Is it permissible to have international cooperation in execution of criminal judgments between Vietnam and countries that do not have international treaties?

Is it permissible for Vietnam to have international cooperation in execution of criminal judgments with countries that do not have international treaties?

Pursuant to Article 9 of the Law on Execution of Criminal Judgments in 2019 stipulating international cooperation in execution of criminal judgments in Vietnam as follows:

International cooperation in execution of criminal judgments between competent agencies of the Socialist Republic of Vietnam and respective competent agencies of foreign counterparts shall be carried out on the principle of respect for national independence, sovereignty, territorial integrity and non-intervention in one another's internal affairs, equality and mutual benefit, compliance with the Constitution of the Socialist Republic of Vietnam and the fundamental principles of international law to which Vietnam is a signatory.

If Vietnam and a country have not had any international treaty, their international cooperation in execution of criminal judgments shall be carried out in conformity with principle of reciprocity provided not in contravention of the Constitution of Vietnam and in accordance with international law and practices.

As regulations above, if Vietnam and a country have not had any international treaty, the international cooperation in execution of criminal judgments between them shall be carried out in conformity with principle of reciprocity provided not in contravention of the Constitution of Vietnam and in accordance with international law and practices.

What are prohibited acts in the execution of criminal judgments in Vietnam?

Pursuant to Article 10 of the Law on Execution of Criminal Judgments in 2019 stipulating prohibited acts in the execution of criminal judgments in Vietnam as follows:

1. Destroying supervision and detention facilities; destroying and intentionally damaging property of supervision and detention facilities; organizing escape or escaping from supervision and detention places; organizing escape or escaping while being escorted for judgment execution; rescuing inmates, persons serving judicial measures or person being escorted for judgment execution.

2. Failing to abide by decisions to execute criminal judgments; obstructing or resisting the implementation of internal regulations on execution of criminal judgments or decisions or requests of competent authorities or persons in execution of criminal judgments.

3. Organizing, provoking, instigating, involving, enticing, abetting or forcing others to violate the law on execution of criminal judgments; taking revenge on or infringing upon the life, health, honor, dignity and property of persons in charge of executing criminal judgments.

4. Failing to issue decisions to execute criminal judgments; failing to execute decisions to set free persons who are released in accordance with law and other decisions of competent authorities or persons in execution of criminal judgments.

5. Giving, taking, brokering bribes, or causing harassment in execution of criminal judgments.

6. Illegally releasing persons who are in detention, are being escorted for judgment execution; showing irresponsibility in the management, guard and escort for judgment execution resulting in the escape of persons serving a prison sentence, death sentence or expulsion sentence.

7. Abusing positions and powers to request exemption from or reduction of the duration, postponement or suspension of the serving of a sentence, parole, or shortening probation period for ineligible persons; failing to request exemption from or reduction of the duration, postponement or suspension of serving a sentence, parole, or shortening probation period for eligible persons; requesting or failing to request early termination of serving judicial measures, postponement or suspension of serving judicial measures; obstructing sentenced persons or corporate legal entities from exercising the rights as specified in this Law.

8. Torturing and using brutal, inhuman or humiliating treatment or punishment against sentenced persons or persons serving judicial measures.

9. Differentiating, discriminating or infringing upon legitimate rights and interests of sentenced persons or corporate legal entities.

10. Issuing or refusing to issue decisions, certificates or other papers regarding execution of criminal judgments in violation of law.

11. Falsifying dossiers and records related to execution of criminal judgments.

Best regards!