Adhering to the motto "Institutions are the driving force for development," the Hai Phong City People's Committee is decisively directing agencies and units to implement synchronized solutions to perfect policies and laws, aiming for the goal of "double-digit" economic growth. In this roadmap, the standardization of judicial procedures involving foreign elements plays a crucial role in creating a transparent investment and business environment and fostering deep international integration.
Recently, following the direction of the City People's Committee, regarding the implementation of legal documents in the judicial field, the Hai Phong Department of Justice has taken the lead. In coordination with relevant agencies, they have officially launched the implementation of Circular No. 07/2026/TT-BTP dated May 16, 2026, issued by the Minister of Justice. This is a key legal document regulating the order and procedures for collecting and paying actual costs, the service of foreign documents, and standard forms in mutual legal assistance (MLA) in civil matters.
Specifying the Responsibilities of Competent Authorities
According to the requirements of the City People's Committee and guidance from the Department of Justice, competent authorities responsible for preparing MLA request dossiers in civil matters—including People's Courts, People's Procuracies, and Civil Judgment Enforcement agencies at all levels—must thoroughly grasp the new regulations. The focus is on strictly following the procedures for collection, payment, notification, advance payment, and reimbursement of actual costs.
Units must pay close attention to the following:
- Regarding Accounts: Civil Judgment Enforcement (CJE) agencies are responsible for opening accounts at commercial banks to facilitate the transfer of actual costs to foreign parties.
- Regarding Timelines: Within 03 working days of receiving a document regarding costs from abroad, the requesting Vietnamese agency must notify the CJE agency and the person obligated to pay. Within the subsequent 07 working days, the CJE agency must perform the payment to the foreign party if the advance amount is sufficient.
- Risk Management: In cases where the obligated person fails to pay or pays insufficiently after the notification period, the CJE agency will carry out subsequent processing steps, including returning the request dossier according to the prescribed sequence.
Standardizing the System of Mutual Legal Assistance Forms
One of the significant new features of Circular No. 07/2026/TT-BTP is the issuance of a unified system of document templates for various cases. The Department of Justice requests that units use the following forms accurately when preparing dossiers:
- Form No. 01: Applied for requests under bilateral agreements or when no treaty exists between Vietnam and the requested country.
- Form No. 02: Used for requests to serve documents abroad under the 1965 Hague Convention. This form must be completed in English or the language of the requested country.
- Form No. 03: Used for requests to collect evidence under the 1970 Hague Convention.
- Form No. 04: A document for notifying the results of implementing a foreign MLA request in civil matters within Vietnam.
Using the correct forms not only ensures legal compliance but also helps shorten the processing time for dossiers at the Ministry of Justice and foreign competent authorities.
Procedures for Serving Documents via Public Postal Services
To promote administrative reform and the digitalization of processes, the service of foreign documents in Hai Phong will be conducted primarily through public postal services. The Hai Phong City Post Office is assigned the lead role in coordinating the service of documents according to a rigorous process:
- Number of attempts: Postal staff shall attempt service a maximum of 02 times, with each attempt at least 03 days apart.
- Implementation period: A maximum of 20 days from the date of receiving the dossier, except for special cases in remote areas where it may be extended but not exceed 90 days.
- Recording results: All service activities must be recorded in minutes using the prescribed templates: successful service (Form No. 05), unsuccessful service (Form No. 06), or public posting minutes (Form No. 07).
Close Coordination at the Grassroots Level
The City People's Committee emphasizes the role of Commune-level People's Committees and Police in supporting postal enterprises. These agencies are responsible for:
- Verifying information and confirming unsuccessful service minutes when the recipient is no longer at the address or refuses to receive documents.
- Publicly posting documents at the headquarters of the Commune-level People's Committee for a duration of 15 days when the recipient's current residence cannot be determined.
- Ensuring that signing and stamping for confirmation are performed promptly and within the correct authority to serve the notification of international results.
The implementation of Circular No. 07/2026/TT-BTP is not merely a professional task; it is part of the strategy to build an "Enabling, Action-oriented, and Integrity-based Government" in Hai Phong City. The City People's Committee requires the Heads of agencies and units to directly direct, urge, and take responsibility for the results within their respective units.
The Department of Justice will continue to monitor and summarize any obstacles arising during implementation to provide timely advice to the City People's Committee and the Ministry of Justice. Seamless coordination between judicial agencies, the postal system, and local authorities will create a new impetus, contributing to the perfection of institutions and propelling Hai Phong City toward its ambitious economic growth goals in the coming period.