Circular 07/2026/TT-BTP order and procedures for collection and payment of actual expenses, service of foreign documents in mutual legal assistance in civil matters

CIRCULAR

On order and procedures for collection and payment of actual expenses, service of foreign documents and forms used in mutual legal assistance in civil matters

Pursuant to the Law on Mutual Legal Assistance in Civil Matters No. 102/2025/QH15;

Pursuant to the Government’s Decree No. 158/2026/ND-CP detailing a number of articles of, and providing measures for the implementation of, the Law on Mutual Legal Assistance in Civil Matters;

Pursuant to the Government’s Decree No. 09/2026/ND-CP defining the functions, tasks, powers and organizational structure of the Ministry of Justice;

At the proposal of the Director of the Department of International Law and International Investment Dispute Settlement;

The Minister of Justice hereby promulgates the Circular on order and procedures for collection and payment of actual expenses, service of foreign documents and forms used in mutual legal assistance in civil matters.

Article 1. Scope of regulation and subjects of application

1. This Circular prescribes the order and procedures for the collection and payment of actual expenses incurred in the execution of requests for mutual legal assistance in civil matters made by Vietnam and foreign countries; the order and procedures for the service of foreign documents through public postal services; and forms used in mutual legal assistance in civil matters.

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

Article 2. Collection and payment of actual expenses for execution of Vietnam's requests for mutual legal assistance in civil matters

Actual expenses for execution of Vietnam's requests for mutual legal assistance in civil matters (hereinafter referred to as actual expenses) shall be collected and paid as follows:

1. Civil judgment enforcement agencies shall open accounts at commercial banks for the purpose of transferring Vietnam’s actual expenses to competent foreign agencies or persons.

2. Upon receipt of a written document from a competent foreign agency or person regarding actual expenses, the receiving agency shall forward such document to the Vietnamese agency or person competent to request mutual legal assistance in civil matters according to the order and procedures prescribed in Article 9 of the Government’s Decree No. 158/2026/ND-CP detailing a number of articles of, and providing measures for the implementation of, the Law on Mutual Legal Assistance in Civil Matters (hereinafter referred to as Decree No. 158/2026/ND-CP).

3. Within 03 working days from the receipt of the document from the competent foreign agency or person regarding actual expenses, the Vietnamese agency or person competent to request mutual legal assistance in civil matters shall forward such document and notify the civil judgment enforcement agency and the person obligated to make payment.

4. Within 07 working days from the receipt of the notification from the Vietnamese agency or person competent to request mutual legal assistance in civil matters, the civil judgment enforcement agency shall pay the actual expenses to the foreign party as follows:

a) Transfer the funds to the foreign party where the advance payment is sufficient to cover the actual expenses payable to the competent foreign agency or person and the costs of remitting funds abroad;

b) Notify the person obligated to make payment of the outstanding amount and the deadline for additional payment where the advance payment is insufficient to cover the actual expenses payable to the competent foreign agency or person and the costs of remitting funds abroad.

5. Upon expiration of the notification period prescribed at Point b Clause 4 of this Article, if the person obligated to make payment fails to make the additional payment, the civil judgment enforcement agency shall:

a) Transfer the advance payment for actual expenses to the competent foreign agency or person after deducting the costs of remitting funds abroad, where the competent foreign agency or person has already returned the result of Vietnam’s request for mutual legal assistance in civil matters;

b) Re-notify the Vietnamese agency or person competent to request mutual legal assistance in civil matters for handling in accordance with law where the foreign party requires full payment of actual expenses before executing Vietnam’s request for mutual legal assistance in civil matters.

6. After transferring the funds to the foreign party, the civil judgment enforcement agency shall notify the Vietnamese agency or person competent to request mutual legal assistance in civil matters and the person obligated to make payment of the action taken and the remaining balance of the advance payment (if any).

7. Upon completion of the matter resolution, the Vietnamese agency or person competent to request mutual legal assistance in civil matters shall issue a notice or decision:

a) Refunding to the person obligated to pay the remaining balance of the advance payment for actual expenses referred to in Clause 6 of this Article;

b) Refunding the entire advance payment for actual expenses to the person obligated to pay in the following cases: No result of the request for mutual legal assistance in civil matters is received; the request for mutual legal assistance in civil matters cannot be executed because the person obligated to pay fails to make the additional advance payment prescribed at Point b Clause 5 of this Article; or the competent foreign agency or person notifies that no actual expenses will be charged.

8. The civil judgment enforcement agency shall notify the person obligated to pay of the refund of the advance payment for actual expenses in accordance with the notice or decision issued by the competent agency or person specified in Clause 7 of this Article. Where the person obligated to pay fails to collect the refunded amount within the time limit specified in the notice, the civil judgment enforcement agency shall handle the matter in accordance with the law on civil judgment enforcement.

Article 3. Collection and payment of actual expenses for execution of foreign requests for mutual legal assistance in civil matters

1. Where the actual expenses have been determined at the time a competent Vietnamese agency receives a foreign request dossier for mutual legal assistance in civil matters, such agency shall notify the competent foreign agency or person of the payment of the actual expenses.

2. Where the actual expenses have not been determined at the time of receipt of a foreign request dossier for mutual legal assistance in civil matters, within 05 working days from the date the actual expenses are determined, the competent Vietnamese agency executing the foreign request for mutual legal assistance in civil matters shall notify the competent foreign agency or person according to the order and procedures prescribed in Article 14 of Decree No. 158/2026/ND-CP. The notification shall clearly state the amount of the expenses, the method of payment, and the payment deadline, which shall not exceed 60 days from the date of issuance of the notification.

Within 05 working days from the expiration of the deadline specified in the notification, or any other extended deadline requested by the competent foreign agency or person and approved by the Ministry of Justice, if the competent foreign agency or person fails to pay the actual expenses in full, the competent Vietnamese agency executing the foreign request for mutual legal assistance in civil matters shall notify the foreign agency or person of the non-execution of the request and return the dossier.

Article 4. General provisions on the service of foreign documents through public postal services

1. Within 03 working days from the date of receipt of the foreign request for mutual legal assistance in civil matters from the Ministry of Justice, the public postal service provider (postal enterprise) shall receive the dossier and coordinate in checking and counting at the request of the Ministry of Justice.

2. The postal enterprise shall attempt service of documents a maximum of 02 times. Service shall be attempted at different time slots, with an interval of 03 days between attempts, unless otherwise agreed with the addressee. Where the first service is unsuccessful and does not fall within the cases in which a record may be prepared as prescribed in Article 5 and Article 6 of this Circular, an employee of the postal enterprise (postal employee) shall leave a notice requesting the addressee to make contact regarding the next delivery time slot or to collect the documents at the post office, and shall determine the time for the second service if the addressee does not make contact. If service remains unsuccessful after 02 attempts and the case does not fall within the cases in which a record may be prepared as prescribed in Article 5 and Article 6 of this Circular, the postal employee shall prepare a record clearly stating the reason and return the dossier to the Ministry of Justice.

3. Where the competent foreign agency or person requests service by a method other than that prescribed in this Circular, the postal enterprise shall proceed as follows:

a) Service shall be carried out in accordance with the method requested by the competent foreign agency or person where the conditions and capability for implementation are available. Where actual expenses arise in connection with such implementation, the postal enterprise shall notify the Ministry of Justice of the amount and method of payment to request the competent foreign agency or person to make payment. The postal enterprise shall carry out service of the documents only after the competent foreign agency or person has paid the actual expenses.

b) The dossier shall be returned to the Ministry of Justice where the conditions and capability for implementation are not available, and the reasons therefor shall be clearly stated.

4. The time limit for service of foreign documents shall not exceed 20 days from the receipt of the request or from the date on which the competent foreign agency or person has fully paid the actual expenses prescribed at Point a Clause 3 of this Article. Where there are objective reasons, or where service is to be effected in areas with special geographical conditions, remote or isolated areas, or by a method requested by the competent foreign agency or person, the above time limit may be extended but shall not exceed 90 days. In such cases, the postal enterprise shall notify the Ministry of Justice.

5. The result of the service shall be notified to the Ministry of Justice in paper form or by electronic means as requested by the Ministry of Justice, and shall be retained by the postal enterprise for 05 years from the date of completion of the service.

6. During the process of serving documents by the postal enterprise, representatives of villages, residential groups and commune-level public security offices, and commune-level People's Committees shall coordinate in accordance with Article 20 of Decree No. 158/2026/ND-CP and certify the records of service prepared by postal employees.

Article 5. Service of documents to individual addressees

1. A postal employee shall personally deliver the documents to the individual at the requested address and prepare a record in accordance with Form No. 05 in the Appendix to this Circular, in which the addressee shall sign or affix his/her fingerprint.

2. Where the documents cannot be served to the individual at his/her residential address as prescribed in Clause 1 of this Article, the postal employee shall proceed as follows:

a) Where the addressee does not reside at the requested address, the postal employee shall prepare a record in accordance with Form No. 06 in the Appendix to this Circular, clearly stating the reason therefor, with certification by the representative of the village or residential group or commune-level public security office, a witness, or a declaration by the postal employee confirming that the service procedure has been fully carried out, and shall return the dossier to the Ministry of Justice.

b) Where the addressee refuses to receive documents, the postal employee shall prepare a record in accordance with Form No. 06 in the Appendix to this Circular, clearly stating the reason therefor, with certification by the representative of the village or residential group or commune-level public security office, a witness, or a declaration by the postal employee confirming that the service procedure has been fully carried out, and shall return the dossier to the Ministry of Justice.

c) Where the addressee is absent, the postal employee shall prepare a record in accordance with Form No. 05 in the Appendix to this Circular and deliver the documents to a relative having full civil act capacity and residing at the same place as the addressee, or to the representative of the village or residential group, for acknowledgment by signature or fingerprint, and shall require such person to undertake to hand-deliver the documents to the addressee immediately.

d) Where the addressee no longer resides at the requested address and the current place of residence cannot be determined, the postal employee shall prepare a record in accordance with Form No. 06 in the Appendix to this Circular, clearly stating the reason therefor, with certification by the representative of the village or residential group or commune-level public security office, a witness, or a declaration by the postal employee confirming that the service procedure has been fully carried out; concurrently, the postal employee shall carry out the procedure for public posting of the documents at the commune-level People's Committee for a period of 15 days from the date of posting. The notice of public posting shall be prepared in accordance with Form No. 07 in the Appendix to this Circular.

3. Where the documents cannot be served to the individual at his/her workplace as prescribed in Clause 1 of this Article, the postal employee shall proceed as follows:

a) Where the addressee refuses to receive documents, the postal employee shall prepare a record in accordance with Form No. 06 in the Appendix to this Circular, clearly stating the reason therefor, with certification by the representative of the agency or organization at such address, a witness, or a declaration by the postal employee confirming that the service procedure has been fully carried out, and shall return the dossier to the Ministry of Justice.

b) Where the addressee does not work at such address, the postal employee shall prepare a record in accordance with Form No. 06 in the Appendix to this Circular, clearly stating the reason therefor, with certification by the representative of the agency or organization at such address, or a declaration by the postal employee confirming that the service procedure has been fully carried out, and shall return the dossier to the Ministry of Justice.

Article 6. Service of documents to institutional addressees

1. A postal employee shall personally deliver the documents to the addressee that is an agency or organization at the requested address and prepare a record in accordance with Form No. 05 in the Appendix to this Circular. The documents shall be delivered to the at-law representative or the person in charge of receiving documents of such agency or organization, and such person shall acknowledge receipt by signature.

2. Where the agency or organization does not maintain its headquarters or office at the requested address, the postal employee shall prepare a record in accordance with Form No. 06 in the Appendix to this Circular, clearly stating the reason therefor, with certification by the representative of the village or residential group or commune-level public security office, a witness, or a declaration by the postal employee confirming that the service procedure has been fully carried out, and shall return the dossier to the Ministry of Justice.

3. Where the at-law representative or the person in charge of receiving documents of such agency or organization refuses to receive documents, the postal employee shall prepare a record in accordance with Form No. 06 in the Appendix to this Circular, clearly stating the reason therefor, with certification by the representative of the village or residential group or commune-level public security office, a witness, or a declaration by the postal employee confirming that the service procedure has been fully carried out, and shall return the dossier to the Ministry of Justice.

4. Where the agency or organization has relocated its headquarters or office and the current address of its headquarters or office cannot be determined, the postal employee shall prepare a record in accordance with Form No. 06 in the Appendix to this Circular, with certification by the representative of the village or residential group or commune-level public security office, or a declaration by the postal employee confirming that the service procedure has been fully carried out; concurrently, the postal employee shall carry out the procedure for public posting of the documents at the commune-level People's Committee for a period of 15 days from the date of posting. The notice of public posting shall be prepared in accordance with Form No. 07 in the Appendix to this Circular.

5. Where the at-law representative or the person in charge of receiving documents of such agency or organization is absent and the time of return is unknown, the postal employee shall prepare a record in accordance with Form No. 06 in the Appendix to this Circular, clearly stating the reason therefor, with certification by the representative of the village or residential group or commune-level public security office, a witness, or a declaration by the postal employee confirming that the service procedure has been fully carried out; concurrently, the postal employee shall carry out the procedure for public posting of the documents at the commune-level People's Committee for a period of 15 days from the date of posting. The notice of public posting shall be prepared in accordance with Form No. 07 in the Appendix to this Circular.

Article 7. Forms used in mutual legal assistance in civil matters

Forms used in mutual legal assistance in civil matters provided in the Appendix to this Circular include:

1. Form No. 01 Request for mutual legal assistance in civil matters under bilateral agreement or in the absence of a treaty.

2. Form No. 02 Request for mutual legal assistance in civil matters under the Service Convention.

3. Form No. 03 Request for mutual legal assistance in civil matters under the Evidence Convention.

4. Form No. 04 Notice of the result of execution of foreign request for mutual legal assistance in civil matters.

5. Form No. 05 Record of successful service by postal employee.

6. Form No. 06 Record of unsuccessful service by postal employee.

7. Form No. 07 Record of public posting by postal employee.

Article 8. Effect

1. This Circular takes effect from July 01, 2026.

2. Joint Circular No. 12/2016/TTLT-BTP-BNG-TANDTC dated 19 October 2016, of the Minister of Justice, the Minister of Foreign Affairs, and the Chief Justice of the Supreme People's Court, on the order and procedures for mutual legal assistance in civil matters, amended and supplemented under Joint Circular No. 13/2025/TTLT-BTP-BNG-TANDTC, shall not apply to mutual legal assistance in civil matters activities from the effective date of this Circular, except for the cases prescribed in Clause 1 Article 38 of the Law on Mutual Legal Assistance in Civil Matters.

3. Vietnamese agencies and persons competent to request mutual legal assistance in civil matters, competent agencies executing foreign requests for mutual legal assistance in civil matters, and relevant agencies, organizations, and individuals shall implement this Circular.