On November 26, continuing the 10th Session, the National Assembly voted to pass the Law on mutual Legal Assistance for Civil Matters.
The National Assembly conducts a vote of approval in the form of electronic voting. As a result, 429/430 delegates participated in the vote, the National Assembly passed the Law on mutualal Legal Assistance for Civil Matters.
This Law takes effect from July 1, 2026.
Before voting, the National Assembly listened to Chairman of the Law and Justice Committee Hoang Thanh Tung present a Summary Report on a number of major issues in explaining, accepting and revising the draft Law on mutualal Legal Assistance on Civil Matters.
Accordingly, there are opinions suggesting adding the principle of " giving back" in civil judicial assistance.
The National Assembly Standing Committee believes that the draft Law submitted to the National Assembly at the beginning of the 10th Session has indirectly regulated the application of the principle of " give and receive" in civil judicial assistance in Point a, Clause 2, Article 27.
However, this regulation is not really specific, not ensuring consistency and unity with draft laws separated from the current Law on Judicial Assistance.
In response to the opinions of National Assembly deputies, the National Assembly Standing Committee has directed the revision of the draft Law in the direction of adding a provision on the principle of " giving back" in civil judicial assistance between Vietnam and abroad as shown in Clause 2, Article 6 of the draft Law.
This is to ensure flexibility in applying and implementing this principle to ensure maximum protection of the legitimate rights and interests of Vietnamese agencies, organizations and individuals, and promote international cooperation.
Another issue is the inspection of civil judicial assistance activities (Clause 4, Article 15). There are opinions suggesting adding regulations on the authority of the People's Procuracy in prosecuting civil judicial equivalent activities.
The National Assembly Standing Committee found the opinions of National Assembly deputies to be reasonable.
Therefore, this agency has directed the revision of the draft Law in the direction of adding Clause 4, Article 15 regulating the authority of the People's Procuracy to inspect compliance with the law in civil judicial assistance activities.
According to Article 6 of the Law on Civil Judicial Assistance recently passed by the National Assembly, civil Judicial Assistance is implemented on the principle of respect for independence, sovereignty, unity, territorial integrity, and non-interference in each other's internal affairs.
At the same time, equality and mutual benefit, ensuring the legitimate rights and interests of relevant agencies, organizations and individuals, in accordance with the Constitution, laws of Vietnam and international treaties to which the Socialist Republic of Vietnam is a member.
In case Vietnam and foreign countries are not both members of the international treaty on civil judicial assistance, civil judicial assistance will of course be implemented according to the principle of mutual assistance. Unless there is a basis to show that foreign countries do not cooperate in implementing Vietnam's civil judicial assistance request, it can be refused implementation.
