Collect evidence from online testimonies of foreign parties

ANH HUY |

Agencies and competent persons of foreign countries requesting to collect evidence by taking online statements must send written requests to the Ministry of Justice.

The National Assembly has passed the Law on Mutual Legal Assistance in Civil Matters. This Law consists of 4 Chapters, 38 Articles and takes effect from July 1, 2026.

This Law stipulates the principles, authority, order, and procedures for implementing judicial assistance in civil matters between Vietnam and foreign countries; responsibilities of Vietnamese state agencies in judicial assistance in civil matters.

In addition, this Law also applies to Vietnamese agencies, organizations, and individuals, foreign agencies, organizations, and individuals involved in civil judicial assistance between Vietnam and foreign countries.

A noteworthy point in this Law is the collection of evidence by taking online statements from foreign countries.

Accordingly, foreign agencies and competent persons can carry out the collection of evidence by taking online statements from foreign parties headquartered or residing in Vietnam when meeting the following conditions:

Respecting independence, sovereignty, unity and territorial integrity, not interfering in Vietnam's internal affairs. The case is not related to national security, sovereignty, sovereign rights of Vietnam or has complex political elements with Vietnam.

Foreign parties voluntarily participate; information and data security and safety; technology and encryption transmission lines are guaranteed.

Agencies and competent persons of foreign countries requesting to collect evidence by taking online statements must send written requests to the Ministry of Justice, in which they commit to ensuring the conditions specified in this Law.

When receiving the request for regulations of this Law, the Ministry of Justice shall preside over and coordinate with the Supreme People's Court, the Ministry of Foreign Affairs and the Ministry of Public Security to consider and decide on taking online statements from foreign countries.

In case the conditions specified in this Law are not met, the Ministry of Justice has a document refusing the request and stating the reason.

ANH HUY
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