(February,
2026) The
National Assembly of the Socialist Republic of Vietnam officially passed the
Law on Mutual Legal Assistance in Civil Matters on November 26, 2025, which
will take effect from July 1, 2026. By enacting this law, in
conjunction with the adoption of three other laws on judicial affairs,
replacing the
2007 Law on Mutual Legal Assistance, Vietnam has expressed the state's strong commitment
to regulating civil
and criminal relationships
with foreign elements. The Law on Mutual Legal Assistance in Civil Matters
comprises four chapters with 38 articles. It regulates the principles,
authority, and procedures for mutual judicial assistance in civil matters
between Vietnam and other countries, and defines the responsibilities of
Vietnamese agencies. Compared with the 2007 Law on Mutual Legal Assistance, the
Law on Mutual Legal Assistance in Civil Matters introduced several notable new
provisions.
First,
the 2025 Law
on Mutual Legal Assistance in Civil Matters expands the scope of
civil matters
by adding two areas: (i) the provision of documents and extracts of court
judgments and decisions containing information on civil status; and (ii)
the provision of legal
information based on the domestication of international treaties on mutual legal
assistance in civil matters to
which Vietnam
is a signatory. Under article 10 the
2007 Law
on International Mutual Legal Assistance, mutual legal assistance in civil
matters was limited to the service of judicidial documents, summoning of witnesses, and the
collection of evidence.
Accordingly, assistance was
largely confined to evidentiary activities aimed at resolving civil disputes involving foreign elements,
primarily
contractual and non-contractual disputes. The 2025
Law expands the scope to
include civil status registration,
which constitutes a crucial legal basis for the protection of
individual
rights and the State's population management functions. This expansion
provides competent authorities with a more solid legal basis for handling cases involving civil registration - such as birth registration,
marriage registration, guardianship, recognition of parentage, and inheritance.
Second, the
2025 Law on Mutual Legal Assistance in Civil Matters introduces additional
provisions governing the application of foreign law to govern mutual legal
assistance in civil matters. Under Article 3(2) the 2007 Law on Mutual Legal
Assistance, foreign law could be applied to govern mutual legal assistance only
where such application was provided for in treaties to which Vietnam is a
contracting party. In addition to this basis, Article 5(3) the 2025 Law on
Mutual Legal Assistance in Civil Matters provides two further grounds for the
application of foreign law. Accordingly, where Vietnam and a foreign country
are not both parties to an international treaty, or where the international
treaty to which the Socialist Republic of Vietnam is a party does not provide
for the application of foreign law, the application of foreign law shall be
considered provided that the following conditions are met: (i) a competent
authority or person of the foreign country requests in writing the application
of that country's law; (ii) the
application of foreign law does not contravene the principle of mutual legal
assistance in civil matters as stipulated in Article 5 of this Law, and (iii) the consequences of such
application do not contravene the fundamental principles of Vietnamese law.
Third,
Article 3 the 2025 Law on Mutual Legal
Assistance in Civil Matters clarifies the system of
terminology, aiming to ensure consistant understanding. Specifically, Article 3(1) of this Law stipulates
that: “Mutual legal assistance is the cooperation and support between Vietnam and
foreign countries, through competent authorities in Vietnam and competent
authorities in foreign countries, to carry out one or more activities
stipulated in Article 8 of this Law to resolve civil cases, bankruptcy cases,
and civil enforcement cases.”
Moreover, the
2025 Law on Mutual Legal Assistance in Civil Matters allows foreign authorities
to directly perform certain mutual legal assistance activities in civil matters
in comliance with international treaties to which Vietnam is a party and
Vietnamese law. For example, Article
34 of the 2025 Law on Mutual Legal Assistance in Civil Matters provides that
foreign authorities may collect evidence through online questioning of foreign
parties based or residing in Vietnam when follơowing conditions are met: (i)
respect for independence Respect for independence, sovereignty, unity, and
territorial integrity; non-interference in Vietnam's internal affairs. The case
does not involve national security, sovereignty, or sovereign rights of
Vietnam, or have complex political elements for Vietnam; (ii) The foreign party
voluntarily participates; iii) Information and data security, technology, and
encrypted transmission are guaranteed./.
Author: Le Quang Huy,
Department of Private International law, Faculty of International Law, Hanoi
Law University
Subject: New features of
Vietnam's Law on Mutual Legal Assistance in Civil Matters in 2025
Scope: Vietnam
Date: 6th February, 2025