Joint Circular 13/2025/TTLT-BTP-BNG-TANDTC amend Joint Circular 12/2016/TTLT-BTP-BNG-TANDTC on mutual legal assistance in civil matters

JOINT CIRCULAR

Amending and supplementing a number of articles of Joint Circular No. 12/2016/TTLT-BTP-BNG-TANDTC dated October 19, 2016, of the Minister of Justice, the Minister of Foreign Affairs and the Chief Justice of the Supreme People’s Court, on order and procedures for mutual legal assistance in civil matters

Pursuant to the Law on Promulgation of Legal Documents No. 64/2025/QH15, which was amended and supplemented under Law No. 87/2025/QH15;

Pursuant to the Law on Legal Assistance No. 08/2007/QH12, which was amended and supplemented under the Law Amending and Supplementing a Number of Articles of the Law on Organization of People’s Courts No. 81/2025/QH15;

Pursuant to the Law on Organization of People’s Courts No. 34/2024/QH15, which was amended and supplemented under Law No. 81/2025/QH15; Law on Organization of People’s Procuracies No. 63/2024/QH13, which was amended and supplemented under Law No. 82/2025/QH15;

Pursuant to the Government’s Decree No. 92/2008/ND-CP dated August 22, 2008, detailing and guiding the implementation of a number of articles of the Law on Legal Assistance;

The Minister of Justice, Minister of Foreign Affairs and Chief Justice of the Supreme People’s Court hereby promulgate a Joint Circular amending and supplementing a number of articles of Joint Circular No. 12/2016/TTLT-BTP-BNG-TANDTC dated October 19, 2016, of the Minister of Justice, the Minister of Foreign Affairs and the Chief Justice of the Supreme People’s Court, on order and procedures for mutual legal assistance in civil matters.

Article 1. Amending and supplementing a number of articles of Joint Circular No. 12/2016/TTLT-BTP-BNG-TANDTC dated October 19, 2016, of the Minister of Justice, the Minister of Foreign Affairs and the Chief Justice of the Supreme People’s Court, on order and procedures for mutual legal assistance in civil matters

1. To amend and supplement Clause 10 as follows:

“Article 10. Competence to request judicial mandate of Vietnam

The agencies competent to request judicial mandate of Vietnam include the Supreme People’s Court; provincial-level People’s Courts; regional People’s Courts; provincial-level civil judgment enforcement agencies; the Supreme People’s Procuracy; provincial-level People’s Procuracies; regional People’s Procuracies; and other competent agencies and organizations as prescribed by law.”

2. To amend and supplement Clause 1, Article 17 as follows:

“Article 17. Competence to perform judicial mandates of foreign countries

1. Vietnamese agencies and organizations competent to perform judicial mandates of foreign countries include:

a) Regional People’s Courts;

b) Provincial-level civil judgment enforcement agencies in cases where judicial mandate of competent foreign agencies is related to civil judgment enforcement.

In the course of performing judicial mandates of foreign countries, regional People’s Courts and provincial-level civil judgment enforcement agencies may request agencies, organizations, and individuals to provide evidence and information in accordance with the law on civil procedure and civil judgment enforcement.”

3. To replace the phrase “provincial-level civil judgment enforcement agencies” with the phrase “civil judgment enforcement agencies of provinces and cities” at Point b, Clause 2, Article 7; Point b, Clause 4, Article 8 and Clause 5, Article 8.

Article 2. Amending and supplementing a number of forms promulgated together with Joint Circular No. 12/2016/TTLT-BTP-BNG-TANDTC dated October 19, 2016, of the Minister of Justice, the Minister of Foreign Affairs and the Chief Justice of the Supreme People’s Court, on order and procedures for mutual legal assistance in civil matters

1. To amend and supplement Form No. 01 to this Joint Circular.

2. To amend and supplement Form No. 02A to this Joint Circular.

Article 3. Effect

1.  This Circular takes effect from September 01, 2025.

2. Joint Circular No. 12/2016/TTLT-BTP-BNG-TANDTC dated October 19, 2016, of the Minister of Justice, the Minister of Foreign Affairs and the Chief Justice of the Supreme People’s Court, on order and procedures for mutual legal assistance in civil matters, shall continue to apply to judicial mandates of Vietnam and foreign countries which are made and received before the effective date of this Joint Circular./.