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THE
NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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Law
No. 103/2025/QH15
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Hanoi,
November 26, 2025
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LAW
ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS
Pursuant to the Constitution 2013
of the Socialist Republic of Viet Nam as amended and supplemented by Resolution
No. 203/2025/QH15;
The National Assembly hereby
promulgates the Law on mutual legal assistance in criminal matters.
Chapter I
GENERAL PROVISIONS
Article 1.
Scope
This Law provides for principles,
competence, procedures for mutual legal assistance in criminal matters between
Vietnam and foreign countries; and responsibilities of Vietnamese state
authorities in mutual legal assistance in criminal matters.
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This Law applies to Vietnamese
agencies, organizations and individuals, and foreign agencies, organizations
and individuals involved in mutual legal assistance in criminal matters between
Vietnam and foreign countries.
Article 3.
Interpretation of terms
For the purpose of this Law, the
following terms shall be construed as follows:
1. Mutual legal assistance in
criminal matters means Vietnam and foreign countries, through competent state
authorities, providing assistance to each other in carrying out verification,
investigation, collection of evidence or other activities serving the handling
of criminal matters, criminal cases and enforcement of criminal judgments.
2. Requesting State means a
State that sends a request for mutual legal assistance in criminal matters for
the requested State to consider providing assistance in execution.
3. Requested State means a
State requested to provide mutual legal assistance in criminal matters.
4. Requesting authority means
a competent authority prescribed by law that requests a foreign country to
provide mutual legal assistance in criminal matters for the handling of
criminal matters, criminal cases and enforcement of criminal judgments.
5. Executing authority means
a competent authority prescribed by law that is assigned to execute mutual
legal assistance in criminal matters in Vietnam and foreign countries.
Article 4.
Application of law
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2. Application of foreign law shall
only be carried out in accordance with international treaties to which the
Socialist Republic of Vietnam is a party.
Article 5.
Principles of mutual legal assistance in criminal matters
1. Mutual legal assistance in
criminal matters shall be carried out on the principles of respect for independence,
sovereignty, territorial integrity, non-interference in each other’s internal
affairs, equality and mutual benefit, and in conformity with the Constitution,
Vietnamese law, and relevant international treaties to which the Socialist
Republic of Vietnam is a party.
2. Where Vietnam and a foreign
country are not parties to the same international treaty on mutual legal
assistance in criminal matters, such mutual legal assistance shall be carried
out on the principle of reciprocity, provided that it is not contrary to
Vietnamese law and is consistent with international law and international
practices.
Article 6.
Central authority of the Socialist Republic of Vietnam in mutual legal
assistance in criminal matters
1. The Supreme People’s Procuracy
is the central authority of the Socialist Republic of Vietnam in mutual legal
assistance in criminal matters.
2. The central authority of the
Socialist Republic of Vietnam in mutual legal assistance in criminal matters
shall act as the focal point for information exchange, receipt, transfer,
monitoring and urging the execution of mutual legal assistance in criminal
matters; refuse or postpone the execution of requests for mutual legal
assistance in criminal matters within its competence; coordinate with relevant
authorities in considering and resolving requests for mutual legal assistance
in criminal matters; propose the conclusion, accession to and execution of
international treaties on mutual legal assistance in criminal matters; and
perform other tasks and exercise other powers in accordance with the law on
mutual legal assistance in criminal matters and international treaties to which
the Socialist Republic of Vietnam is a party.
Article 7.
Application of the reciprocity principle in mutual legal assistance in criminal
matters
1. The Supreme People’s Procuracy
shall decide on the receipt and handling of requests for mutual legal
assistance in criminal matters of foreign States and the sending of requests
for mutual legal assistance in criminal matters of Vietnam in accordance with
the reciprocity principle.
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Article 8.
Language of application files for mutual legal assistance in criminal matters
1. Where Vietnam and a foreign
country are parties to the same international treaty on mutual legal assistance
in criminal matters, the language of application files for mutual legal
assistance in criminal matters shall be the language prescribed in such
international treaty.
2. Where Vietnam and a foreign
country are not parties to the same international treaty on mutual legal
assistance in criminal matters, application files for mutual legal assistance
in criminal matters shall be accompanied by a translation into the language of
the requested State or another language accepted by the requested State.
3. The requesting authority of
Vietnam shall translate the documents and materials specified in Clause 1
Article 19 of this Law into the language prescribed in Clauses 1 and 2 of this
Article.
Article 9.
Scope of mutual legal assistance in criminal matters
The scope of mutual legal
assistance in criminal matters includes:
1. Service, delivery and
transmission of procedural documents;
2. Searches and seizures;
3. Confiscation, return and
disposal of exhibits and assets;
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5. Arranging for competent persons
of the requesting State to travel to the requested State to be present during
the execution of mutual legal assistance in criminal matters;
6. Temporary transfer of persons
who are being held in custody or serving prison sentences in the requested State
to the requesting State to support investigation and provide evidence;
7. Taking statements in person,
online, and other forms of collection and provision of evidence;
8. Transfer of criminal
prosecution;
9. Exchange of information;
10. Other forms of assistance.
Article 10.
Exemption from consular legalization
Application files and results of
execution of requests for mutual legal assistance in criminal matters shall be
exempt from consular legalization if they are signed and sealed by competent
persons or authorities of foreign States, unless otherwise provided by an
international treaty to which the Socialist Republic of Vietnam is a party.
Article 11.
Assurance of safety
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a) Such person shall not be subject
to criminal prosecution in the territory of the requesting State for acts
committed before leaving the requested State;
b) Such person shall not be
arrested or subjected to any other measures restricting liberty in the
territory of the requesting State for acts committed before leaving the
requested State, except for the cases specified in Clause 1 Article 35 and
Clause 1 Article 37 of this Law;
c) Such person shall not be
required to provide evidence or support any criminal investigation activities
beyond the scope stated in the request for mutual legal assistance, unless such
person consents.
2. A person who does not consent to
travel to the requesting State to support investigation and provide evidence
shall not be subject to any penalty or coercive measure.
3. A person who consents to travel
to the requesting State to support investigation and provide evidence shall not
be subject to criminal prosecution for his or her statements, except in cases
of false testimony.
4. The rights not to be subject to
criminal prosecution, arrest or restriction of liberty specified at Points a
and b Clause 1 of this Article shall cease if such person fails to leave the
requesting State after the period of 15 days from the date of receipt of
written notification by the competent authority of the requesting State that
the presence of such person in its territory is no longer required. This period
shall not include the time during which such person is unable to leave the
requesting State due to force majeure.
Article 12.
Confidentiality of information and limitation of use
1. Information, materials and
evidence provided by competent authorities shall be used only for the purposes
stated in the request for mutual legal assistance in criminal matters and shall
not be disclosed or transferred to third parties. Where information, materials
and evidence are to be used for purposes other than those stated in the
request, prior written consent of the competent authority of the other State is
required.
2. Information, materials and
evidence provided by competent authorities of the requested State shall be
ensured against distortion, alteration or unlawful disclosure. At the request
of the requesting State or where necessary, competent authorities of the
requested State shall decide on the application of appropriate measures to
ensure confidentiality of information.
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Article 13.
Transfer and receipt of documents, exhibits and assets related to mutual legal
assistance in criminal matters
1. The transfer and receipt of
documents, exhibits and assets related to mutual legal assistance in criminal
matters between the Supreme People’s Procuracy and the requesting authority or
executing authority in Vietnam shall be carried out in accordance with
Vietnamese law.
2. The transfer and receipt of
documents, exhibits and assets related to mutual legal assistance in criminal
matters between the Supreme People’s Procuracy and competent authorities of
foreign States shall be agreed by the parties, in conformity with international
treaties to which both States are parties, Vietnamese law and relevant foreign
law.
Article 14.
Consideration of requests related to the death penalty
1. Where a foreign State requests
Vietnam not to impose the death penalty or not to carry out the death penalty
in order to execute a request for mutual legal assistance in criminal matters,
the Supreme People’s Procuracy shall take charge and cooperate with relevant
agencies in issuing one of the following notifications:
a) A notification that the death
penalty shall not be imposed or shall not be carried out in respect of the
person related to the request for mutual legal assistance in criminal matters,
where such person falls within the cases in which the death penalty is not
imposed or not carried out in accordance with the Criminal Code;
b) A notification that the death
penalty shall not be carried out in respect of the person related to the
request for mutual legal assistance in criminal matters who does not fall
within the case specified at Point a Clause 1 of this Article, after obtaining
the opinion of the President of the Socialist Republic of Vietnam.
2. Where Vietnam requests a foreign
State not to impose the death penalty or not to carry out the death penalty in
order to execute a request for mutual legal assistance in criminal matters, the
Supreme People’s Procuracy shall request the foreign State to provide a written
undertaking on this matter.
3. The Prosecutor General of the
Supreme People’s Procuracy shall take charge and cooperate with the Chief
Justice of the Supreme People’s Court, the Minister of Public Security, the
Minister of National Defense, the Minister of Justice and the Minister of
Foreign Affairs in elaborating this Article.
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1. Where Vietnam and a foreign country
are parties to the same international treaty on mutual legal assistance in
criminal matters, expenses for mutual legal assistance in criminal matters
shall be implemented in accordance with such international treaty.
2. Where Vietnam and a foreign country
are not parties to the same international treaty on mutual legal assistance in
criminal matters and there is no other agreement, expenses for mutual legal
assistance in criminal matters shall be borne by the requested State, except
for the following expenses to be borne by the requesting State:
a) Expenses for bringing persons to
or from, and expenses that such persons may be entitled to during the execution
of requests for mutual legal assistance in criminal matters as specified in
Clauses 4, 5 and 6 Article 9 of this Law;
b) Expenses for officers performing
escort, transfer or accompaniment duties;
c) Expenses for expertise;
d) Expenses for interpretation,
translation and copying of documents;
dd) Expenses for collection of
evidence via video conferencing or other technical means;
e) Other incurred expenses for
which the requested State requests the requesting State to bear.
3. The Government shall elaborate
this Article.
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Funding for mutual legal assistance
in criminal matters shall be ensured by the state budget in accordance with the
law on the state budget and other relevant provisions of law.
Article 17.
Execution of mutual legal assistance in criminal matters between Vietnam and
countries sharing common borders
1. Requesting authorities and
executing authorities of provinces and centrally-affiliated cities sharing
common borders between Vietnam and foreign countries may directly execute
mutual legal assistance in criminal matters in cases specified in international
treaties between Vietnam and foreign countries.
Province-level People’s Procuracies
of provinces and centrally-affiliated cities sharing common borders between
Vietnam and foreign countries shall be responsible for sending and receiving
requests for mutual legal assistance in criminal matters sent by requesting
authorities of such provinces and centrally-affiliated cities; and concurrently
reporting to the Supreme People’s Procuracy for monitoring, coordination of
contacts, urging and performance of management of mutual legal assistance in
criminal matters.
2. Procedures for execution of
mutual legal assistance in criminal matters between Vietnam and countries
sharing common borders as prescribed in this Article shall be carried out
similarly in accordance with the provisions of Chapters II and III of this Law.
Article 18.
Responsibilities of Vietnamese state authorities in mutual legal assistance in
criminal matters
1. The Supreme People’s Procuracy
shall uniformly manage mutual legal assistance in criminal matters nationwide;
report to the National Assembly on mutual legal assistance in criminal matters
in its annual work reports; guide competent authorities in executing mutual
legal assistance in criminal matters; and perform other tasks and exercise
other powers of the central authority of the Socialist Republic of Vietnam in
mutual legal assistance in criminal matters.
2. The Government shall cooperate
with the Supreme People’s Procuracy in performing management of mutual legal
assistance in criminal matters; and direct ministries, ministerial agencies and
Governmental agencies in mutual legal assistance in criminal matters.
3. The Procuracies shall exercise
the right to prosecution and supervise mutual legal assistance in criminal
matters; other competent procedural-conducting authorities, judgment
enforcement authorities and other relevant agencies shall, within the scope of
their tasks and powers, execute mutual legal assistance in criminal matters in
accordance with this Law and other relevant provisions of law.
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4. The Supreme People’s Court,
ministries, ministerial agencies and Governmental agencies shall, within the
scope of their tasks and powers, be responsible for cooperating with the
Supreme People’s Procuracy in performing management of mutual legal assistance
in criminal matters.
Chapter II
REQUESTS FOR MUTUAL
LEGAL ASSISTANCE IN CRIMINAL MATTERS OF VIETNAM
Article 19.
Application files for mutual legal assistance in criminal matters of Vietnam
1. Application files for mutual
legal assistance in criminal matters of Vietnam sent to foreign States shall
include the following documents:
a) The written request for mutual
legal assistance in criminal matters of Vietnam as prescribed in Clause 1
Article 20 of this Law;
b) Other documents, if any.
2. Application files for mutual
legal assistance in criminal matters of Vietnam shall be prepared in 3 sets,
unless otherwise agreed. The language used for preparing application files
shall comply with the provisions of Article 8 of this Law.
Article 20.
Written requests for mutual legal assistance in criminal matters of Vietnam
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a) Name of the requesting
authority;
b) Legal grounds for making the
request;
c) Name of the central authority of
the requested State;
d) Name and address of individuals
or organizations related to the request;
dd) Purpose of the request;
e) Information on criminal matters,
criminal cases and enforcement of criminal judgments;
g) Provisions of Vietnamese law on
criminal charges and penalties that may be applied;
h) Contents for which assistance
from the foreign State is requested;
i) Time limit for notification of
the results of execution of the request, if any;
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2. The Prosecutor General of the
Supreme People’s Procuracy shall elaborate this Article.
Article 21. Making
and sending requests for mutual legal assistance in criminal matters
1. Requesting authorities of
Vietnam include:
a) The central authority of the
Socialist Republic of Vietnam in mutual legal assistance in criminal matters;
b) Investigation agencies;
c) Procuracies;
d) Courts;
dd) Criminal judgment enforcement
agencies and civil judgment enforcement agencies;
e) Other agencies as prescribed by
law.
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3. Within 10 days from the date of
receipt of the application files, the Supreme People’s Procuracy shall register
acceptance and examine the validity of the application files. Where the
application files are valid, the Supreme People’s Procuracy shall send them to
the competent authority of the foreign State in accordance with the
international treaty to which the Socialist Republic of Vietnam is a party, or
transfer them to the Ministry of Foreign Affairs in cases where Vietnam and the
foreign State are not parties to the same international treaty or where the international
treaty to which the Socialist Republic of Vietnam is a party provides for
transmission via diplomatic channels, and concurrently notify the requesting
authority. Where the application files are invalid, the Supreme People’s
Procuracy shall return them to the requesting authority, clearly stating the
reasons and requesting supplementation of information or providing guidance on
re-making the request.
4. Within 5 working days from the
date of receipt of the application files, the Ministry of Foreign Affairs shall
transfer the application files via diplomatic channels to the competent
authority of the foreign State for execution.
5. Where, in accordance with the
international treaty to which the Socialist Republic of Vietnam is a party or
the law of the foreign State, the Supreme People’s Procuracy is required to
directly make a request for mutual legal assistance in criminal matters, the
requesting authority shall be responsible for providing information and
documents to the Supreme People’s Procuracy.
6. After the application files have
been sent to the competent authority of the foreign State, where the requesting
authority determines that requesting the foreign State to execute mutual legal
assistance in criminal matters is no longer necessary, it shall promptly notify
the Supreme People’s Procuracy in writing so that the latter may notify the
competent authority of the foreign State of the termination of the request for
mutual legal assistance in criminal matters.
7. Receipt and transfer of documents
and application files may be carried out in the electronic environment in
accordance with law.
Article 22.
Supplementation of information
1. Upon receipt of a request from
the competent authority of a foreign State for supplementation or clarification
of information related to criminal matters, criminal cases, enforcement of
criminal judgments or other contents in a request for mutual legal assistance
in criminal matters, the Supreme People’s Procuracy shall notify the requesting
authority in writing for execution and specify a time limit. The requesting
authority shall send a written supplementation or clarification of information
to the Supreme People’s Procuracy.
2. Where the competent authority of
a foreign State requests supplementation or clarification of information
related to provisions of Vietnamese law, the Supreme People’s Procuracy shall
provide such information to the competent authority of the foreign State.
3. Where necessary, the Supreme
People’s Procuracy shall take charge and cooperate with the requesting
authority and other relevant agencies in agreeing on the contents of
information to be supplemented or clarified.
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1. Within 5 working days from the
date of receipt of the results of execution of a request for mutual legal
assistance in criminal matters from a foreign State, the Supreme People’s
Procuracy shall send such results to the requesting authority.
2. After receiving the results of
execution of a request for mutual legal assistance in criminal matters, where
the requesting authority considers that the results are unclear or incomplete,
it may request the Supreme People’s Procuracy to request the competent
authority of the foreign State to provide supplementation or clarification.
3. Upon receipt of a request as
prescribed in Clause 2 of this Article, the Supreme People’s Procuracy shall
request the competent authority of the foreign State to supplement or clarify
the results of execution of the request for mutual legal assistance in criminal
matters.
Article 24.
Legal validity of results of execution of requests for mutual legal assistance
in criminal matters
Results of execution of requests
for mutual legal assistance in criminal matters, which are executed in
accordance with this Law and provided by competent authorities of foreign
States, shall have legal validity and shall be considered and used in the
process of handling criminal matters, criminal cases and enforcement of
criminal judgments in accordance with law.
Article 25.
Termination of requests for mutual legal assistance in criminal matters
1. Requests for mutual legal
assistance in criminal matters shall be terminated in the following cases:
a) The requesting authority has
received full results of execution of the request for mutual legal assistance
in criminal matters;
b) The competent authority of a
foreign State issues a written notification that the request for mutual legal
assistance in criminal matters cannot be executed;
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d) The Supreme People’s Procuracy,
the requesting authority and relevant agencies reach consensus on terminating
the request for mutual legal assistance in criminal matters in cases where no
response is received from the foreign State.
2. The Prosecutor General of the
Supreme People’s Procuracy shall take charge and cooperate with the Chief
Justice of the Supreme People’s Court, the Minister of Public Security, the
Minister of National Defense, the Minister of Justice and the Minister of
Foreign Affairs in elaborating this Article.
Article 26.
Requests to foreign States for criminal prosecution
1. For criminal cases involving
foreign offenders who commit crimes in the territory of Vietnam and then flee
abroad and where extradition cannot be carried out, the authority handling the
case shall transfer the case file to the Supreme People’s Procuracy to request
the State where the offender is present or the State of the offender’s
nationality to continue criminal prosecution. When deciding on the transfer of
the case file, the Supreme People’s Procuracy may also transfer exhibits of the
case.
2. The Prosecutor General of the
Supreme People’s Procuracy shall take charge and cooperate with the Chief
Justice of the Supreme People’s Court, the Minister of Public Security, the
Minister of National Defense, the Minister of Justice and the Minister of
Foreign Affairs in elaborating this Article.
Chapter III
REQUESTS FOR MUTUAL
LEGAL ASSISTANCE IN CRIMINAL MATTERS OF FOREIGN STATES
Article 27.
Application files for mutual legal assistance in criminal matters of foreign
States
1. Application files for mutual
legal assistance in criminal matters of foreign States sent to Vietnam shall
include the following documents:
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b) Other documents, if any.
2. Application files for mutual
legal assistance in criminal matters of foreign States shall be prepared in 3
sets, unless otherwise agreed.
The language used for
preparing application files shall comply with the provisions of Article 8 of
this Law.
Article 28.
Written requests for mutual legal assistance in criminal matters of foreign
States
A written request for mutual legal
assistance in criminal matters of a foreign State sent to Vietnam shall contain
the following principal contents:
1. Name of the requesting
authority;
2. Legal grounds for making the
request;
3. Name and address of individuals
or organizations related to the request;
4. Purpose of the request;
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6. Provisions of law of the
requesting State on criminal charges and penalties that may be applied;
7. Contents for which assistance
from Vietnam is requested;
8. Time limit for notification of
results of execution of the request, if any;
9. Request for confidentiality of information,
if any.
Article 29.
Receipt of application files for mutual legal assistance in criminal matters of
foreign States
1. Within 10 days from the date of
receipt of application files from competent authorities of foreign States, the
Supreme People’s Procuracy shall register acceptance and examine the validity
of the application files. Where the application files are valid, the Supreme
People’s Procuracy shall transfer them to the executing authority for
execution. Where the application files are invalid, the Supreme People’s
Procuracy shall return them to the competent authority of the foreign State or
request supplementation of information, clearly stating the reasons.
2. Where an international treaty
between Vietnam and a foreign State provides that requests for mutual legal
assistance in criminal matters may be made in another language, if the
application files have not yet been translated into Vietnamese, the Supreme
People’s Procuracy shall arrange the translation of the application files into
Vietnamese in accordance with law. Within 10 days from the date of receipt of
the translation, the Supreme People’s Procuracy shall process the application
files in accordance with Clause 1 of this Article.
3. Where application files for
mutual legal assistance in criminal matters are sent via other agencies, within
5 working days from the date of receipt of the application files, the receiving
agency shall be responsible for transferring the application files to the
Supreme People’s Procuracy.
4. Receipt and transfer of
documents and application files may be carried out in the electronic
environment in accordance with law.
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1. Requests for mutual legal
assistance in criminal matters of foreign States shall be refused in any of the
following cases:
a) As provided in international
treaties to which the Socialist Republic of Vietnam is a party;
b) Violating the principles
specified in Clause 1 Article 5 of this Law;
c) Causing prejudice to the
sovereignty, national security, national interests or public order of Vietnam;
d) Relating to criminal prosecution
of a person for an act for which such person has been convicted, acquitted, or
granted amnesty or special amnesty in Vietnam;
dd) Relating to criminal acts for
which the statute of limitations for criminal prosecution has expired in
accordance with Vietnamese criminal law;
e) Where there are grounds to
believe that the request for mutual legal assistance in criminal matters is
made for the purpose of prosecuting a person on the grounds of race, religion,
nationality, ethnic origin or political opinions, or that such person may, for
such reasons, be subjected to unfair treatment in the course of criminal
prosecution.
2. Requests for mutual legal
assistance in criminal matters of foreign States may be refused in any of the
following cases:
a) Acts constituting violations of
law but not constituting crimes in accordance with Vietnamese criminal law;
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c) Requests relating to crimes of a
political nature or military matters as provided in international treaties to
which the Socialist Republic of Vietnam is a party.
3. Requests for mutual legal
assistance in criminal matters of foreign States may be postponed in Vietnam
where execution would obstruct the institution of criminal proceedings,
investigation, prosecution, adjudication or enforcement of criminal judgments
in Vietnam.
4. When deciding to refuse or
postpone execution of a request for mutual legal assistance in criminal matters
as prescribed in Clauses 1, 2 and 3 of this Article, the Supreme People’s
Procuracy shall notify the competent authority of the foreign State and clearly
state the reasons.
Article 31.
Execution of requests for mutual legal assistance in criminal matters of
foreign States
1. Executing authorities in Vietnam
include:
a) The central authority of the Socialist
Republic of Vietnam in mutual legal assistance in criminal matters;
b) Investigation agencies;
c) Procuracies;
d) Courts;
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e) Other agencies as prescribed by
law.
2. After executing the request, the
executing authorities specified at Points b, c, d, dd and e Clause 1 of this
Article shall send the results of execution of the request for mutual legal
assistance in criminal matters to the Supreme People’s Procuracy. Within
5 working days from the date of receipt of the results, the Supreme People’s
Procuracy shall send such results to the competent authority of the foreign
State in accordance with the international treaty to which Vietnam and the
foreign State are parties or via diplomatic channels.
3. Where execution of a request for
mutual legal assistance in criminal matters is not possible or where
supplementation of information or documents is required, the executing
authority shall notify the Supreme People’s Procuracy in writing, clearly
stating the reasons for the Supreme People’s Procuracy to notify the competent
authority of the foreign State.
4. The Prosecutor General of the
Supreme People’s Procuracy shall take charge and cooperate with the Chief
Justice of the Supreme People’s Court, the Minister of Public Security, the
Minister of National Defense, the Minister of Justice and the Minister of
Foreign Affairs in elaborating Clause 1 of this Article.
Article 32.
Execution of requests for service, delivery and transmission of summons
1. Where summoning witnesses,
experts or other related persons who are present in Vietnam to travel to the
requesting State, the competent authority of the requesting State shall send a
written request enclosed with a summons, if any, to the Supreme People’s
Procuracy at least 90 days before the date on which such person is required to
be present in the requesting State. In urgent cases, the Supreme People’s
Procuracy may waive this time limit.
2. The Supreme People’s Procuracy
shall transfer the request to the executing authority when all of the following
conditions are satisfied:
a) The request relates to criminal
matters, criminal cases or enforcement of criminal judgments in the requesting
State;
b) There are grounds to believe that
the person to be summoned is present in Vietnam.
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Article 33.
Execution of requests for taking statements online
1. After receiving a request for
taking statements online, the executing authority shall verify information and
the address of the person proposed to give statements online; seek that
person’s opinion on consent or non-consent to participate in the activity of
taking statements online; and notify other related matters.
2. The executing authority shall
notify the opinion of the person proposed to give statements online to the
Supreme People’s Procuracy for notification to the requesting State.
3. Where the person proposed to
give statements online consents and the request for mutual legal assistance in
criminal matters meets Vietnam’s conditions, the Supreme People’s Procuracy
shall notify the requesting State and request the requesting State to provide
information on the time and place for taking statements; expenses for the
person giving statements; composition of participants at the requesting State’s
endpoint; and other necessary information.
Where the person proposed to give
statements online does not consent or consents subject to conditions, the
Supreme People’s Procuracy shall notify the requesting State.
4. Where the requesting State
satisfies the provisions of Clause 3 of this Article, the Supreme People’s
Procuracy shall notify the executing authority to roll out execution.
5. The Prosecutor General of the
Supreme People’s Procuracy shall take charge and cooperate with the Chief
Justice of the Supreme People’s Court, the Minister of Public Security, the
Minister of National Defense, the Minister of Justice and the Minister of
Foreign Affairs in elaborating this Article.
Article 34.
Execution of requests for confiscation, return and disposal of exhibits and
assets
1. Competent authorities of Vietnam
shall apply procedural measures to ensure confiscation, return and disposal of
exhibits and assets related to criminal acts in accordance with the law on
criminal procedure and other relevant provisions of law.
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3. Expenses incurred in the process
of executing requests for mutual legal assistance in criminal matters shall be
deducted prior to conducting negotiations on asset sharing between Vietnam and
the foreign State.
4. In applying this Article, lawful
rights and interests of persons that have related rights and obligations shall
be respected and protected.
5. The Supreme People’s Procuracy
shall take charge and cooperate with relevant agencies in determining incurred
expenses and negotiating asset sharing between Vietnam and the foreign State.
Article 35.
Arranging for persons in Vietnam to travel abroad to support investigation and
provide evidence
1. At the request of the competent
authority of a foreign State, the Supreme People’s Procuracy may arrange for
persons not falling within the cases specified in Article 37 of this Law to
travel abroad to support investigation and provide evidence. Where deemed
necessary, the Supreme People’s Procuracy shall notify the competent authority
of the foreign State to continue applying measures restricting liberty to such
person.
2. After considering the conditions
committed in writing by the competent authority of the foreign State in
accordance with Article 11 of this Law, including assurances of safety of life
and health, accommodation and travel conditions and other necessary conditions,
the Supreme People’s Procuracy shall cooperate with the executing authority to
request the person specified in Clause 1 of this Article to support
investigation or provide evidence in the territory of the foreign State; and
notify such person of safety assurances, accommodation and travel conditions
abroad, allowances or expenses that may be entitled to, and other related
information.
3. The Supreme People’s Procuracy
shall promptly notify the opinion of such person to the competent authority of
the foreign State. Where such person consents, necessary procedures shall be
carried out to arrange for such person to travel abroad to support
investigation and provide evidence.
Article 36.
Arranging for competent persons of foreign States to be present in Vietnam
during execution of requests for mutual legal assistance in criminal matters
Where the competent authority of a
foreign State requests Vietnam to permit competent persons specified in the
request for mutual legal assistance in criminal matters to be present during
execution of the request in Vietnam, the Supreme People’s Procuracy shall seek
opinions from the executing authority; if consenting, the Supreme People’s
Procuracy shall notify the competent authority of the foreign State of the time
and place for execution of the request for mutual legal assistance in criminal
matters; if not consenting or where circumstances arise that may postpone
execution of the request for mutual legal assistance in criminal matters, the
Supreme People’s Procuracy shall notify the competent authority of the foreign
State and clearly state the reasons.
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1. Persons being held in custody or
serving prison sentences in Vietnam may be temporarily transferred to competent
authorities of foreign States to support investigation and provide evidence
abroad. In this case, the Supreme People’s Procuracy shall notify the competent
authority of the foreign State to continue detention of the person temporarily
transferred.
2. Competent authorities of Vietnam
shall only temporarily transfer persons being held in custody or serving prison
sentences as prescribed in Clause 1 of this Article when all of the following
conditions are satisfied:
a) Such person consents to the
temporary transfer to support investigation and provide evidence abroad;
b) There is a written undertaking
by the competent authority of the foreign State to ensure safety in accordance
with Article 11 of this Law, including assurance of safety of life and health,
accommodation and travel conditions, duration, methods of receipt and return,
and other conditions related to the temporary transfer. The return of the
person temporarily transferred to the competent authority of Vietnam shall be
carried out strictly within the committed time limit.
3. The period during which the
person temporarily transferred is escorted and stays abroad shall be counted
toward the period of custody or the period of serving the prison sentence of
such person.
4. Upon expiration of the period of
custody or the period of serving the prison sentence, or where it is deemed
unnecessary to continue detention of the person temporarily transferred, the
Supreme People’s Procuracy shall notify the competent authority of the foreign
State to release such person and ensure the conditions prescribed in Clause 2
Article 35 of this Law for such person.
Where deemed necessary, the Supreme
People’s Procuracy shall notify the competent authority of the foreign State to
apply other measures restricting liberty to the person previously held in
custody who has been released as prescribed in this Clause.
5. In applying Clause 1 of this
Article, procedures, competence, decisions and execution of temporary transfer
shall be carried out similarly to the provisions on extraction and escort of
persons being held in custody or serving prison sentences in accordance with
the law on criminal procedure, enforcement of temporary detention and custody,
enforcement of criminal judgments, and other relevant provisions of law.
6. The Prosecutor General of the
Supreme People’s Procuracy shall take charge and cooperate with the Chief
Justice of the Supreme People’s Court, the Minister of Public Security, the
Minister of National Defense, the Minister of Justice and the Minister of
Foreign Affairs in elaborating this Article.
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1. Upon receipt of application
files from a foreign State requesting continuation of criminal prosecution
against a Vietnamese citizen who has committed a crime abroad and is present in
Vietnam, the Supreme People’s Procuracy shall examine the validity of the
application files and handle them as follows:
a) Transfer them to the
Investigation Agency of the Ministry of Public Security or the Investigation
Agency of the Ministry of National Defense to conduct investigation according
to competence;
b) Transfer them to the
province-level People’s Procuracy of the locality where the person requested
for continuation of criminal prosecution last resided before leaving the
country, or to the competent military procuracy of the military zone, for
continuation of criminal prosecution or for transfer to the investigation
agency at the same level to conduct investigation according to competence.
2. Investigation, prosecution and
adjudication of the cases specified in Clause 1 of this Article shall be
carried out in accordance with Vietnamese law.
3. In the course of handling
requests of foreign States for continuation of criminal prosecution, where
additional information or documents from foreign States are required, the
executing authority shall send a written request to the Supreme People’s Procuracy
for requesting the competent authority of the foreign State to provide
supplementation of information or documents.
Article 39.
Completion of execution of requests for mutual legal assistance in criminal
matters
1. Execution of requests for mutual
legal assistance in criminal matters shall be completed in the following cases:
a) The Supreme People’s Procuracy
notifies the requesting State of the results of execution;
b) The Supreme People’s Procuracy
notifies the requesting State that execution of the request for mutual legal
assistance in criminal matters is not possible;
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2. In the case specified at Point c
Clause 1 of this Article, the Supreme People’s Procuracy shall notify the
executing authority to complete execution of the request for mutual legal
assistance in criminal matters.
Chapter IV
IMPLEMENTATION
PROVISIONS
Article 40.
Amendments to related laws
1. Amendments to a number of articles
of the Criminal Procedure Code No. 101/2015/QH13, as amended by Law No.
02/2021/QH15, Law No. 34/2024/QH15, Law No. 59/2024/QH15 and Law No.
99/2025/QH15, are as follows:
a) Amending Point a Clause 1
Article 148 as follows:
“a) Where judicial expertise has
been solicited or asset valuation has been requested but results are not yet
available; or where a request for mutual legal assistance in criminal matters
has been made to a foreign State but has not yet been completed in accordance
with the Law on mutual legal assistance in criminal matters;”;
b) Amending Clause 3 Article 148 is
as follows:
“3. Where handling of
denunciations, crime reports or petitions for institution of criminal
proceedings is temporarily suspended, judicial expertise and asset valuation
shall continue until results are obtained; mutual legal assistance in criminal
matters shall continue until completion in accordance with the Law on mutual
legal assistance in criminal matters.”;
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“c) Where judicial expertise has
been solicited or asset valuation has been requested but results are not yet
available, or where a request for mutual legal assistance in criminal matters
has been made to a foreign State but has not yet been completed in accordance
with the Law on mutual legal assistance in criminal matters, and the
investigation time limit has expired. In this case, judicial expertise and
asset valuation shall continue until results are obtained; mutual legal
assistance in criminal matters shall continue until completion in accordance
with the Law on mutual legal assistance in criminal matters;”;
d) Amending Point c Clause 1
Article 247 as follows:
“c) Where judicial expertise has
been solicited or asset valuation has been requested but results are not yet
available, or where a request for mutual legal assistance in criminal matters
has been made to a foreign State but has not yet been completed in accordance
with the Law on mutual legal assistance in criminal matters, and the time limit
for deciding on prosecution has expired. In this case, judicial expertise and
asset valuation shall continue until results are obtained; mutual legal
assistance in criminal matters shall continue until completion in accordance
with the Law on mutual legal assistance in criminal matters;”;
dd) Amending Clause 1 Article 443
as follows:
“1. Investigation agencies and
agencies assigned to conduct certain investigation activities shall decide on
temporary suspension of investigation where judicial expertise has been
solicited or asset valuation has been requested but results are not yet
available, or where a request for mutual legal assistance in criminal matters
has been made to a foreign State but has not yet been completed in accordance
with the Law on mutual legal assistance in criminal matters, and the
investigation time limit has expired. In this case, judicial expertise and
asset valuation shall continue until results are obtained; mutual legal
assistance in criminal matters shall continue until completion in accordance
with the Law on mutual legal assistance in criminal matters.”;
e) Replacing the phrase “Law on
mutual legal assistance” with the phrase “Law on mutual legal assistance in
criminal matters” at Point c Clause 3 Article 185;
g) Adding the phrase “persons being
held in custody,” after the phrase “experts,” in Article 496.
2. Replacing the phrase “Law on
mutual legal assistance” with the phrase “Law on mutual legal assistance in
criminal matters” in Clause 4 Article 32 of the Law on Organization of People’s
Procuracies No. 63/2014/QH13, as amended by Law No. 82/2025/QH15.
3. Amending Clause 2 Article 28 of
the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam No.
47/2014/QH13, as amended by Law No. 51/2019/QH14 and Law No. 23/2023/QH15, as
follows:
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Article 41.
Entry into force
1. This Law shall come into force
on July 1, 2026.
2. The Law on Mutual Legal
Assistance No. 08/2007/QH12, as amended by Law No. 81/2025/QH15, ceases to be
effective as of the effective date of this Law, except for the transitional
cases specified in Clause 1 Article 42 of this Law, Article 45 of the Law on
Extradition, Article 48 of the Law on Transfer of Persons Serving Prison
Sentences, and Clause 1 Article 38 of the Law on mutual legal assistance in
civil matters.
Article 42.
Transitional provisions
1. Requests for mutual legal
assistance in criminal matters that are made or received by the Supreme
People’s Procuracy before the effective date of this Law shall continue to be
considered and resolved in accordance with the Law on Mutual Legal Assistance
No. 08/2007/QH12, as amended by Law No. 81/2025/QH15.
2. The provision on “judicial
entrustment” in the criminal field specified in Clause 1 Article 6 of the Law
on Mutual Legal Assistance No. 08/2007/QH12, as amended by Law No.
81/2025/QH15, in current normative legal documents shall be used equivalently
to the provision on “requests for mutual legal assistance in criminal matters”
specified in this Law.
This Law was adopted by the 15th
National Assembly of the Socialist Republic of Vietnam at its 10th session on
November 26, 2025./.
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