The Government has issued Decree No. 158/2026/ND-CP dated May 15, 2026, detailing several articles and measures for implementing the Law on Mutual Judicial Assistance in Civil Matters.
The decree sets out regulations on procedures, costs, and responsibilities of relevant agencies in carrying out Vietnam’s mutual legal assistance activities in civil matters.
Comprising five chapters and 24 articles, the decree guides dossiers, procedures, and processes for implementing mutual legal assistance in civil matters, as well as state management measures in this field.
The decree applies to Vietnamese and foreign agencies, organizations, and individuals involved in mutual legal assistance in civil matters between Vietnam and other countries.
Under the decree, which will take effect from July 1, 2026, persons obliged to pay actual costs arising from Vietnam’s requests for mutual legal assistance in civil matters include litigants specified in Articles 152 and 153 of the 2015 Civil Procedure Code in cases involving service of procedural documents, collection of evidence for settlement of civil cases, and service of protest, cassation, or retrial decisions.
Agencies, organizations, and individuals requesting enforcement of judgments or decisions under the Law on Civil Judgment Enforcement that result in requests for mutual legal assistance abroad are also required to bear the costs. Civil judgment enforcement agencies must pay the costs in cases where they proactively issue enforcement decisions.
For costs collected by competent foreign authorities, if the amount has already been determined under foreign regulations at the time the dossier is prepared, the obligated party must pay such costs in accordance with Vietnamese law and relevant foreign law.
If the costs have not yet been determined, the obligated party must make an advance payment of VND3 million (about US$114) to the provincial-level civil judgment enforcement agency where the competent Vietnamese authority requesting mutual legal assistance is headquartered.
The decree also specifies conditions for a valid dossier requesting mutual legal assistance in civil matters.
Accordingly, dossiers must contain sufficient documents, copies, and translations as prescribed in Article 17 of the Law on Mutual Judicial Assistance in Civil Matters. Translations must bear authenticated signatures of translators in line with legal regulations.
Requests for mutual legal assistance must be original documents prepared in the form prescribed by the Minister of Justice (MoJ).
Each dossier must be prepared separately for each litigant, address, and scope of mutual legal assistance. Within 20 days of receiving a dossier, the MoJ is responsible for recording and examining its validity.
If the dossier is valid, the ministry will transfer it through the central authority of the requested country under the relevant Hague conventions or international treaties to which Vietnam and the requested country are members, or through diplomatic channels via the Ministry of Foreign Affairs (MoFA).
If the dossier is invalid, the MoJ will request competent Vietnamese agencies or individuals to supplement or complete it or return it with a clear explanation of the reasons. The MoFA must transfer dossiers received from the MoJ to Vietnamese representative missions abroad within five working days, while the missions are required to forward them to competent foreign authorities within another five working days.
