address, and scope of civil judicial assistance.

Article 7. Receipt and Dispatch of Vietnam's Civil Judicial Assistance Request at the Ministry of Justice

Within twenty days from the date of receipt of Vietnam's civil judicial assistance request, the Ministry of Justice shall enter the file in its records, verify the validity conditions as per Article 6 of this Decree, and perform the following tasks:

1. If the file is valid, one of the following procedures will be carried out:

a) Transfer the file through the central authority of the requested country under the 1965 Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (the Service Convention), the 1970 Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, or to an authorized body of a foreign entity according to international treaty provisions under which the Socialist Republic of Vietnam is a party;

b) Transfer the file to the Ministry of Foreign Affairs for dispatch through diplomatic channels as per point a of paragraph 2 of Article 19 of the Civil Judicial Assistance Law.

2. If the file is invalid, the Ministry of Justice shall request the competent authority or individual in Vietnam to supplement and complete the file according to point b of paragraph 2 of Article 19 of the Civil Judicial Assistance Law.

3. In cases where the file falls under point c of paragraph 2 of Article 19 of the Civil Judicial Assistance Law, the Ministry of Justice shall return the file to the competent authority or individual in Vietnam who submitted it and specify the reasons for rejection.

2. In case the file is not valid, the Ministry of Justice requests the competent authority of Vietnam to supplement and complete the file in accordance with point b clause 2 Article 19 of the Civil Mutual Legal Assistance Law.

3. In case the file falls under the provisions of point c clause 2 Article 19 of the Civil Mutual Legal Assistance Law, the Ministry of Justice returns the file to the competent authority of Vietnam that submitted it and specifies the reasons.

Article 8. Receipt and Forwarding of Civil Judicial Assistance Requests from Vietnam to the Ministry of Foreign Affairs and Vietnamese Missions Abroad

1. The Ministry of Foreign Affairs shall register civil judicial assistance requests received from Vietnam and forward them to the Vietnamese mission abroad within five working days from the date of receipt of such requests transferred by the Ministry of Justice.

2. The Vietnamese mission abroad shall register civil judicial assistance requests received from Vietnam and forward them to the competent authority of the foreign country within five working days from the date of receipt of such requests.

Article 9. Notification of Results and Progress of Civil Judicial Assistance Requests from Vietnam

1. Within five working days from the date of receipt of the results of the execution of a civil judicial assistance request by the competent authority of the foreign country and any attached documents (if applicable), the Vietnamese mission abroad shall send a notification of the results of the execution of the civil judicial assistance request and any attached documents (if applicable) to the Ministry of Foreign Affairs.

2. Within five working days from the date of receipt of the notification and any attached documents (if applicable) sent by the Vietnamese mission abroad, the Ministry of Foreign Affairs shall forward such notification and any attached documents (if applicable) to the Ministry of Justice.

3. Within five working days from the date of receipt of the results of the execution of a civil judicial assistance request by the competent authority of the foreign country and any attached documents (if applicable), the Ministry of Justice shall send a notification of the results of the execution of the civil judicial assistance request and any attached documents (if applicable) to the requesting authority that requested civil judicial assistance from Vietnam.

4. In case the competent authority requiring civil judicial assistance from Vietnam requests the Ministry of Justice to request the competent authority of the foreign country to notify about the progress of the execution of the civil judicial assistance request, the forwarding of a request for such notification and the notification of the response by the competent authority of the foreign country shall be carried out in accordance with the provisions of Articles 7, 8, and 9 of this Decree.

Article 10. Processing Results of Civil Judicial Assistance Requests at Authorities Requesting Civil Judicial Assistance from Vietnam

1. The processing of results of civil judicial assistance requests to resolve a civil matter in accordance with the provisions of the Civil Procedure Law.

2. The processing of results of civil judicial assistance requests to enforce a civil judgment in accordance with the provisions of the Enforcement of Civil Judgments Law.

3. The processing of results of civil judicial assistance requests for other purposes in accordance with relevant laws.

Chapter III
IMPLEMENTATION OF FOREIGN CIVIL JUDICIAL ASSISTANCE REQUESTS
Article 11. Validity Conditions of Foreign Civil Judicial Assistance Requests

1. Complies with the provisions on the composition and quantity as stipulated in Article 28 of the Civil Judicial Assistance Law.

2. Accompanied by a Vietnamese translation, which must be certified by a qualified translator's signature according to the laws of Vietnam or the foreign country, except where an international treaty to which both the Socialist Republic of Vietnam and the foreign country are parties provides otherwise.

3. Documents specified in points b of paragraph 1 and point b of paragraph 2 of Article 28 of the Civil Judicial Assistance Law are originals or copies.

4. The file must be prepared separately for each party, address, and scope of civil judicial assistance.

4. The file must be established separately for each party, each address, and each scope of civil mutual legal assistance.

Article 12. Receipt and Transfer of Civil Judicial Assistance Requests from Foreign Countries

1. The Ministry of Justice shall receive civil judicial assistance requests from foreign countries in accordance with international agreements on civil judicial assistance to which the Socialist Republic of Vietnam and such country are parties. In case the Ministry of Foreign Affairs receives a civil judicial assistance request from a foreign country, within five working days from the date it has received a complete set of documents, the Ministry of Foreign Affairs shall register the civil judicial assistance request, transfer the documents (if any) to the Ministry of Justice. Where an overseas Vietnamese mission receives a civil judicial assistance request from a foreign country without an overseas Vietnamese mission or where Vietnam and such foreign country have agreed on the receipt and transfer of civil judicial assistance requests through an overseas Vietnamese mission, within five working days from the date it has received a complete set of documents, the overseas Vietnamese mission shall register the civil judicial assistance request, and forward the documents to the Ministry of Foreign Affairs.

2. Within twenty working days from the receipt of a foreign civil judicial assistance request, the Ministry of Justice shall register the civil judicial assistance request, examine and verify its compliance with the provisions set forth in Article 11 of this Decree, refuse to implement the civil judicial assistance request according to the provisions of paragraphs 1 and 2 of Article 27 of the Civil Judicial Assistance Law, and perform one of the following actions:

a) Where the civil judicial assistance request is compliant and does not fall under any refusal to implement civil judicial assistance, the Ministry of Justice shall transfer the request to the competent authority in Vietnam as specified in Article 26 of the Civil Judicial Assistance Law;

b) Where the civil judicial assistance request is non-compliant or falls under a refusal to implement civil judicial assistance, the Ministry of Justice shall return the request or forward it through the Ministry of Foreign Affairs to the competent authority in the foreign country and specify the reasons.

3. In cases where a foreign civil judicial assistance request involves the application of foreign law, the time limit specified in paragraph 2 is sixty working days. During this period, the Ministry of Justice shall take the lead in coordinating with the Supreme People's Court, the Ministry of Foreign Affairs, and other relevant agencies to examine the application for the enforcement of foreign law according to the provisions of paragraphs 2 and 3 of Article 5 of the Civil Judicial Assistance Law. Where the Ministry of Justice seeks written opinions from relevant agencies, such agencies shall respond within ten working days from the date they receive the Ministry's document.

4. Except as provided in paragraph 3 of this article, if deemed necessary, the Ministry of Justice may seek the views of relevant agencies on foreign civil judicial assistance requests. The time for seeking opinions does not count towards the twenty-working-day period specified in paragraph 2 of this article.

Article 13. Procedure and Time Limits for Implementing Foreign Civil Judicial Assistance Requests

1. Except as provided in Articles 15 and 16 of this Decree, within ten working days from the receipt of a foreign civil judicial assistance request, the competent authority in Vietnam shall register the civil judicial assistance request and perform one of the following actions:

a) Proceed with receiving to implement the civil judicial assistance request where the matter falls under its jurisdiction;

b) Return the documents to the Ministry of Justice if the matter does not fall under its jurisdiction;

c) Where additional information or documentation is required, or where implementation of the civil judicial assistance request results in actual costs, within five working days from the date such information or cost has been determined, the competent authority in Vietnam shall notify the relevant foreign authority in writing as provided in Article 14 of this Decree or pay the actual costs.

2. The competent authority in Vietnam may use any of the following methods to implement a foreign civil judicial assistance request:

a) In accordance with the provisions of civil procedural law and similar enforcement procedures for domestic cases;

b) According to the method requested by the relevant authority of the foreign country. Where the Ministry of Justice has decided on the application of foreign law but such method cannot be implemented in practice, the competent authority or person shall immediately inform the Ministry of Justice so that it can respond to the relevant authority or person according to Article 14 of this Decree.

3. The time limit for implementing foreign civil judicial assistance and notifying the results to the Ministry of Justice is ninety working days from the date the competent authority in Vietnam has received a complete set of documents from the Ministry of Justice, except where an international agreement between the Socialist Republic of Vietnam and the foreign country provides otherwise or where the relevant authority in the foreign country makes other requests.

4. Where implementation of a foreign civil judicial assistance request results in actual costs, the competent authority in Vietnam shall only proceed after sufficient payment of such costs has been made.

Article 14. Procedure, Formalities, and Time Limits for Notifying the Results of Execution of Foreign Civil Judicial Assistance Requests

1. Within five working days from the completion of the method specified in Article 13 of this Decree, the competent authority of Vietnam shall send a notification document containing two copies and any attached documents (if applicable) to the Ministry of Justice regarding the results of executing foreign civil judicial assistance requests. The notification document for the execution of foreign civil judicial assistance requests is to be made according to the model form prescribed by the Minister of Justice.

2. Within five working days from the receipt of the notification document from the competent authority, the Ministry of Justice shall send the notification and any attached documents (if applicable) to the competent authority of the requesting foreign country in accordance with international treaty provisions or to the Ministry of Foreign Affairs if the request for civil judicial assistance was submitted through the Ministry of Foreign Affairs.

3. Within five working days from the receipt of the notification and any attached documents (if applicable) from the Ministry of Justice, the Ministry of Foreign Affairs shall forward the results of executing foreign civil judicial assistance requests to the competent authority of the requesting country that has transferred the request to Vietnam.

4. In cases where a competent authority of a foreign country requests notification regarding the execution of a foreign civil judicial assistance request, the procedure for receiving, sending, and responding to such a request shall be carried out as per the procedure for receiving, sending, and notifying about foreign civil judicial assistance requests. The time limit for each competent authority in Vietnam is five working days from the receipt of the notification request.

Article 15. Collection of Evidence by Online Interrogation Measures from Foreign Countries

1. A document requesting collection of evidence by online interrogation measures from foreign countries must include the following contents:

a) The contents specified in Article 18 of the Civil Judicial Assistance Law;

b) The commitments stipulated in Clause 1, Article 34 of the Civil Judicial Assistance Law.

2. The request document and any attached documents (if applicable) must be accompanied by an authenticated or notarized translation into Vietnamese with a valid translator's signature according to Vietnamese or foreign law.

3. Within thirty days from the receipt of the request, the Ministry of Justice shall take the lead in consulting in writing with the Supreme People's Court, the Ministry of Foreign Affairs, and the Ministry of Public Security to examine and decide whether to allow a foreign authority or individual to carry out the request for evidence collection by online interrogation measures as provided in Article 34 of the Civil Judicial Assistance Law.

4. The consulted authorities shall respond in writing within ten days from the receipt of the document from the Ministry of Justice. In case there are differing opinions, the Ministry of Justice shall organize a meeting with relevant authorities to unify their views.

5. If the request for allowing a foreign authority or individual to carry out evidence collection by online interrogation measures is granted, the Ministry of Justice shall issue a notification document to the requesting party. In case the request is denied, the Ministry of Justice shall issue a refusal notice and specify the reasons.

Article 16. Service of Foreign Documents Through Postal Services

1. A business providing postal services shall serve foreign documents in accordance with either the method of service or direct notification as prescribed by civil procedural law and enforcement law, or according to a method requested by an authority or person with jurisdiction from abroad. In case the method requested by the authority or person with jurisdiction from abroad cannot be implemented in practice, the business providing postal services shall immediately inform the Ministry of Justice to respond to the authority or person with jurisdiction from abroad.

2. The Minister of Justice shall specify the procedures and model documents for serving foreign documents.

Chapter IV
RESPONSIBILITIES OF STATE ORGANIZATIONS, ENTITIES, AND INDIVIDUALS INVOLVED IN CIVIL JUDICIAL ASSISTANCE ACTIVITIES
Article 17. Responsibilities of the Ministry of Justice in Civil Judicial Assistance Activities

The Ministry of Justice assists the Government in unified management of civil judicial assistance activities and has the following responsibilities:

1. Fulfilling the central authority's mission in civil judicial assistance activities, serving as a liaison for exchanging legal information and practical experiences on civil judicial assistance with foreign authorities, receiving, processing, monitoring, and urging the implementation of requests for civil judicial assistance, and performing other tasks and powers as prescribed by the Civil Judicial Assistance Law and relevant international treaties to which the Socialist Republic of Vietnam is a party.

2. Taking the lead in coordinating with the Supreme People's Court, the Supreme People's Procuratorate, and related entities to develop and submit to state authorities for issuance legal regulations on civil judicial assistance; issuing such regulations or cooperating with relevant ministries and agencies to issue legal regulations and implementation guidelines in the field of civil judicial assistance, and formulating model documents used in civil judicial assistance.

3. Taking the lead in coordinating with related entities to propose signing and implementing international treaties in the field of civil judicial assistance.

4. Updating language requirements for civil judicial assistance requests, costs, and other relevant regulations from foreign countries on the Ministry of Justice's official website.

5. Taking the lead in coordinating with the Supreme People's Court, the Supreme People's Procuratorate, and related entities to organize legal training within the country and internationally in the field of civil judicial assistance, guiding business operations in civil judicial assistance.

6. Taking the lead in coordinating with related entities to develop, manage, operate, maintain, repair, and upgrade the Civil Judicial Assistance Information System.

7. Taking the lead in coordinating with the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Foreign Affairs, and related entities to organize joint inspections of civil judicial assistance work at people's courts, procuratorates, and enforcement agencies to promptly identify difficulties and obstacles in implementing relevant legal provisions.

8. Taking the lead in coordinating with the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Foreign Affairs, and related entities to organize regular meetings for information exchange, discussion, and decision-making on measures to address difficulties and obstacles in civil judicial assistance activities.

9. Taking the lead in coordinating with the Supreme People's Courts, the Supreme People's Procuratorates, the Ministry of Foreign Affairs, and related entities to summarize and report on civil judicial assistance activities as prescribed by the Civil Judicial Assistance Law.

9. To coordinate with the Supreme People's Courts, the Supreme People's Procuratorates, the Ministry of Foreign Affairs, and relevant agencies in summarizing and reporting on the activities of civil mutual legal assistance in accordance with the provisions of the Civil Mutual Legal Assistance Law.

Article 18. Responsibilities of the Ministry of Foreign Affairs

1. To carry out the transfer and monitoring of requests for judicial assistance in civil matters submitted through the Ministry of Foreign Affairs.

2. To update language requirements, costs, and other relevant regulations of foreign countries regarding judicial assistance in civil matters where Vietnam and that country have not concluded an international agreement on judicial assistance in civil matters, and to provide such information to the Ministry of Justice as provided in Clause 4 of Article 17 of this Decree.

3. To report on the implementation of requests for judicial assistance in civil matters by Vietnam and foreign countries within its jurisdiction to the Ministry of Justice on a regular annual basis or upon request from the Ministry of Justice.

4. To publicly disclose, update contact addresses and points of contact for judicial assistance in civil matters of Vietnamese diplomatic missions abroad on the Ministry of Foreign Affairs' official website.

5. To direct and guide Vietnamese diplomatic missions abroad to receive, transfer requests for judicial assistance in civil matters, and report on the implementation of such assistance according to the provisions of the Civil Judicial Assistance Law and relevant regulatory documents.

6. To perform other tasks as provided by the Civil Judicial Assistance Law and related regulatory documents.

Article 19. Responsibilities of Vietnamese Diplomatic Missions Abroad

Vietnamese diplomatic missions abroad shall receive and transfer requests for judicial assistance in civil matters according to the provisions of the Civil Judicial Assistance Law and relevant regulatory documents.

Article 20. Responsibilities of Commune People's Committees, Police Stations, Village Heads, and Resident Ward Leaders

Commune People's Committees, police stations, village heads, and resident ward leaders in the area where a party to be served is located shall cooperate with postal service companies providing public utility services in the execution of serving foreign documents.

Article 21. Responsibilities of Postal Service Companies Providing Public Utility Services

1. To serve foreign documents according to the provisions of the Civil Judicial Assistance Law, this Decree, and relevant regulatory documents ensuring security, safety, completeness, accuracy, timely delivery, and stability.

2. To report on progress and implementation status of serving foreign documents on a quarterly or annual basis, or as required by the Ministry of Justice.

3. To take the lead in coordinating with the Ministry of Justice to organize training and skill development for personnel responsible for serving foreign documents.

4. To establish, maintain, and operate a document management tracking system for serving foreign documents ensuring standardization, connectivity, data sharing with the Ministry of Justice, and ensuring information security and confidentiality.

Article 22. Responsibilities of Relevant Vietnamese Government Agencies, Organizations, and Individuals in Civil Judicial Assistance Activities

1. To carry out civil judicial assistance according to the provisions of the Civil Judicial Assistance Law, this Decree, and relevant regulatory documents.

2. To inform the party liable for payment of costs related to the execution of requests for civil judicial assistance about the amount and method of payment as provided by the laws on fees and levies and this Decree.

3. To update the Ministry of Justice on the implementation status of foreign requests for civil judicial assistance on a regular annual basis or upon request from the Ministry of Justice.

4. To perform other tasks as provided by the Civil Judicial Assistance Law, this Decree, and relevant regulatory documents.

Article 23. Reporting on Civil Judicial Assistance Work

1. The Ministry of Justice shall take the lead, cooperate with the Ministry of Foreign Affairs, and request the Supreme People's Court and the Supreme People's Procuratorate to cooperate in drafting a Government report on civil judicial assistance work for periodic submission to the National Assembly or upon the National Assembly's request.

2. The Supreme People's Court, Supreme People's Procuratorate, and Ministry of Foreign Affairs shall send a cooperation document to the Ministry of Justice with the following main contents:

a) Data on civil judicial assistance requests received by Vietnam and foreign countries, as well as their implementation results;

b) A general assessment of the implementation status of civil judicial assistance activities within the department or sector;

c) An evaluation of the effectiveness of cooperation among relevant agencies in implementing civil judicial assistance;

d) Recommendations (if any).

Chapter V
CONDITIONS FOR IMPLEMENTATION

Article 24. Effective Date

1. This Decree shall take effect from July 1, 2026.

2. The Decree No. 92/2008/NĐ-CP of the Government, dated August 22, 2008, which detailed and guided the implementation of certain provisions of the Judicial Assistance Law, shall not apply to civil judicial assistance from the effective date of this Decree, except for the provisions specified in paragraph 1 of Article 38 of the Civil Judicial Assistance Law No. 102/2025/QH15.