Luật Tương trợ tư pháp về dân sự 2025

LAW

ON MUTUAL LEGAL ASSISTANCE IN CIVIL MATTERS

Pursuant to the Constitution 2013 of the Socialist Republic of Viet Nam as amended and supplemented by Resolution No. 203/2025/QH15;

The National Assembly promulgates the Law on mutual legal assistance in civil matters.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Law provides for principles, competence, procedures for execution of mutual legal assistance in civil matters between Vietnam and foreign countries; and responsibilities of Vietnamese regulatory agencies in mutual legal assistance in civil matters.

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This Law applies to Vietnamese agencies, organizations and individuals, and foreign agencies, organizations and individuals involved in mutual legal assistance in civil matters between Vietnam and foreign countries.

Article 3. Interpretation of terms

For the purpose of this Law, the following terms shall be construed as follows:

1. Mutual legal assistance in civil matters means cooperation and assistance between Vietnam and foreign countries, through competent agencies and persons of Vietnam and competent agencies and persons of foreign countries, execution of one or several activities prescribed in Article 8 of this Law for settlement of civil cases, bankruptcy matters and enforcement of civil judgments.

2. Requesting State means a State that sends a request for mutual legal assistance in civil matters for the requested State to consider and support execution.

3. Requested State means a State requested to execute a request for mutual legal assistance in civil matters.

4. Request for mutual legal assistance in civil matters of Vietnam means a request by competent agencies or persons of Vietnam for competent agencies or persons of a foreign State to execute mutual legal assistance in civil matters.

5. Request for mutual legal assistance in civil matters of a foreign State means a request by competent agencies or persons of a foreign State for competent agencies of Vietnam to execute mutual legal assistance in civil matters.

6. Documents prescribed in Clause 1 Article 8 of this Law mean documents of civil cases, bankruptcy matters and enforcement of civil judgments that are required to be served in accordance with the law of the requesting State.

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8. Diplomatic channels mean methods for receipt and transfer of requests for mutual legal assistance in civil matters through the Ministry of Foreign Affairs, Vietnamese representative missions abroad, or foreign representative missions in Vietnam.

Article 4. Central authority of Vietnam in mutual legal assistance in civil matters

1. The Ministry of Justice is the central authority of the Socialist Republic of Vietnam in mutual legal assistance in civil matters.

2. The central authority of the Socialist Republic of Vietnam in mutual legal assistance in civil matters shall act as the focal point for information exchange, receipt, transfer, monitoring and urging the execution of mutual legal assistance in civil matters; and perform other tasks and exercise other powers in accordance with this Law and relevant international treaties to which the Socialist Republic of Vietnam is a party.

Article 5. Application of law

1. Mutual legal assistance in civil matters shall be executed in accordance with this Law; where this Law contains no provisions, provisions of the law on civil procedure, the law on bankruptcy, the law on enforcement of civil judgments, and other relevant provisions of Vietnamese law shall apply.

2. Application of foreign law in mutual legal assistance in civil matters shall be executed in accordance with international treaties to which the Socialist Republic of Vietnam is a party.

3. Where Vietnam and a foreign country are not parties to the same international treaty or where the international treaty to which the Socialist Republic of Vietnam is a party contains no provisions, application of foreign law shall be considered when all of the following conditions are satisfied:

a) Competent agencies or persons of the foreign country make a written request for application of the law of that country;

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4. Receipt and handling of requests for mutual legal assistance in civil matters that include a request for application of foreign law shall be executed in accordance with Clause 2 Article 30 of this Law.

Article 6. Principles of mutual legal assistance in civil matters

1. Mutual legal assistance in civil matters shall be executed on the principles of respect for independence, sovereignty, unity and territorial integrity, non-interference in each other’s internal affairs, equality and mutual benefit; assurance of lawful rights and interests of relevant agencies, organizations and individuals; and conformity with the Constitution, Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a party.

2. Where Vietnam and a foreign country are not parties to the same international treaty on mutual legal assistance in civil matters, mutual legal assistance in civil matters shall as a matter of course be executed on the reciprocity principle, unless there are grounds to show that the foreign country does not cooperate in executing requests for mutual legal assistance in civil matters of Vietnam, in which case execution may be refused.

Article 7. Language of application files for mutual legal assistance in civil matters

1. Where Vietnam and a foreign country are parties to the same international treaty on mutual legal assistance in civil matters, the language of application files for mutual legal assistance in civil matters shall be the language prescribed in such international treaty.

2. Where Vietnam and a foreign country are not parties to the same international treaty on mutual legal assistance in civil matters, application files for mutual legal assistance in civil matters shall be accompanied by a translation into the language of the requested State or another language accepted by the requested State.

Article 8. Scope of mutual legal assistance in civil matters

The scope of mutual legal assistance in civil matters between Vietnam and foreign countries includes:

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2. Collection and provision of evidence;

3. Summoning of witnesses and experts;

4. Provision of civil status documents; extraction of judgments and decisions of Courts on civil status;

5. Provision of legal information;

6. Other requests for mutual legal assistance in civil matters.

Article 9. Exemption from consular legalization

Application files and results of mutual legal assistance in civil matters of foreign States shall be exempt from consular legalization if they are signed and sealed by competent authorities or persons of foreign States, unless otherwise provided by an international treaty to which the Socialist Republic of Vietnam is a party.

Article 10. Summoning and protection of witnesses and experts

1. Competent civil procedure-conducting authorities of Vietnam and foreign States may summon witnesses and experts in accordance with this Law and international treaties to which the Socialist Republic of Vietnam is a party.

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a) Provision of witness testimony or professional conclusions for the matter for which such persons are summoned;

b) Commission of crimes in the requesting State;

c) Relationship with persons under criminal investigation, prosecution or adjudication in the requesting State;

d) Involvement in other civil or administrative matters in the requesting State.

3. The authority requesting mutual legal assistance in civil matters shall cooperate with other competent authorities to enable entry and exit in accordance with the law of its State for summoned witnesses and experts.

4. The right not to be subject to criminal prosecution, temporary detention, custody, arrest for enforcement of criminal judgments, or restriction of personal liberty of witnesses and experts shall cease if such persons fail to leave Vietnam after the period of 15 days from the date of receipt of written notification by the competent authority of Vietnam that their presence in the territory of Vietnam is no longer required. This period shall not include the time during which witnesses or experts are unable to leave Vietnam due to force majeure.

Article 11. Expenses for execution of requests for mutual legal assistance in civil matters

1. Expenses for execution of requests for mutual legal assistance in civil matters are amounts paid for execution of mutual legal assistance in civil matters. Vietnam and foreign States may reach agreements on such expenses when concluding international treaties.

2. Expenses for execution of requests for mutual legal assistance in civil matters shall be executed in accordance with international treaties to which the Socialist Republic of Vietnam is a party.

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4. Rates of collection, exemption, reduction, collection, remittance, management and use of charges and fees shall be executed in accordance with the law on charges and fees.

5. The Government shall elaborate this Article.

Article 12. Funding for assurance of mutual legal assistance in civil matters

1. Funding for state management of mutual legal assistance in civil matters, expenses for public postal services for service of foreign documents, and expenses for execution of mutual legal assistance in civil matters in cases where regulatory agencies are obligors shall be ensured by the state budget in accordance with the law on the state budget and other relevant provisions of law.

2. The Government shall elaborate this Article.

Article 13. Information system for mutual legal assistance in civil matters in the electronic environment

1. The information system for mutual legal assistance in civil matters in the electronic environment shall be built, completed and operated to ensure processing and storage of information on mutual legal assistance in civil matters and to ensure information safety and security in accordance with law.

2. The Government shall provide guidance for implementation of this Article.

Article 14. Execution of mutual legal assistance in civil matters between Vietnam and countries sharing common borders

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2. Competent authorities of Vietnam prescribed in Clause 1 of this Article shall report to the Ministry of Justice on execution of mutual legal assistance in civil matters for monitoring, coordination of contacts, urging and performance of management of mutual legal assistance in civil matters.

Article 15. Responsibilities of regulatory agencies in mutual legal assistance in civil matters

1. The Government shall uniformly manage state affairs on mutual legal assistance in civil matters nationwide and annually report to the National Assembly on mutual legal assistance in civil matters.

2. The Ministry of Justice shall be held accountable to the Government for execution of state management of mutual legal assistance in civil matters and shall assist the Government in preparing annual reports to be submitted to the National Assembly on mutual legal assistance in civil matters.

3. The Supreme People’s Court, the Supreme People’s Procuracy, ministries, ministerial agencies, Governmental agencies and other relevant agencies shall, within the scope of their tasks and powers, cooperate with the Ministry of Justice in execution of state management of mutual legal assistance in civil matters in accordance with this Law.

4. The People’s Procuracies shall supervise compliance with law in mutual legal assistance in civil matters in accordance with this Law, the Law on Organization of People’s Procuracies and other relevant laws.

5. Regulatory agencies shall perform tasks of mutual legal assistance in civil matters within the scope of their tasks and powers in accordance with this Law and other relevant provisions of law.

Chapter II

REQUESTS FOR MUTUAL LEGAL ASSISTANCE IN CIVIL MATTERS OF VIETNAM

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Agencies and persons competent to request mutual legal assistance in civil matters of Vietnam include:

1. People’s Courts;

2. People’s Procuracies;

3. Civil judgment enforcement agencies;

4. Other agencies and persons competent in accordance with Vietnamese law.

Article 17. Application files for mutual legal assistance in civil matters of Vietnam

1. Application files for mutual legal assistance in civil matters of Vietnam as prescribed in Clauses 1, 2, 3 and 4 Article 8 of this Law include:

a) Written request for mutual legal assistance in civil matters;

b) Documents enclosed with the written request for mutual legal assistance in civil matters;

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d) Other documents as prescribed by the law of the requested State.

2. Application files for mutual legal assistance in civil matters of Vietnam as prescribed in Clauses 5 and 6 Article 8 of this Law include:

a) Written request for mutual legal assistance in civil matters;

b) Necessary documents for execution of the request, if any.

3. The number of application files for mutual legal assistance in civil matters is 3 sets. When the information system prescribed in Article 13 of this Law is put into operation, the number of application files for mutual legal assistance in civil matters is 2 sets, enclosed with an electronic file.

4. Application files for mutual legal assistance in civil matters sent to the Ministry of Justice shall be enclosed with a translation into the language prescribed in Article 7 of this Law.

5. The Government shall elaborate this Article.

Article 18. Written requests for mutual legal assistance in civil matters of Vietnam

Written requests for mutual legal assistance in civil matters of Vietnam shall contain the following contents:

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2. Name and address of the requesting agency or person;

3. Name and address of the requested agency for execution, if any;

4. Full name and address of the individual; name and address of the agency or organization related to the request;

5. Subject matter of the request for mutual legal assistance in civil matters, clearly stating the purpose, relevant circumstances, citation of applicable legal provisions, methods of execution and time limit for execution.

Article 19. Receipt and handling of requests for mutual legal assistance in civil matters of Vietnam

1. Agencies and persons of Vietnam competent to request competent agencies or persons of foreign States to provide mutual legal assistance in civil matters shall prepare application files in accordance with Article 17 of this Law and send them to the Ministry of Justice.

2. Within 20 days from the date of receipt of the application files, the Ministry of Justice shall examine the validity of the application files and carry out one of the following tasks:

a) Where the application files are valid, the Ministry of Justice shall transfer them to competent agencies or persons of the foreign State in accordance with the international treaty to which the Socialist Republic of Vietnam and the foreign State are parties. Where Vietnam and the foreign State are not parties to the same international treaty, or where the international treaty to which the Socialist Republic of Vietnam and the foreign State are parties provides for transmission via diplomatic channels, transfer shall be made via diplomatic channels;

b) Where the application files are invalid, the Ministry of Justice shall request the competent agency or person of Vietnam to supplement and complete the application files. The time limit for supplementation and completion is 7 working days from the date of receipt of the written request of the Ministry of Justice;

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3. The Government shall elaborate this Article.

Article 20. Receipt and handling of other requests for mutual legal assistance in civil matters of Vietnam

1. Where there are other requests for mutual legal assistance in civil matters as prescribed in Clause 6 Article 8 of this Law, the Ministry of Justice shall exchange views with competent agencies and persons of Vietnam and foreign States to reach agreement on execution in conformity with relevant Vietnamese and foreign law.

2. After the Ministry of Justice reaches agreement on execution of mutual legal assistance in civil matters as prescribed in Clause 1 of this Article, receipt and handling of other requests for mutual legal assistance in civil matters of Vietnam shall be carried out in accordance with Article 19 of this Law.

Article 21. Execution of requests for mutual legal assistance in civil matters of Vietnam

Requests for mutual legal assistance in civil matters of Vietnam shall be executed in accordance with international treaties to which the Socialist Republic of Vietnam is a party. Where Vietnam and the foreign State are not parties to the same international treaty, or where the international treaty to which the Socialist Republic of Vietnam is a party contains no provisions, execution shall comply with the law of the requested State or specific methods proposed by Vietnam and accepted by the requested State.

Article 22. Transmission of requests for mutual legal assistance in civil matters of Vietnam via electronic means

Where the requested State accepts transmission of requests for mutual legal assistance in civil matters via electronic means, the Ministry of Justice shall exchange views with the agency or person receiving the request for mutual legal assistance in civil matters of the foreign State in order to reach agreement on the method of execution.

Article 23. Notification of results of execution of requests for mutual legal assistance in civil matters

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Where the results of mutual legal assistance in civil matters are unclear or incomplete, the competent agency or person of Vietnam may request the Ministry of Justice to send a request to the competent agency or person of the foreign State for clarification or supplementation.

Article 24. Legal validity of results of mutual legal assistance in civil matters

Results of execution of requests for mutual legal assistance in civil matters of Vietnam in accordance with this Law, provided by foreign States, shall be recognized for consideration and use in the course of settlement of civil matters, bankruptcy matters and civil judgment enforcement in accordance with relevant law.

Article 25. Requests of Vietnam for collection of evidence by online testimony-taking

1. Agencies and persons competent to request mutual legal assistance in civil matters may collect evidence by means of online testimony-taking from litigants having their headquarters or residing abroad in accordance with Vietnamese procedural law and the law of the requested State, provided that the litigants voluntarily participate in online testimony-taking.

2. After receiving a response from the requested State agreeing to online testimony-taking as prescribed in Clause 1 of this Article, the Ministry of Justice shall notify in writing the agency or person competent to request mutual legal assistance in civil matters to carry out online testimony-taking. The agency or person competent to request mutual legal assistance in civil matters shall conduct online testimony-taking of the litigants and shall be responsible for ensuring information and data safety and security, as well as encrypted technologies and transmission lines in accordance with law.

Chapter III

REQUESTS FOR MUTUAL LEGAL ASSISTANCE IN CIVIL MATTERS OF FOREIGN STATES

Article 26. Competence to execute requests for mutual legal assistance in civil matters of foreign States

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a) Regional People’s Courts;

b) Province-level civil judgment enforcement agencies;

c) Agencies currently keeping and managing information and documents.

2. Territorial jurisdiction of the agencies prescribed in Clause 1 of this Article shall be determined as follows:

a) The place where the litigant has its headquarters or resides or works;

b) The place where collection and provision of evidence are carried out.

3. Service of foreign documents in mutual legal assistance in civil matters in Vietnam shall be carried out by public postal service providers. The Government shall elaborate this Clause.

Article 27. Refusal or postponement of execution of requests for mutual legal assistance in civil matters of foreign States

1. Requests for mutual legal assistance in civil matters of foreign States shall be refused in the following cases:

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b) Violation of the principles prescribed in Clause 1 Article 6 of this Law;

c) Falling outside the functions of Vietnamese competent agencies.

2. Requests for mutual legal assistance in civil matters of foreign States may be refused in the following case:

a) There are grounds to believe that the foreign State does not cooperate in executing requests for mutual legal assistance in civil matters of Vietnam;

b) Vietnamese law contains no relevant provisions.

3. Requests for mutual legal assistance in civil matters of foreign States may be postponed in Vietnam on the basis of notification from competent agencies responsible for investigation, prosecution, adjudication or judgment enforcement that execution would hinder the processes of investigation, prosecution, adjudication or judgment enforcement in Vietnam.

4. The Ministry of Justice shall take charge and cooperate with the Supreme People’s Court, the Ministry of Foreign Affairs and other relevant agencies in considering and deciding refusal or postponement of execution of requests for mutual legal assistance in civil matters of foreign States, and shall notify the requesting State of the reasons.

Article 28. Application files for mutual legal assistance in civil matters of foreign States

1. Application files for mutual legal assistance in civil matters of foreign States as prescribed in Clauses 1, 2, 3 and 4 Article 8 of this Law include:

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b) Documents enclosed with the written request for mutual legal assistance in civil matters;

c) Documents evidencing payment of expenses for execution of mutual legal assistance in civil matters.

2. Application files for mutual legal assistance in civil matters of foreign States as prescribed in Clauses 5 and 6 Article 8 of this Law include:

a) Written request for mutual legal assistance in civil matters;

b) Necessary documents for execution of the request, if any.

3. The number of application files for mutual legal assistance in civil matters is 2 sets.

4. The Government shall elaborate this Article.

Article 29. Written requests for mutual legal assistance in civil matters of foreign States

Written requests for mutual legal assistance in civil matters of foreign States shall contain the contents as prescribed in Article 18 of this Law.

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1. Within 20 days from the date of receipt of requests for mutual legal assistance in civil matters of foreign States from competent agencies or persons of foreign States or via diplomatic channels, except for the case prescribed in Clause 2 of this Article, the Ministry of Justice shall examine the validity of the application files prescribed in Article 28 of this Law and handle them as follows:

a) Transfer them to competent Vietnamese agencies for execution where the application files are valid;

b) Return the application files to the requesting agency or person where the application files are invalid, enclosed with a written reply clearly stating the reasons.

2. Where a request for mutual legal assistance in civil matters includes a proposal for application of foreign law, within 60 days from the date of receipt of the request, the Ministry of Justice shall examine the validity of the application files, take charge and cooperate with the Supreme People’s Court, the Ministry of Foreign Affairs and other relevant agencies to consider the request for mutual legal assistance in civil matters involving application of foreign law, and handle it as follows:

a) Transfer the application files to competent Vietnamese agencies for execution where the application files are valid and application of foreign law is agreed;

b) Return the application files to the competent agency or person of the foreign State where the application files are invalid or application of foreign law is not agreed, enclosed with a written reply clearly stating the reasons, or notify the Ministry of Foreign Affairs to reply in respect of requests for application of foreign law sent via diplomatic channels.

3. Within 90 days from the date of receipt of requests for mutual legal assistance in civil matters of foreign States, competent Vietnamese agencies shall execute the requests and notify the Ministry of Justice of the results.

4. Within 5 working days from the date of receipt of the written notification of results of execution of mutual legal assistance in civil matters, the Ministry of Justice shall forward such document to the requesting competent agency or person of the foreign State in accordance with the international treaty to which the Socialist Republic of Vietnam and the requesting State are parties, or via diplomatic channels.

5. The Government shall elaborate this Article.

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1. Where foreign States submit other requests for mutual legal assistance in civil matters as prescribed in Clause 6 Article 8 of this Law, the Ministry of Justice shall exchange views with competent agencies or persons of Vietnam and foreign States to reach agreement on execution in conformity with relevant Vietnamese and foreign law.

2. After the Ministry of Justice reaches agreement on execution of mutual legal assistance in civil matters as prescribed in Clause 1 of this Article, receipt and handling of other requests for mutual legal assistance in civil matters of foreign States shall be carried out in accordance with Article 30 of this Law.

Article 32. Execution of requests for mutual legal assistance in civil matters of foreign States

1. Requests for mutual legal assistance in civil matters of foreign States shall be executed in accordance with international treaties to which the Socialist Republic of Vietnam is a party.

2. Where Vietnam and the foreign State are not parties to the same international treaty, or where the international treaty to which the Socialist Republic of Vietnam is a party contains no provisions, execution shall be carried out as follows:

a) In accordance with civil procedural law, bankruptcy law and civil judgment enforcement law, applied similarly to domestic matters;

b) In accordance with the request of the competent agency or person of the foreign State, in conformity with Article 5 of this Law.

Article 33. Receipt of requests for mutual legal assistance in civil matters of foreign States via electronic means

Receipt of requests for mutual legal assistance in civil matters of foreign States via electronic means shall be carried out in accordance with international treaties to which the Socialist Republic of Vietnam is a party. Where Vietnam and the foreign State are not parties to the same international treaty, or where the international treaty to which the Socialist Republic of Vietnam is a party contains no provisions, but the requesting State proposes transmission of requests for mutual legal assistance in civil matters via electronic means, the Ministry of Justice shall reach agreement with the competent agency or person of the foreign State on the method of receipt and transmission of results of execution of requests for mutual legal assistance in civil matters.

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1. Competent agencies or persons of foreign States may collect evidence by means of online testimony-taking from foreign litigants having their headquarters or residing in Vietnam, provided that the following conditions are met:

a) Respect for independence, sovereignty, unity and territorial integrity, and non-interference in the internal affairs of Vietnam. The matter does not involve national security, sovereignty or sovereign rights of Vietnam, and does not contain politically sensitive elements in relation to Vietnam;

b) The foreign litigant voluntarily participates;

c) Information and data safety and security, as well as encrypted technologies and transmission lines, are ensured.

2. Competent agencies or persons of foreign States requesting collection of evidence by means of online testimony-taking shall submit a written request to the Ministry of Justice, including a commitment to ensure the conditions prescribed in Clause 1 of this Article.

3. Upon receipt of the request prescribed in Clause 2 of this Article, the Ministry of Justice shall take charge and cooperate with the Supreme People’s Court, the Ministry of Foreign Affairs and the Ministry of Public Security in considering and deciding on online testimony-taking by foreign States. Where the conditions prescribed in Clause 1 of this Article are not met, the Ministry of Justice shall issue a written refusal of the request, clearly stating the reasons.

4. The Government shall elaborate this Article.

Chapter IV

IMPLEMENTATION PROVISIONS

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Based on socio-economic conditions, needs and execution capacity in each period, the Government shall guide the execution of mutual legal assistance in civil matters of Vietnam and of foreign States via electronic means.

Article 36. Amendments to a number of articles of the Law on Administrative Procedures

Article 370a shall be added before Article 371 in Chapter XXIII Implementation Provisions of the Law on Administrative Procedures No. 93/2015/QH13, as amended by Law No. 55/2019/QH14, Law No. 34/2024/QH15 and Law No. 85/2025/QH15, as follows:

“Article 370a. Mutual legal assistance in administrative procedures

Requests for mutual legal assistance in administrative procedures shall be executed in accordance with the law on mutual legal assistance in civil matters.”.

Article 37. Entry into force

1. This Law shall come into force on July 1, 2026.

2. The Law on Mutual Legal Assistance No. 08/2007/QH12, as amended by Law No. 81/2025/QH15, ceases to be effective as of the effective date of this Law, except for transitional provisions prescribed in Clause 1 Article 38 of this Law, Article 45 of the Law on Extradition, Article 48 of the Law on Transfer of Persons Serving Prison Sentences, and Clause 1 Article 42 of the Law on Mutual Legal Assistance in Criminal Matters.

Article 38. Transitional provisions

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2. The term “judicial entrustment” in the civil field as prescribed in Clause 1 Article 6 of the Law on Mutual Legal Assistance No. 08/2007/QH12, as amended by Law No. 81/2025/QH15, as used in current legal normative documents, shall be used as equivalent to the term “request for mutual legal assistance in civil matters” as prescribed in this Law.

This Law was adopted by the 15th National Assembly of the Socialist Republic of Vietnam at its 10th session on November 26, 2025.

PRESIDENT OF THE NATIONAL ASSEMBLY




Tran Thanh Man