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THE NATIONAL
ASSEMBLY OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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Law No. 100/2025/QH15
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Hanoi, November 26, 2025
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LAW
ON EXTRADITION
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
promulgates the Law on Extradition.
Chapter
I
GENERAL
PROVISIONS
Article
1. Scope
This Law provides for the
principles, competence, conditions, and procedures for extradition between
Vietnam and foreign countries; responsibilities of Vietnamese regulatory
agencies in extradition.
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This Law applies to
Vietnamese agencies, organizations, and individuals, and foreign agencies,
organizations, and individuals involved in extradition 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. Extradition means the
transfer by Vietnam to a foreign country, or by a foreign country to Vietnam,
of a person who has committed a criminal act or a person convicted of a
criminal offense and present in its territory, so that the receiving State may
prosecute that person or enforce a criminal sentence against that person.
2. A person sought for extradition means a person who has committed a criminal act or a person
convicted of a criminal offense in the requesting State where the laws of that
State and of the requested State both define such act as constituting a
criminal offense.
Article
4. Application of law and principles of extradition
1. Extradition shall be carried out in accordance with this
Law; in cases where this Law does not provide otherwise, the provisions of the
laws on criminal procedure, the laws on execution of criminal judgments, and
other relevant provisions of Vietnamese law shall apply.
2. Extradition shall be conducted on the basis of the following
principles:
a) Respect for
independence, sovereignty, and territorial integrity; non-interference in each
other’s internal affairs; equality and mutual benefit; compliance with The
Constitution 2013, the laws of Vietnam, and international treaties to which the
Socialist Republic of Vietnam is a member;
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Article
5. Application of the principle of reciprocity in extradition
1. The principle of reciprocity in extradition shall be applied
when all of the following conditions are met:
a) Compliance with the
principles prescribed in Clause 2 Article 4 of this Law;
b) The competent authority
of the foreign country provides a written commitment to execute requests of
Vietnam in similar cases. Where Vietnam is the requesting State, the Central Authority
of the Socialist Republic of Vietnam for extradition shall provide a written
commitment to apply the principle of reciprocity;
c) Consistency with
practical circumstances and the demand for extradition cooperation between
Vietnam and foreign countries.
2. The Central Authority of the Socialist Republic of Vietnam
for extradition shall decide on the application of the principle of reciprocity
in extradition on the basis of Clause 1 of this Article. Where necessary, the
Central Authority of the Socialist Republic of Vietnam for extradition shall
seek opinions from the Ministry of Foreign Affairs and other relevant agencies
before making a decision.
3. The Government shall elaborate this Article.
Article
6. Central authority of the Socialist Republic of Vietnam for extradition
1. The Ministry of Public Security is the central authority of
the Socialist Republic of Vietnam for extradition.
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Article
7. Cases where a person may be extraditable
1. An extraditable person is a person who has committed a
criminal act for which the laws of Vietnam and of a foreign country prescribe a
term of imprisonment of at least 1 year, life imprisonment, or the death
penalty, or who has been sentenced to imprisonment by a court of the requesting
State with at least 6 months of the sentence remaining to be served.
2. The criminal act of the person provided for in Clause 1 of
this Article is not necessarily required to belong to the same category of
offense or bear the same name of offense, and the constituent elements of the
offense are not necessarily identical under the laws of Vietnam and the laws of
the foreign country.
3. Where a foreign country requests extradition in relation to
a person who has committed multiple criminal acts, each constituting an offense
under the laws of Vietnam and the laws of the foreign country, and at least one
act satisfies the conditions provided for in Clause 1 of this Article, Vietnam
may agree to extradite such person. Where Vietnam is the requesting State, the Ministry of
Public Security shall request the competent authority of the foreign country to
agree to extradition in similar cases.
4. Where the criminal act of the person provided for in Clause
1 of this Article occurred outside the territory of Vietnam, extradition of
that person may be conducted if Vietnamese law defines such act as a criminal
offense.
Article
8. Form and methods of transfer of extradition request dossiers
1. Extradition requests must be made in writing.
2. Extradition request dossiers shall be transmitted through
diplomatic channels or through the Ministry of Public Security. The receipt and transfer of
extradition request dossiers may be carried out electronically in accordance
with the law.
3. The Government shall elaborate this Article.
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1. Where Vietnam and a foreign country are both members of an
international treaty on extradition, the language used in extradition shall be
the language specified in such international treaty.
2. Where Vietnam and a foreign country are not both members of
an international treaty on extradition, the extradition request dossiers and
documents, and requests for provisional arrest in urgent cases prior to the extradition
request must be accompanied by translations into the language of the requested
State, the State requested to conduct provisional arrest in urgent cases prior
to the extradition request, or another language accepted by that State.
3. Vietnamese authorities competent to prepare extradition
requests and authorities competent to prepare requests for provisional arrest
in urgent cases must translate the dossiers and documents into the language
provided for in Clause 1 or Clause 2 of this Article.
4. The Government shall elaborate this Article.
Article
10. Exemption from consular legalization
Extradition request
dossiers and requests for provisional arrest in urgent cases prior to the
extradition request shall be exempt from consular legalization if signed and
sealed by a competent person or authority of the foreign country, unless
otherwise provided by an international treaty to which the Socialist Republic
of Vietnam is a member.
Article
11. Costs for execution of extradition requests
1. Where Vietnam is the requesting State, Vietnam shall bear
the costs of extradition arising from the time of receipt of the extradited
person, unless otherwise agreed.
2. Where Vietnam is the requested State, Vietnam shall bear the
costs of extradition arising up to the time of surrender of the extradited
person, unless otherwise agreed.
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Article
12. Funding for extradition activities
Funding for extradition
activities shall be guaranteed by the state budget in accordance with the law
on the state budget and other relevant laws.
Article
13. Conditional extradition
1. Where a foreign country requests Vietnam to meet certain
conditions in order to agree to extradition, the Ministry of Public Security
shall take charge and cooperate with competent authorities of Vietnam to accept
part or all of such conditions on the basis of compliance with the principles
of extradition provided for in Clause 2 Article 4 of this Law.
2. Where it is necessary to require a foreign country to meet
certain conditions for Vietnam to agree to extradition, the Ministry of Public
Security shall take charge and cooperate with competent authorities of Vietnam
to request the competent authority of the foreign country to accept and commit
to implement such conditions.
3. The Government shall elaborate this Article.
Article
14. Notification related to the death penalty for a person sought for
extradition
1. Where a foreign country requests Vietnam not to impose the
death penalty or not to execute the death penalty against a person sought for
extradition, the Ministry of Public Security shall take charge and cooperate
with relevant ministries and sectors to issue one of the following written
notifications:
a) A notification that the
death penalty will not be imposed or executed against the person sought for
extradition if such person falls within cases where the death penalty is not
imposed or not executed under the Criminal Code;
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2. Where Vietnam requests a foreign country not to execute the
death penalty against a person sought for extradition, the Ministry of Public
Security shall request the foreign country to provide a written commitment on
this matter.
3. The Minister of Public Security shall take charge and
cooperate with the Chief Justice of the Supreme People’s Court, the Procurator
General of the Supreme People’s Procuracy, the Minister of Foreign Affairs, and
heads of other relevant agencies to provide detailed regulations on this
Article.
Article
15. No criminal prosecution or enforcement of sentence for offenses other than
those stated in the extradition request; no extradition to a third State
1. An extradited person shall not be prosecuted or required to
serve a sentence in the requesting State for an offense other than the offense
stated in the extradition request committed before extradition, nor be
extradited to a third State, except in the following cases:
a) The requested State has
previously given written consent. The requested State may request the submission of documents
and information provided for in Articles 19, 20, 21, and 22 of this Law;
b) The extradited person
has not left the territory of the requesting State within 30 days from the date
on which the person was free to leave, unless otherwise provided by an
international treaty to which the Socialist Republic of Vietnam is a member. This period does not
include the time during which the person cannot leave the territory of the
requesting State due to force majeure;
c) The extradited person
voluntarily returns after having left the territory of the requesting State.
2. The Minister of Public Security shall take charge and
cooperate with the Chief Justice of the Supreme People’s Court and the
Procurator General of the Supreme People’s Procuracy to provide detailed
regulations on this Article.
Article
16. Transit of an extradited person
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2. Where transit is permitted, the State requesting transit of
the extradited person shall be responsible for managing that person during transit
through Vietnam and shall bear all transit costs in accordance with Vietnamese
law, unless otherwise agreed.
3. Where transportation is by air and an unscheduled landing
occurs in the territory of Vietnam, the extradited person may be managed in accordance
with Vietnamese law. The management of the extradited person and related costs
shall comply with Clause 2 of this Article.
4. Where Vietnam requests a foreign country to permit the
transit of an extradited person, the Ministry of Public Security shall contact
the foreign country to carry out procedures for requesting transit permission.
5. The Government shall elaborate this Article.
Article
17. Responsibilities of regulatory agencies regarding extradition
1. The Government has the following responsibilities:
a) Exercising unified
state management of extradition;
b) Reporting to the
National Assembly on extradition activities in the annual report on crime
prevention and control and violations of law.
2. The Ministry of Public Security shall be responsible before
the Government for performing state management of extradition.
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3. The Supreme People’s Court and the Supreme People’s
Procuracy shall cooperate with the Ministry of Public Security in performing state
management of extradition.
People’s Courts at all
levels and People’s Procuracies at all levels shall perform tasks relating to
extradition in accordance with this Law and other relevant laws.
4. Ministries, ministerial agencies, and other relevant agencies,
within the scope of their functions and duties, shall perform tasks relating to
extradition in accordance with this Law and other relevant laws; and cooperate
with the Ministry of Public Security in performing state management of
extradition.
Chapter
II
EXTRADITION
FROM FOREIGN COUNTRIES TO VIETNAM
Article
18. Vietnamese authorities competent to prepare extradition requests
1. The Ministry of Public Security, procedural authorities,
authorities responsible for management of execution of criminal judgments, and
authorities responsible for execution of criminal judgments have the competence
to prepare extradition requests for the purpose of criminal prosecution or
enforcement of sentences.
2. The Minister of Public Security shall take charge and cooperate
with the Chief Justice of the Supreme People’s Court and the Procurator General
of the Supreme People’s Procuracy to provide detailed regulations on this
Article.
Article
19. Extradition request dossiers of Vietnam
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a) The request for
extradition provided for in Clause 1 Article 20 of this Law;
b) Accompanying documents
provided for in Article 21 or Article 22 of this Law.
2. The extradition request dossier of Vietnam sent to a foreign
country shall be prepared in 3 sets, unless otherwise agreed. The language used for
preparing application files shall comply with the provisions of Article 9 of
this Law.
Article
20. Request for extradition of Vietnam
1. A request for extradition of Vietnam sent to a foreign
country must contain the following information:
a) Date of preparation of
the request for extradition;
b) Name, address, and
contact information of the authority preparing the request for extradition;
c) Name of the authority
to which the extradition request is addressed;
d) Purpose of the
extradition request;
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e) Summary of the case serving
as the basis for the extradition request;
g) Legal grounds for
institution of the criminal case, initiation of criminal charges against the
accused, prosecution, bringing the case to trial, or enforcement of the
criminal sentence;
h) Information on the
decision or order issued by the competent authority in relation to the person
sought for extradition;
i) Information on the
offense stated in the extradition request and the applicable penalty range
expected to be imposed on the person sought for extradition or the remaining
time the person sought for extradition must serve the sentence; provisions of
the law relating to the offense for which extradition is requested;
k) Requests of Vietnam to
the requested State;
l) Commitments of Vietnam
to the requested State;
m) Other necessary
information (if any).
2. The Government shall elaborate this Article.
Article
21. Documents accompanying the request for extradition for criminal prosecution
of Vietnam
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a) A facial photograph of
the person sought for extradition;
b) Documents identifying
the identity and place of residence of the person sought for extradition;
c) Decisions or orders of
procedural authorities and other competent authorities;
d) Documents proving the
criminal act committed by the person sought for extradition;
dd) Provisions of the law relating to institution
of the criminal case, initiation of criminal charges against the accused,
prosecution, or bringing the case to trial; and other legal provisions
clarifying the extradition request for criminal prosecution;
e) Other necessary
documents (if any).
2. The Government shall elaborate this Article.
Article
22. Documents accompanying the request for extradition for enforcement of a
sentence of Vietnam
1. Documents accompanying the request for extradition for
enforcement of a sentence of Vietnam sent to a foreign country shall include
the following documents:
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b) The judgment rendered
against the person sought for extradition;
c) A written notice on the
remaining time the person sought for extradition must serve the sentence;
d) Provisions of the law
relating to bringing the case to trial and other legal provisions clarifying
the extradition request for enforcement of the sentence;
dd) Other documents (if
any).
2. The Government shall elaborate this Article.
Article
23. Receipt, examination, and transfer of extradition request dossiers and
supplementation of information and documents
1. The authority preparing the extradition request provided for
in Article 18 of this Law shall send the extradition request dossier to the
Ministry of Public Security for examination of its validity in accordance with
Articles 19 and 20 of this Law, except where the authority preparing the
extradition request is the Ministry of Public Security.
2. The Ministry of Public Security shall examine the validity
of the extradition request dossier within 30 days from the date of receipt. The receipt of the
extradition request dossier shall be recorded in the extradition dossier
register. Where
the dossier is valid, the Ministry of Public Security shall transfer it to the
foreign country; where the dossier is invalid, the dossier shall be returned
with written reasons provided.
3. Where a foreign country requests supplementation of
information or documents in the extradition request dossier, the authority
preparing the extradition request shall supplement such information or
documents to respond to the foreign country through the Ministry of Public
Security, unless otherwise agreed.
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Article
24. Receipt and escort of an extradited person from a foreign country to Vietnam
1. After receiving the decision on extradition of the competent
authority of the foreign country, the Ministry of Public Security shall take
charge and cooperate with the Ministry of Foreign Affairs and relevant agencies
in receiving and escorting the extradited person from the foreign country to
Vietnam.
2. The Government shall elaborate this Article.
Article
25. Handling cases where a foreign country refuses the extradition request of
Vietnam
For a case where a foreign
national commits an offense in the territory of Vietnam but flees abroad and
the foreign country refuses the extradition request of Vietnam, the authority
preparing the extradition request shall transfer the case file to the Supreme
People’s Procuracy to request the country where the offender is present or the
country of nationality of the offender to continue criminal prosecution.
Chapter
III
EXTRADITION
FROM VIETNAM TO FOREIGN COUNTRIES
Article
26. Extradition request dossiers of foreign countries
Extradition request
dossiers of foreign countries sent to Vietnam must comply with Articles 8, 9,
10, 19, 20, 21, and 22 of this Law.
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1. The Ministry of Public Security shall enter the extradition
dossier in the extradition register and examine the validity of the extradition
request dossier in accordance with the conditions prescribed in Article 26 of
this Law within 30 days from the date of receipt of the extradition request
dossier of the foreign country. The competent police authority shall verify the location of
the person sought for extradition who is present in Vietnam.
2. Where the extradition request dossier of the foreign country
is invalid, the Ministry of Public Security shall return the dossier to the
foreign country and clearly state the reasons. Where information or documents need clarification or
supplementation, the Ministry of Public Security shall request the competent
authority of the foreign country to supplement them within 60 days from the
date of the request for supplementation. Upon expiry of this time limit, if no supplementary
information or documents are received, the Ministry of Public Security shall
return the dossier to the foreign country and clearly state the reasons.
3. Where the extradition request dossier is valid, the Ministry
of Public Security shall transfer 1 set of the extradition request dossier to
the regional People’s Court where the person sought for extradition resides, is
being held in temporary custody, is being held in detention, is serving a
sentence of imprisonment, or is staying in an accommodation establishment in
that area for consideration and decision, and simultaneously transfer 1 set of
the extradition request dossier to the competent regional People’s Procuracy.
4. The Government shall elaborate this Article.
Article
28. Receipt, acceptance, and consideration by the People’s Court of extradition
request dossiers of foreign countries sent to Vietnam
1. Upon receipt of an extradition request dossier, the competent
regional People’s Court shall enter it in the receipt register. Where the request dossier
does not contain sufficient documents as prescribed in Articles 19, 21, and 22
of this Law, the Court shall return the request dossier and clearly state the
reasons in writing.
2. Within 7 days from the date of receipt of the complete
extradition request dossier, the competent regional People’s Court shall accept
the dossier and assign a Judge to consider and decide on it.
Within 3 working days from
the date of acceptance of the extradition request dossier, the People’s Court
shall notify the Ministry of Public Security and the People’s Procuracy at the
same level in writing.
3. Within 60 days from the date of acceptance of the
extradition request dossier, the competent regional People’s Court may request
the competent authority of the foreign country, through the Ministry of Public
Security, to clarify information or supplement documents in the extradition
request dossier. The
time limit for supplementation of information and documents is 30 days from the
date of dispatch of the request.
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a) A decision to terminate
consideration of the extradition request in accordance with Clause 5 of this
Article and return the dossier to the Ministry of Public Security;
b) A decision on
consideration of the extradition request where all conditions prescribed by
this Law are met. This decision must be sent to the person sought for
extradition, and his or her lawyer or lawful representative (if any).
The decisions prescribed
in this Clause must be sent to the Ministry of Public Security and the People’s
Procuracy at the same level within 3 working days from the date of issuance.
5. The Judge shall issue a decision to terminate consideration
of the extradition request where one of the following cases occurs:
a) The matter does not
fall within its competence;
b) The competent authority
of the foreign country withdraws the extradition request;
c) The person sought for
extradition has left Vietnam;
d) The competent authority
of the foreign country fails to supplement information or documents within the
time limit prescribed in Clause 3 of this Article;
dd) Another reason makes
consideration of the extradition request impossible.
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Article
29. Meeting to consider the extradition request
1. Within 30 days from the date of issuance of the decision on
consideration of the extradition request, the competent regional People’s Court
shall open a meeting to consider the extradition request. The competent regional
People’s Court may postpone the meeting for no more than 15 days from the date
of issuance of the decision on postponement where one of the following cases
occurs:
a) The Judge or Procurator
is absent for a legitimate reason;
b) The person sought for extradition
is absent for the first time for a legitimate reason.
The decision on
postponement of the meeting prescribed in this Clause must be notified
immediately to the People’s Procuracy at the same level and to the person
sought for extradition, and his or her lawyer or lawful representative (if any).
2. The meeting to consider the extradition request shall be
conducted by 1 Judge with the participation of 1 Procurator of the People’s
Procuracy at the same level.
3. The meeting to consider the extradition request shall
proceed in the following order:
a) The Judge presents the
contents of the dossier of the requesting State and gives an opinion on the
legal basis for extradition;
b) The Procurator states
the position of the People’s Procuracy on extradition;
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d) The person sought for
extradition presents his or her opinion.
4. The Judge shall issue one of the following decisions:
a) A decision on
extradition;
b) A decision on refusal
of extradition and clearly stating the reasons.
5. Within 10 days from the date of issuance of the decision on
extradition or the decision on refusal of extradition, the competent regional
People’s Court shall send that decision to the People’s Procuracy at the same
level, the province-level People’s Procuracy, the Ministry of Public Security,
the person sought for extradition, and his or her lawyer or lawful
representative (if any).
Article
30. Appellate, cassation, and reopening procedures for decisions on extradition
or decisions on refusal of extradition
1. The person sought for extradition has the right to appeal
within 15 days from the date of receipt of the decision on extradition or the
decision on refusal of extradition of the competent regional People’s Court. The People’s Procuracy at
the same level has the right to lodge a protest within 15 days, and the
province-level People’s Procuracy has the right to lodge a protest within 30
days from the date on which the competent regional People’s Court issues the
decision on extradition or the decision on refusal of extradition. The competent regional
People’s Court must send the extradition dossier and the appeal or protest to
the province-level People’s Court within 7 working days from the expiry of the
time limit for appeal or protest.
The appeal must be
notified in writing by the competent regional People’s Court to the People’s
Procuracy at the same level and persons related to the appeal within 5 days
from the expiry of the time limit for appeal.
The People’s Procuracy
must send the protest decision to the first-instance Court, the person sought
for extradition, and his or her lawyer or lawful representative within 2 days
from the date of issuance of the protest decision.
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a) The Judge presents a
summary of the contents of the extradition request dossier, the decision on
extradition or the decision on refusal of extradition, and the contents of the
appellate appeal or protest;
b) The Judge asks the
person sought for extradition whether he or she changes, supplements, or
withdraws the appeal; if so, the Judge shall request the Procurator to present
opinions on such change, supplementation, or withdrawal of the appeal.
The Judge asks the
Procurator whether he or she changes, supplements, or withdraws the protest; if
so, the Judge shall request the person sought for extradition, and his or her
lawyer or lawful representative to present opinions on such change,
supplementation, or withdrawal of the protest;
c) The Procurator, the
person sought for extradition, and his or her lawyer or lawful representative
present opinions on the contents of the appeal or protest; the Procurator
states the position of the People’s Procuracy on consideration of the
extradition request.
3. The Judge shall issue one of the following decisions:
a) Not accepting the
appeal or protest and upholding the first-instance decision;
b) Amending the first-instance
decision;
c) Setting aside the
first-instance decision and transferring the extradition request dossier to the
competent first-instance Court for reconsideration;
d) Setting aside the
first-instance decision and terminating consideration of the extradition
request;
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4. A decision on extradition or a decision on refusal of
extradition takes legal effect as follows:
a) A decision of the
first-instance court that is not appealed or protested takes effect from the
date of expiry of the time limit for appeal or protest;
b) A decision of the
appellate Court takes effect from the date of issuance.
The decision of the
appellate Court must be sent to the first-instance Court, the first-instance
People’s Procuracy, the People’s Procuracy at the same level, the Ministry of
Public Security, the person sought for extradition, and his or her lawyer or
lawful representative (if any).
5. Cassation and reopening of a decision on extradition or a
decision on refusal of extradition shall be carried out in accordance with the
Criminal Procedure Code. Cassation and reopening procedures shall not apply in cases
where the decision on extradition has already been enforced.
6. The Chief Justice of the Supreme People’s Court shall take
charge and cooperate with the Procurator General of the Supreme People’s
Procuracy, the Minister of Public Security, the Minister of Justice, the
Minister of National Defense, and the Minister of Foreign Affairs in providing
detailed provisions for this Article.
Article
31. Consideration of extradition requests of multiple countries in relation to
one person
1. Where the Ministry of Public Security receives extradition
request dossiers from multiple countries in relation to the same person, the
Ministry of Public Security shall take charge and cooperate with the Supreme
People’s Court, the Supreme People’s Procuracy, the Ministry of Foreign
Affairs, and the Ministry of Justice in considering and deciding to satisfy the
extradition request of one of the requesting countries, and shall transfer 1
set of the extradition request dossier to the competent regional People’s Court
for consideration and decision on extradition, and simultaneously transfer 1
set of the extradition request dossier to the People’s Procuracy at the same
level.
2. In considering the extradition requests prescribed in Clause
1 of this Article, in addition to legal provisions, the following relevant
factors shall also be considered:
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b) Legality and
appropriateness of the extradition request;
c) Time and place of
commission of the offense;
d) Particular interests of the requesting countries;
dd) Gravity of the offense;
e) Nationality of the
victim;
g) Possibility of
subsequent extradition between the requesting countries;
h) Date of the extradition
request;
i) Other relevant factors.
3. Where extradition requests of multiple countries in relation
to one person are received and the later extradition request is sent after the
competent regional People’s Court has already accepted the earlier extradition
request, the Ministry of Public Security, on the basis of opinions of the
Supreme People’s Court, the Supreme People’s Procuracy, the Ministry of Foreign
Affairs, and the Ministry of Justice, shall send a written request to the
competent regional People’s Court that first accepted the extradition request
dossier to return the extradition request dossier to the Ministry of Public
Security for further consideration and decision.
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4. The Minister of Public Security shall provide detailed
provisions for Clause 2 of this Article.
Article
32. Preventive measures for extradition
To ensure execution of the
extradition request, the competent authorities of Vietnam may apply preventive
measures in accordance with the Criminal Procedure Code immediately after the
People’s Court issues the decision on consideration of the extradition request. Holding a person in urgent
cases before an extradition request is made shall comply with Article 33 of
this Law.
Article
33. Holding a person in urgent cases before an extradition request is made
1. Where a foreign country requests Vietnam to hold a person in
an urgent case before an extradition request is made in accordance with an
international treaty on extradition to which Vietnam and that country are both
members, the Ministry of Public Security shall examine the validity of the
written request for holding a person in accordance with that international
treaty.
Where the written request
for holding a person is valid, the Ministry of Public Security shall
immediately transfer it to the competent police authority to decide on holding
the person and placing the person in an accommodation establishment in
accordance with Clauses 4, 5, 6, 7, and 8 of this Article.
The time limit for holding
a person and the contents of the written request for holding a person in an
urgent case before an extradition request is made shall comply with that
international treaty.
2. Where a foreign country requests Vietnam to hold a person in
an urgent case before an extradition request is made and Vietnam and that
country are not both members of an international treaty on extradition, the
Ministry of Public Security shall examine the validity of the written request
for holding a person in accordance with Clause 3 of this Article.
Where the written request
for holding a person is valid, the Ministry of Public Security shall
immediately transfer it to the competent police authority to decide on holding
the person and placing the person in an accommodation establishment in
accordance with Clauses 4, 5, 6, 7, and 8 of this Article.
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3. A written request for holding a person in an urgent case
before an extradition request is made as prescribed in Clause 2 of this Article
must contain the following contents:
a) Date of the request;
b) Name, address, and
contact information of the competent authority of the foreign country making
the request;
c) Reasons for and purpose
of the request;
d) Information on identity
and place of residence of the person sought;
dd) Information on the
offense stated in the request and the applicable penalty range expected to be
imposed on the person sought, or the remaining period the person sought must
serve the sentence;
e) Summary of the case
serving as the basis for the request;
g) Information on the
decision or order issued by the competent authority of the foreign country in
relation to the person sought;
h) Commitment to send the
formal extradition request within 45 days from the date of the written request
for holding a person in an urgent case before an extradition request is made;
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k) Commitment that the
information and documents stated in the request for holding a person in an
urgent case are accurate and truthful, and were collected and issued within
competence and in compliance with the procedures of foreign law;
l) Commitment that the
person held in the urgent case before an extradition request is made and the
person named in the procedural decisions are the same person;
m) Commitment that the
person sought committed an ordinary criminal offense, not an offense related to
politics or an offense related to the military as provided in international
treaties to which the Socialist Republic of Vietnam is a member.
4. Persons with competence in the police authority to decide on
holding a person and placing the person in an accommodation establishment as
prescribed in Clauses 1 and 2 of this Article include:
a) Directors of competent
professional departments under the Ministry of Public Security;
b) Directors of the police
of provinces and centrally-affiliated cities;
c) Heads of competent
professional divisions under the police of provinces and centrally-affiliated
cities.
5. Persons with competence prescribed in Clause 4 of this
Article may assign their authority to their deputies to exercise the power to
hold a person in an urgent case before an extradition request is made and place
the person in an accommodation establishment during their absence. The decision on assignment
of authority must be made in writing and clearly specify the scope, contents,
and duration of the assignment. The deputy assigned authority shall be
responsible to the head and before the law for exercise of the assigned
authority. A
person assigned authority may not further assign such authority to another
person.
6. A decision on holding a person and placing the person in an
accommodation establishment as prescribed in this Article must be made in
writing, one copy of which must be delivered to the person held, and must
clearly state the following contents:
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b) Full name, rank, title,
agency, and unit of the person issuing the decision;
c) Grounds for issuance of
the decision to hold the person, and the article and clause of the legal normative
document applied; reasons for holding the person;
d) Nationality, passport
number, or number of a document of equivalent value to a passport;
dd) Time limit for holding
the person; the accommodation establishment where the person is held;
e) Signature and seal of
the competent person issuing the decision to hold the person.
7. Accommodation establishments prescribed in this Article
include:
a) Accommodation
establishments of the Ministry of Public Security;
b) Accommodation
establishments designated by the Ministry of Public Security.
8. Rights, obligations, regime of persons held in urgent cases
before an extradition request is made, and other relevant matters shall comply
with the law.
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Article
34. Simplified extradition
1. Where the person sought for extradition submits an
application consenting to extradition to a foreign country, the competent
regional People’s Court, on the basis of the opinion of the Ministry of Public
Security, shall consider whether or not to apply the simplified extradition
procedure.
2. The procedures for application of the simplified extradition
procedure are as follows:
a) The People’s Court
shall accept the extradition request dossier in accordance with Clauses 1 and 2
Article 28 of this Law;
b) Within 15 days from the
date of receipt of the application consenting to extradition of the person
sought for extradition, the People’s Court shall verify that the person sought
for extradition voluntarily consents to extradition and fully understands the
legal consequences of extradition;
c) Within 15 days from the
date of completion of the verification of consent to extradition, the People’s
Court shall open a meeting to consider the extradition request in accordance
with Article 29 of this Law without having to issue the decision on
consideration of the extradition request prescribed at Point b Clause 4 Article
28 of this Law.
Article
35. Enforcement of the decision on extradition
1. Within 10 days from the date on which the decision on
extradition of the competent People’s Court takes legal effect, the Chief
Justice of the competent regional People’s Court that issued the first-instance
decision shall issue a decision on enforcement of the decision on extradition. The decision on enforcement
of the decision on extradition must be sent to the Ministry of Public Security,
the People’s Procuracy at the same level, the competent authority of the
requesting State, the extradited person, and his or her lawful representative
(if any). Sending
the decision on enforcement of the decision on extradition to the requesting
State shall be carried out through the Ministry of Public Security.
2. Upon receipt of the decision on enforcement of the decision
on extradition, the Ministry of Public Security shall organize enforcement in
the following order:
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b) Agree with the
requesting State on the time and place for surrender of the extradited person;
c) Direct surrender of the
extradited person, documents, objects, and property in accordance with Articles
36 and 37 of this Law.
Article
36. Surrender of the extradited person
1. The competent police authority shall organize escort of the
extradited person according to the time and place of surrender agreed between
Vietnam and the foreign country. Escort of the extradited person shall comply with the
Criminal Procedure Code.
2. The time limit for surrender of the extradited person is 30
days from the date on which the decision on enforcement of the decision on
extradition takes effect. In cases of force majeure or for legitimate reasons, the
time and place for surrender of the extradited person shall be discussed and
agreed upon by the Ministry of Public Security and the competent authority of
the foreign country.
3. If, upon the expiry of the time limit prescribed in Clause 2
of this Article, the requesting State fails to receive the extradited person
without a legitimate reason, the Ministry of Public Security shall request the
Chief Justice of the People’s Court that issued the decision on the enforcement
of the extradition decision to annul the decision on the enforcement of the
extradition decision and the extradition decision, release the extradited
person, and notify the requesting State. The above-mentioned decisions shall be sent to the People’s
Procuracy at the same level within 03 working days from the date of issuance of
the decisions.
4. The Minister of Public Security shall take the prime
responsibility for, and coordinate with the Chief Justice of the Supreme
People’s Court, the Procurator General of the Supreme People’s Procuracy, the
Minister of Justice, the Minister of National Defense and the Minister of
Foreign Affairs in providing detailed regulations for the implementation of
this Article.
Article
37. Transfer of documents, objects and assets
Where it is necessary to
transfer documents, objects or assets related to the extradited person to the
requesting State, the Ministry of Public Security shall transfer such
documents, objects or assets to the requesting State in accordance with the
international treaties to which Viet Nam and the requesting State are parties,
on the basis of respecting the rights of third parties at the time of surrender
of the extradited person or at another time as agreed with the requesting State. For documents, objects or
assets that cannot be transferred and must be destroyed, the Ministry of Public
Security shall notify the requesting State and request the authority
responsible for the custody of such documents, objects or assets to destroy
them in accordance with the laws of Viet Nam.
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1. Where the person requested for extradition, for whom a
decision on the enforcement of the extradition decision has been issued, is
prosecuted for criminal liability or is serving a sentence in the territory of
Viet Nam for an offence other than the offence specified in the extradition
request, the Chief Justice of the People’s Court that issued the decision on
the enforcement of the extradition decision shall, on his or her own initiative
or upon the request of the People’s Procuracy, the competent police authority
conducting the criminal proceedings, or the authority managing the execution of
criminal judgments with respect to the person requested for extradition, issue
a decision to postpone the enforcement of the extradition decision. The period of postponement
of the enforcement of the extradition decision shall terminate upon the
completion of the criminal proceedings or upon the completion of the execution
of the whole or part of the imposed sentence.
The decision on the
postponement of the enforcement of the extradition decision shall be sent to
the Ministry of Public Security, the People’s Procuracy at the same level and the
authorities specified in Clause 1 of this Article within 03 working days from
the date of issuance of the decision. The Ministry of Public Security shall promptly notify the
requesting State in writing of the postponement of the enforcement of the extradition
decision.
2. Upon the expiry of the postponement period prescribed in
Clause 1 of this Article, the Chief Justice of the People’s Court that issued
the decision on postponement of the enforcement of the extradition decision
shall annul the decision on postponement and allow the continuation of the
enforcement of the extradition decision; and shall send such decision together
with the relevant files and documents to the Ministry of Public Security for
further enforcement in accordance with the agreement with the requesting State. The procedures for
continuing the enforcement of the extradition decision shall be carried out in
accordance with Articles 35, 36 and 37 of this Law.
3. The Chief Justice of the Supreme People’s Court shall take
charge and cooperate with the Procurator General of the Supreme People’s
Procuracy, the Minister of Public Security, the Minister of Justice, the
Minister of National Defense, and the Minister of Foreign Affairs in providing
detailed provisions for this Article.
Article
39. Temporary extradition
1. Where the postponement of the enforcement of the extradition
decision prescribed in Clause 1 Article 38 of this Law obstructs the
prosecution in the requesting State due to the expiry of the statute of
limitations or causes serious difficulties for the prosecution of the offence
specified in the extradition request, the Chief Justice of the People’s Court
that issued the decision on postponement of extradition may, at the request of
the requesting State through the Ministry of Public Security and on the basis
of opinions of the People’s Procuracy and the competent police authority
conducting criminal proceedings or the authority managing the execution of
criminal judgments with respect to the person requested for extradition, issue
a decision on the temporary extradition of the person requested for extradition
to the requesting State. The enforcement of the decision on temporary extradition
shall be carried out in accordance with the procedures prescribed in Articles
35, 36 and 37 of this Law.
2. A person temporarily extradited must be surrendered back to
Viet Nam immediately after the completion of the criminal proceedings in the
requesting State or upon the expiry of the period of temporary extradition as
agreed between Viet Nam and the requesting State, in order to continue the
prosecution or the execution of the sentence with respect to the person
requested for extradition in Viet Nam. The decision on temporary extradition shall cease to have
effect when the temporarily extradited person is surrendered back to Viet Nam.
3. Where the requesting State does not submit a new extradition
request, after the completion of the prosecution or execution of the sentence
with respect to the person requested for extradition in Viet Nam, the Chief
Justice of the People’s Court that issued the decision on temporary extradition
shall allow the continuation of the enforcement of the decision on the
enforcement of the extradition decision. Where the requesting State submits a new extradition request,
the Chief Justice of the People’s Court that issued the decision on temporary
extradition shall, at the request of the Ministry of Public Security, annul the
extradition decision and the decision on the enforcement of the extradition
decision in order to consider and resolve the new extradition request in
accordance with this Law where there are legitimate grounds.
Article
40. Re-extradition
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The enforcement of the
decision on re-extradition shall be carried out in accordance with Articles 35,
36 and 37 of this Law.
Article
41. Refusal of extradition
1. A competent People’s Court must refuse extradition in any of
the following cases:
a) It is inconsistent with
the principles prescribed in Clause 2 Article 4 of this Law;
b) The offence specified
in the extradition request does not satisfy the conditions prescribed in
Article 7 of this Law;
c) The person requested
for extradition is a Vietnamese citizen;
d) The statute of
limitations for criminal prosecution or for the enforcement of the judgment
against the person requested for extradition has expired in accordance with the
laws of Viet Nam;
dd) The person requested
for extradition has been convicted by a legally effective judgment of a
Vietnamese court or has been declared not guilty, exempted from criminal
liability or exempted from the execution of the sentence for the criminal act
specified in the extradition request, or the case has been terminated in
accordance with the laws of Viet Nam;
e) The person requested
for extradition is at risk of persecution, torture, cruel, inhuman or degrading
treatment or punishment in the requesting State;
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2. A competent People’s Court may refuse extradition in any of
the following cases:
a) The offence specified
in the extradition request is a political or military offence under the
international treaties to which the Socialist Republic of Viet Nam is a party;
b) The person requested
for extradition is being prosecuted in Viet Nam for the offence specified in
the extradition request.
3. Where there are clear grounds to determine that the person
requested for extradition falls under the cases of mandatory refusal of
extradition prescribed in Clause 1 of this Article, the Ministry of Public
Security shall notify the requesting State. The Minister of Public Security shall provide detailed
regulations for the implementation of this Clause.
Article
42. Handling of cases where Viet Nam refuses to extradite Vietnamese citizens
to foreign countries
1. Where Viet Nam refuses to extradite a Vietnamese citizen to
a foreign country for criminal prosecution, if requested by the foreign
country, the consideration of criminal liability of such person shall be
carried out in accordance with the Penal Code and the laws on mutual legal
assistance in criminal matters.
2. Where Viet Nam refuses to extradite a Vietnamese citizen to
a foreign country for the execution of a sentence, if requested by the foreign
country, the People’s Court that issued the decision refusing extradition may
consider the request of the foreign country for recognition and enforcement in
Viet Nam of the criminal judgment of the foreign court in accordance with the
Penal Code, the Criminal Procedure Code, the Law on Execution of Criminal
Judgments and the laws on mutual legal assistance in criminal matters.
Article
43. Handling of cases where Viet Nam refuses to extradite foreign nationals to
foreign countries
Where Viet Nam refuses to
extradite a foreign national to a foreign country and the foreign country
requests criminal prosecution of such person, the Ministry of Public Security
shall take the prime responsibility for, and coordinate with the Supreme
People’s Court and the Supreme People’s Procuracy in considering the
application of the provisions prescribed in Clause 1 Article 42 of this Law.
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IMPLEMENTATION
PROVISIONS
Article
44. Entry into force
1. This Law comes into force as of July 1, 2026.
2. The Law on Mutual Legal Assistance No. 08/2007/QH12, as amended
and supplemented by Law No. 81/2025/QH15, shall cease to have effect from the
effective date of this Law, except for the transitional provisions prescribed
in Article 45 of this Law, Article 48 of the Law on Transfer of Persons Serving
Prison Sentences, Clause 1 Article 42 of the Law on Mutual Legal Assistance in
Criminal Matters and Clause 1 Article 38 of the Law on Mutual Legal Assistance
in Civil Matters.
Article
45. Transitional provisions
Extradition requests made
or received by the Ministry of Public Security 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 and supplemented by
Law No. 81/2025/QH15.
This Law was passed by
the National Assembly of the Socialist Republic of Viet Nam, 15th Legislature, at its 10th Session on 26
November 2025.
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