📋 Tender Overview
The draft Law on Mutual Legal Assistance in Civil Matters being developed has many new regulations compared to the current Law on Mutual Legal Assistance, notably adding the application of foreign laws. This represents an important step in institutionalizing the policy of strengthening international cooperation in the civil sector. The draft Law on Mutual Legal Assistance in Civil Matters that is being developed has many new regulations, notably adding the application of foreign laws. Illustration photo Many notable new regulations in the draft Law Representative of the Department of International Law, Ministry of Justice said that the Project Law on Mutual Legal Assistance in Civil Matters (Law on Civil Procedures) is one of four Law projects built on the basis of separating the current Law on Mutual Legal Assistance. According to Resolution No. 129/2024/QH15 dated June 8, 2023 of the National Assembly on the Program for developing laws and ordinances in 2025, adjusting the Program for developing laws and ordinances in 2024, the Law project was commented on by the XV National Assembly at the 9th Session and will be approved at the 10th Session. The Ministry of Justice is assigned the task of presiding over helping the Government submit this Law project. After receiving comments from National Assembly Delegates, National Assembly Delegation, Ethnic Council and National Assembly Committees, the draft Law was submitted to the 15th National Assembly for approval, including 04 Chapters and 38 Articles. The Draft Law has institutionalized the policies proposed to develop approved laws, stipulating the order and procedures for implementing Vietnams Civil Procedure Procedures requirements and foreign administrative procedures requirements, and the responsibilities of the Ministry of Justice and relevant ministries, branches and agencies in this work. Compared to the provisions on civil procedure procedures of the current Law on Mutual Legal Assistance, the Draft Law has many notable new regulations. Specifically, expand the scope of civil status information, thereby adding the scope of providing documents, judgments, and court decisions with information on civil status; Providing legal information on the basis of internal legalization of international TTTPDS treaties to which Vietnam is a member. The draft also adds an explanation of terms used in the Law on Civil Procedure Procedures, to ensure uniform understanding. Supplement regulations on conditions for applying foreign law in cases where there is no international treaty, or no international treaty stipulates it. Apply information technology to reduce the time for transferring information request requests and improve implementation efficiency. Expanding the authority to implement foreign law enforcement procedures to reduce the work load for state agencies. In particular, regulations on the application of foreign laws in civil legal assistance are considered a prominent new feature of the Draft. According to Article 4 of the draft Law, the application of foreign laws in civil legal assistance is carried out in accordance with the provisions of international treaties to which Vietnam is a member. The Ministry of Justice presides over and coordinates with the Supreme Peoples Court, the Ministry of Foreign Affairs and other relevant agencies to consider requests for mutual legal assistance in civil matters that require the application of foreign laws. In cases where Vietnam and a foreign country are not members of an international treaty, or an international treaty to which the Socialist Republic of Vietnam is a member does not stipulate, the application of foreign law will be considered when the following conditions are met: The competent authority or person of the foreign country is applying. Written recommendations on the application of that countrys laws; The application of foreign law does not contravene the principle of mutual legal assistance in civil matters stipulated in Article 5 of this Law and the consequences of the application do not contravene the basic principles of Vietnamese law. Pursuant to the provisions of Points a and b of this Clause and relevant laws, the Ministry of Justice shall preside over and coordinate with the Supreme Peoples Court, the Ministry of Foreign Affairs and other relevant agencies to consider and decide on the application of foreign laws. Receiving and processing requests for mutual legal assistance on civil matters requesting the application of foreign laws shall be carried out in accordance with the provisions of Clause 2, Article 30 of this Law. In principle, the implementation of foreign civil legal assistance requests will be carried out in accordance with the provisions of Clause 2, Article 30 of this Law. In principle, the implementation of foreign civil legal assistance requests will be carried out in accordance with the provisions of Clause 2, Article 30 of this Law. In principle, the implementation of foreign law enforcement requests will be comply with regulations Vietnamese laws. The provisions in Article 4 allowing the application of foreign laws to implement civil procedures demonstrate Vietnams goodwill and cooperation in resolving civil cases with foreign elements. However, to ensure national sovereignty in the field of justice, the application of foreign law is not automatic but needs to fully meet the conditions in Clause 2, and at the same time, the permission to apply foreign law is carefully considered by the Ministry of Justice in coordination with relevant agencies. Contributing to solving problems in criminal justice activities. However, there are still some opinions that the application of foreign law is a big issue, the policy for applying foreign law is outside are There are many different views, so it is necessary to consider this provision in the draft Law. Explaining this, as the agency in charge of developing the Law project, the Ministry of Justice affirmed: Firstly, th
