The Role of Judicial Delegation in Disputes Involving Foreign Elements in Vietnam
In the context of globalization and international integration, many civil, commercial, and labor relations involve foreign parties or have components carried out abroad. In such cases, judicial delegation becomes an indispensable legal tool for resolving disputes involving foreign elements. The following article provides the latest legal updates and clarifies the role, significance, and application of judicial delegation in Vietnam in international disputes.
1. What is Judicial Delegation & Latest Legal Basis in Vietnam
1.1. Definition of Judicial Delegation
According to the Law on Mutual Legal Assistance 2007, judicial delegation refers to a written request made by a competent authority of Vietnam or a foreign country asking for one or more acts of legal assistance.
Judicial delegation is a form of mutual legal assistance, enabling courts, prosecutors, or disputing parties to conduct procedural activities or gather evidence, serve documents, verify witnesses, or perform expert evaluations—especially when those actions cannot be performed directly by Vietnamese authorities.
1.2. Recent Updates – Joint Circular 13/2025 amending Circular 12/2016
On August 29, 2025, Joint Circular No. 13/2025/TTLT‑BTP‑BNG‑TANDTC was officially issued and became effective on September 1, 2025.
The amendments focus on updating the authority to request judicial delegation in Vietnam. For instance, the term "provincial-level civil judgment enforcement agency" was broadened to "civil judgment enforcement agencies of provinces and cities" to reflect the decentralization of municipalities.
The new circular also clarifies procedures and responsibilities when Vietnam receives judicial delegation requests from foreign jurisdictions.
2. The Role of Judicial Delegation in Disputes Involving Foreign Elements
Judicial delegation is not merely an administrative procedure—it plays a strategic role in international disputes for the following reasons:
2.1. Ensuring Feasibility in Collecting International Evidence
In disputes involving foreign elements, there is often a need to gather evidence, documents, and testimonies from outside Vietnam. Without a judicial delegation mechanism, this can face major obstacles due to differences in language, foreign laws, geographic distance, and jurisdictional authority.
Example: If a defendant is a foreign national residing abroad or evidence is located in another country, Vietnamese authorities must rely on judicial delegation to request evidence or summon witnesses via the competent foreign authority.
2.2. Legitimacy and Legal Validity of Judgments and Decisions
Judicial delegation allows Vietnamese courts to obtain lawful documents and evidence recognized by foreign jurisdictions, enhancing both the enforceability and credibility of their rulings.
Furthermore, using judicial delegation for service of process or evidence collection ensures the rights of involved parties are protected—avoiding issues such as lack of notice or inability to participate in proceedings. Valid service is a core requirement of fair trials.
2.3. Enhancing Efficiency and Reducing Risks in International Litigation
Judicial delegation shortens the time compared to informal or direct approaches. Standardized forms and procedures per Circular 12/2016, as amended by Circular 13/2025, streamline the process and improve transparency.
It also mitigates risks arising from foreign legal discrepancies. If requests are made under international treaties or the principle of reciprocity, they are more likely to be accepted and executed by foreign authorities.
2.4. Supporting Judgment Enforcement and Protecting Litigants’ Rights
Judicial delegation also plays a critical role in the enforcement stage of foreign-related civil judgments—for example, in verifying overseas assets or recovering property abroad.
The updated Circular 13/2025 broadens the definition of enforcement authorities to include centrally governed cities, strengthening litigants' ability to protect their rights and simplifying administrative procedures.
3. Current Challenges & Proposed Solutions
3.1. Practical Difficulties
Lengthy timelines: International judicial delegation requests often face delays due to foreign legal systems, administrative protocols, languages, and procedures. These delays may affect litigation deadlines and cause case backlogs.
High costs: Fees, real expenses, and international transfer charges can become financially burdensome. Estimating and advancing these costs also adds complexity.
Legal discrepancies: Differences between national laws, or the lack of treaties or reciprocity agreements, may result in requests being denied or delayed.
Jurisdictional barriers: In some cases, lower-level authorities lack the power to initiate judicial delegation and must escalate to provincial-level agencies, causing inefficiencies.
3.2. Solutions for Greater Efficiency
Shorten processing time: Establish bilateral/multilateral agreements to simplify administrative steps or use digital platforms to exchange records more swiftly.
Cost support: Set clear and reasonable fee structures; allow quicker advance payments; and consider partial subsidies for parties in financial hardship.
Expand treaty participation: Vietnam should continue signing or joining international conventions on mutual legal assistance, service of process, and evidence gathering to reduce rejection risks.
Training for local authorities: Provincial courts, prosecutors, and enforcement agencies should receive guidance on the new authority structure under Circular 13/2025, and how to prepare multilingual, certified documents.
Utilize international legal counsel: Parties should seek lawyers experienced in cross-border matters to draft requests, monitor progress, and ensure optimal protection of their legal rights.
Conclusion
Judicial delegation is a crucial legal tool in disputes involving foreign elements—it helps obtain evidence, ensures procedural legitimacy, and facilitates enforcement. With the latest reforms under Circular 13/2025, Vietnam continues to improve its legal framework, making mutual legal assistance more efficient and reliable in civil and judgment enforcement matters.
If you are involved in or preparing for a cross-border civil lawsuit and need to gather evidence or serve legal documents abroad, consider using judicial delegation from the outset—identify the proper authority, prepare standardized documents, estimate fees, and monitor the process. Proper planning will minimize risks, save time, and maximize the protection of your legal rights.
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