The National Assembly has passed the Law on Mutual Legal Assistance in Civil Matters. This Law 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.
Regarding the summons and protection of witnesses and appraisers, this Law clearly stipulates that competent civil procedural agencies of Vietnam and foreign countries can summon witnesses and appraisers in accordance with the provisions of this Law and international treaties to which the Socialist Republic of Vietnam is a member.
The summons must clearly state the conditions for testimony and examination; commit to ensuring the safety of life, health, living and travel conditions, and paying expenses for witnesses and examiners summoned to the requested country.
At the same time, commit to not prosecuting criminal liability, temporary detention, temporary custody, or arrest for criminal judgment enforcement or restricting personal freedom for witnesses and forensic experts on the territory of the requested country for the following reasons before coming to the requested country. Specifically, such as providing testimonies, professional conclusions on the case in which that person is summoned; committing a crime in the requested country.
Having a relationship with a subject under investigation, prosecution, or criminal trial in the requested country; being related to another civil or administrative case in the requested country.
Also according to this Law, the agency requesting judicial assistance in civil matters shall coordinate with other competent agencies to create favorable conditions for entry and exit in accordance with the law of their country for witnesses and appraisers.
Regarding the right not to be prosecuted for criminal liability, temporary detention, temporary custody, arrest for execution of criminal judgments or restriction of personal freedom of witnesses, appraisers terminate if that person does not leave Vietnam after 15 days from the date of receiving a written notice from a competent authority of Vietnam about not needing them to be present in Vietnamese territory.
This deadline does not include the time when the witness or appraiser cannot leave Vietnam for force majeure reasons.
