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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. 101/2025/QH15
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Hanoi, November 26, 2025
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LAW
ON TRANSFER OF SENTENCED PERSONS
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 transfer of sentenced persons.
Chapter
I
GENERAL PROVISIONS
Article
1. Scope
This Law provides for
principles, competence, conditions, procedures for transfer of sentenced
persons between Vietnam and foreign countries; and responsibilities of
Vietnamese regulatory agencies in transfer of persons serving imprisonment
sentences (hereinafter referred to as sentenced persons).
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This Law applies to
Vietnamese agencies, organizations and individuals, and foreign agencies,
organizations and individuals related to transfer of sentenced persons 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. Transfer of sentenced persons means the act whereby Vietnam and a foreign country transfer
to each other a sentenced person who wishes to be transferred to the country
consenting to receive the person in order to continue serving the sentence on
the basis of domestic law, international treaties, or the principle of
reciprocity.
2. A sentenced person means
a person sentenced to a definite term of imprisonment or life imprisonment
and currently serving the sentence at a prison facility.
3. Sending State means the
State that may transfer or has transferred a sentenced person serving a term of
imprisonment in its territory to the receiving State.
4. Receiving State means
the State that may receive or has received a sentenced person to continue
enforcement of the sentence.
5. Conversion of sentence means
the decision by a competent People’s Court of Vietnam to convert the sentence
stated in the judgment or decision of a competent foreign court imposed on a
sentenced person received in Vietnam so that it conforms to the Criminal Code
and other provisions of Vietnamese law.
Article
4. Application of law and principles for transfer of sentenced persons
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2. Transfer of sentenced persons shall be carried out 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; conformity with The
Constitution 2013, Vietnamese law and international treaties to which the
Socialist Republic of Vietnam is a member;
b) Where Vietnam and a
foreign country are not both members of an international treaty on transfer of
sentenced persons, transfer of sentenced persons shall be carried out on the
basis of the principle of reciprocity but must not contravene Vietnamese law
and must conform to international law and international practice;
c) Respect for and
protection of the lawful rights and interests of sentenced persons.
Article
5. Central authority of the Socialist Republic of Vietnam for transfer of
sentenced persons
1. The Ministry of Public Security is the central authority of
the Socialist Republic of Vietnam for transfer of sentenced persons.
2. The central authority of the Socialist Republic of Vietnam
for transfer of sentenced persons shall act as the focal point for exchange of
information and documents related to transfer of sentenced persons; prepare and
send requests for transfer of sentenced persons and receive requests for
transfer; take charge and cooperate with ministries, sectors and local
authorities to consider and resolve requests for transfer of sentenced persons;
monitor and urge the implementation of transfer of sentenced persons; and
perform other duties and powers in accordance with the law on transfer of
sentenced persons and international treaties to which the Socialist Republic of
Vietnam is a member.
Article
6. Application of the principle of reciprocity in transfer of sentenced persons
1. Application of the principle of reciprocity in transfer of
sentenced persons shall be carried out when all of the following conditions are
met:
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b) The competent authority
of the foreign country provides a written commitment to fulfill Vietnam’s
request in similar circumstances. Where Vietnam is the requesting State, the Ministry of
Public Security shall provide a written commitment on application of the
principle of reciprocity;
c) Conformity with
practical circumstances and cooperation needs regarding transfer of sentenced
persons between Vietnam and foreign countries.
2. The Ministry of Public Security shall, on the basis of
Clause 1 of this Article, decide on application of the principle of reciprocity
in transfer of sentenced persons. Where necessary, the Ministry of Public Security shall seek
opinions from the Ministry of Foreign Affairs and relevant agencies before
making the decision.
3. The Government shall elaborate this Article.
Article
7. Time limit for withdrawal of an application for transfer
1. A sentenced person or his or her lawful representative may
withdraw the application for transfer only before the decision on acceptance of
the sentenced person or the decision on transfer of sentenced persons issued by
the competent People’s Court of Vietnam comes into force.
2. The Government shall elaborate this Article.
Article
8. Language in transfer of sentenced persons
1. Where Vietnam and a foreign country are both members of an
international treaty on transfer of sentenced persons, the language used in
transfer of sentenced persons shall be the language prescribed in that
international treaty.
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3. The authority preparing the transfer request dossier must
translate the documents and materials into the language prescribed in Clause 1
or Clause 2 of this Article.
4. The Government shall elaborate this Article.
Article
9. Exemption from consular legalization
The transfer request
dossier for transfer of sentenced persons shall be exempt from consular
legalization if it is signed and sealed by a competent person or authority of
the foreign country, unless otherwise provided for in an international treaty
to which the Socialist Republic of Vietnam is a member.
Article
10. Costs of transfer of sentenced persons
1. Where Vietnam is the sending State, Vietnam shall pay costs
arising in transfer of sentenced persons up to the time of handover of the
sentenced person, unless otherwise agreed.
2. Where Vietnam is the receiving State, Vietnam shall pay
costs arising in transfer of sentenced persons from the time of receipt of the
sentenced person, unless otherwise agreed.
3. The Government shall elaborate this Article.
Article
11. Funding for transfer of sentenced persons
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A sentenced person, his or
her lawful representative, and other agencies, organizations and individuals
may voluntarily contribute or provide support for all or part of living
expenses, travel expenses and other expenses of the transferred person in
accordance with law.
2. The Government shall elaborate this Article.
Article
12. Transit of sentenced persons
1. Transit of a sentenced person through the territory of
Vietnam must be notified in writing in advance to the Ministry of Public
Security for handling. Consent to or refusal of transit of a sentenced person shall
be given in accordance with law.
2. Where transit is permitted, the State requesting transit of
the sentenced 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 transport is by air and an unscheduled landing occurs
in the territory of Vietnam, the sentenced person may be managed in accordance
with Vietnamese law. Management of the sentenced person and related costs shall
comply with Clause 2 of this Article.
4. Where Vietnam requests a foreign country to permit transit
of a sentenced 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
13. Responsibilities of regulatory agencies for transfer of sentenced persons
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a) Uniformly manage state
administration of transfer of sentenced persons;
b) Report to the National
Assembly on transfer of sentenced persons in the annual report on enforcement
of judgments.
2. The Ministry of Public Security shall be accountable to the
Government for performing state administration of transfer of sentenced persons.
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 in
providing regulations on application of science and technology and digital
transformation in transfer of sentenced persons.
3. The Supreme People’s Court and the Supreme People’s
Procuracy shall cooperate with the Ministry of Public Security in performing
state administration of transfer of sentenced persons.
People’s Courts at all
levels and People’s Procuracies at all levels shall perform tasks related to
transfer of sentenced persons in accordance with this Law and other relevant
laws.
4. Ministries, ministerial agencies and other relevant agencies
shall, within the scope of their functions and duties, perform tasks related to
transfer of sentenced persons in accordance with this Law and other relevant
laws; and cooperate with the Ministry of Public Security in performing state
administration of transfer of sentenced persons.
Chapter
II
RECEIPT
OF SENTENCED PERSONS SERVING SENTENCES ABROAD INTO VIETNAM
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The regional People’s
Court of the place of the last habitual residence in Vietnam of the sentenced
person serving a sentence abroad who is proposed for transfer has the competence
to decide on receipt of the sentenced person serving a sentence abroad into
Vietnam. Where
the last habitual residence in Vietnam of the person proposed for transfer
cannot be determined or where the person proposed for transfer did not
habitually reside in Vietnam, the Regional People’s Court No. 1 - Hanoi has the
competence to decide on receipt of the sentenced person serving a sentence
abroad into Vietnam.
Article
15. Conditions for receipt of sentenced persons serving sentences abroad into
Vietnam
1. A sentenced person serving a sentence abroad may be received
into Vietnam to continue serving the sentence when all of the following
conditions are met:
a) He or she is a
Vietnamese citizen;
b) The criminal act for
which the person was convicted in the sending State also constitutes a criminal
offence under Vietnamese criminal law at the time of preparation of the request
for transfer of sentenced persons;
c) At the time of receipt
of the request for transfer, the remaining term of imprisonment must be at
least 1 year; in special cases, this period may be less than 1 year;
d) The judgment or
decision against that person has taken legal effect and no procedural matter
remains pending;
dd) Vietnam consents where
the competent authority of the sending State prepares the request for transfer,
or the sending State consents where the Ministry of Public Security prepares
the request for transfer;
e) The sentenced person
consents. Where the sentenced person is a juvenile or a person incapable of
expressing consent to the transfer due to age, health condition or mental
state, consent of the lawful representative is required.
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Article
16. Cases of refusal to receive sentenced persons serving sentences abroad into
Vietnam
1. The competent People’s Court shall decide to refuse receipt
of a sentenced person serving a sentence abroad into Vietnam if one of the
following cases occurs:
a) It is inconsistent with
the principles prescribed in Clause 2 Article 4 of this Law;
b) One of the conditions
prescribed in Clause 1 Article 15 of this Law is not met;
c) It may be detrimental
to sovereignty, national defense, national security, social order and safety,
public health and the interests of the State, or the lawful rights and
interests of agencies, organizations and individuals in Vietnam;
d) It exceeds the capacity
to meet the necessary requirements for continued enforcement of the sentence in
Vietnam with respect to the sentenced person.
2. The Government shall provide detailed provisions for Point d
Clause 1 of this Article.
Article
17. Transfer request dossier for receipt of sentenced persons serving sentences
abroad into Vietnam
1. The transfer request dossier for receipt of a sentenced
person serving a sentence abroad into Vietnam comprises the following documents:
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b) The accompanying
documents prescribed in Clause 2 Article 18 of this Law.
2. The transfer request dossier for receipt of a sentenced
person serving a sentence abroad into 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
18. Request for transfer of sentenced persons serving sentences abroad into
Vietnam and accompanying documents
1. The request for transfer of a sentenced person serving a
sentence abroad into Vietnam must contain the following information:
a) Date, month, year and
place of preparation of the document;
b) Grounds for requesting
transfer of the sentenced person;
c) Name and address of the
competent authority of Vietnam and of the sending State;
d) Information identifying
the person, nationality, last habitual residence in Vietnam (if any), and the
place where the sentence is being served in the sending State, and legal grounds
showing that the sentenced person meets the conditions for transfer;
dd) Other necessary
information (if any).
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a) The application for
transfer or documents showing the wish to be transferred or consent to transfer
of the sentenced person or his or her lawful representative;
b) Documents proving
Vietnamese nationality of the sentenced person proposed for transfer in
accordance with Vietnamese law;
c) A copy of the judgment
or decision of the court of the sending State in respect of the person proposed
for transfer;
d) A document on
enforcement of the additional penalty (if any);
dd) The legal provisions
of the sending State applied to determine the constituent elements of the offence
and the offence title, provisions on penalties and the limitation period for
enforcement of the penalty in respect of that offence under the judgment;
e) A document showing
consent of the competent authority of the sending State where the Ministry of
Public Security prepares the request for transfer, or a document showing
consent to consideration of the transfer request of the Ministry of Public
Security where the competent authority of the sending State prepares the
request for transfer;
g) Documents describing
identifying characteristics, fingerprints and facial photographs of the
sentenced person proposed for transfer;
h) Documents certifying
the period of sentence already served by the person proposed for transfer, any
general amnesty, special amnesty, remission or reduction of sentence in the
sending State, and the remaining period to be served;
i) Documents relating to
the health condition, mental state and medical records of the person proposed
for transfer and recommendations (if any).
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l) Other necessary
documents (if any).
3. The Government provides detailed provisions on Clause 2 of
this Article.
Article
19. Receipt of applications for transfer from sentenced persons serving
sentences abroad
1. A Vietnamese citizen serving a sentence abroad or his or her
lawful representative may send an application for transfer to Vietnam in order
to continue serving the sentence to one of the following authorities:
a) The competent authority
of the sending State;
b) The Vietnamese
representative mission in the sending State;
c) The Ministry of Public
Security.
2. Within 10 days from the date of receipt of the application
for transfer, the Vietnamese representative mission in the sending State shall
forward the application to the Ministry of Public Security. If the case falls under the
special case prescribed at Point c Clause 1 Article 15 of this Law, the
Vietnamese representative mission in the sending State must forward the
application to the Ministry of Public Security within 5 days from the date of
receipt of the application for transfer. On the basis of the application for transfer, the Ministry
of Public Security shall consider preparing a request for transfer in
accordance with Article 20 of this Law.
Forwarding of the
application for transfer to Vietnam from the Vietnamese representative mission
in the sending State to the Ministry of Public Security may be carried out
electronically in accordance with law.
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Article
20. Preparation of requests for transfer of sentenced persons serving sentences
abroad into Vietnam
1. The request for transfer of a sentenced person serving a
sentence abroad into Vietnam shall be prepared by the Ministry of Public
Security or the competent authority of the sending State.
2. Within 20 days from the date of receipt of the application
for transfer and the information and documents provided by the competent
authority of the sending State, the Ministry of Public Security shall consider
and decide on preparation of the request for transfer of the sentenced person
serving a sentence abroad into Vietnam and shall send it directly or through
diplomatic channels to the competent authority of the sending State.
Where the Ministry of
Foreign Affairs or the Vietnamese representative mission in the sending State
receives from the Ministry of Public Security a request for transfer of a
sentenced person serving a sentence abroad into Vietnam, it shall immediately
forward it to the competent authority of the sending State and notify the
Ministry of Public Security in writing.
3. Where the competent authority of the sending State prepares
a request for transfer of a sentenced person serving a sentence abroad into
Vietnam, it shall send it directly or through diplomatic channels to the
Ministry of Public Security. Where the Ministry of Foreign Affairs or the Vietnamese
representative mission in the sending State receives from the competent authority
of the sending State a request for transfer of a sentenced person serving a
sentence abroad into Vietnam, it shall immediately forward it to the Ministry
of Public Security for handling in accordance with this Law.
4. The Government shall elaborate this Article.
Article
21. Receipt, examination and transfer of transfer request dossiers for
sentenced persons serving sentences abroad into Vietnam
1. Within 20 days from the date of receipt of the request for transfer
of the sentenced person and accompanying documents from the competent authority
of the sending State, or from the date of receipt of the documents prescribed
in Clause 2 Article 18 of this Law from the competent authority of the sending
State, the Ministry of Public Security shall examine the transfer request
dossier in accordance with Articles 17 and 18 of this Law. If the case falls under the
special case prescribed at Point c Clause 1 Article 15 of this Law, the time
limit for examination of the dossier is 7 days.
The Ministry of Public
Security may request the competent authority of the sending State to supplement
information and documents. If no supplementary information or documents are received
within 60 days from the date of sending the written request for supplementation
of information and documents, the Ministry of Public Security shall return the
dossier to the competent authority of the sending State and clearly state the
reason. If the
case falls under the special case prescribed at Point c Clause 1 Article 15 of
this Law, the time limit for supplementation of information and documents is 20
days.
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Transfer of documents,
materials and dossiers may be carried out electronically in accordance with law.
3. The Government shall elaborate this Article.
Article
22. Acceptance of transfer request dossiers for sentenced persons serving
sentences abroad into Vietnam
1. Within 10 days from the date of receipt of the complete
transfer request dossier for a sentenced person serving a sentence abroad into
Vietnam, the competent regional People’s Court must accept the dossier and
notify the Ministry of Public Security and the People’s Procuracy at the same
level in writing. If the case falls under the special case prescribed at Point
c Clause 1 Article 15 of this Law, the time limit for acceptance of the dossier
is 5 days.
During the preparation
period for consideration of the request for transfer of the sentenced person,
where the transfer request dossier lacks information or documents, or contains
unclear or contradictory points, the competent regional People’s Court shall
request the Ministry of Public Security to ask the competent authority of the
sending State to supplement information and documents. The time limit for
supplementation of information and documents is 20 days from the date on which
the Ministry of Public Security issues the written request.
2. Within 30 days from the date of acceptance, depending on the
case, the competent regional People’s Court shall issue one of the following
decisions:
a) A decision on
consideration of the request for transfer of the sentenced person where all
conditions prescribed by this Law are met. This decision must be sent to the person proposed for
transfer, his or her lawyer or lawful representative (if any);
b) A decision to terminate
consideration of the request for transfer of the sentenced person in accordance
with Clause 3 of this Article and to return the dossier to the Ministry of
Public Security.
If the case falls under
the special case prescribed at Point c Clause 1 Article 15 of this Law, the
time limit for issuing one of the decisions prescribed in this Clause is 10
days.
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3. The regional People’s Court shall decide to terminate
consideration of the request for transfer of the sentenced person where one of
the following cases occurs:
a) The matter does not
fall within its competence;
b) The competent authority
of the sending State withdraws the request for transfer;
c) The sentenced person or
his or her lawful representative withdraws the application for transfer;
d) The competent authority
of the sending State fails to supplement information and documents within the
time limit prescribed in Clause 1 of this Article;
dd) Another reason makes
consideration of the request for transfer impossible.
4. Within 30 days from the date of issuance of the decision on
consideration of the request for transfer, the competent regional People’s
Court must open the first-instance meeting to consider the request for transfer. If the case falls under the
special case prescribed at Point c Clause 1 Article 15 of this Law, the time
limit for opening the meeting to consider the request for transfer is 10 days.
Article
23. First-instance meeting to consider the request for transfer of sentenced
persons serving sentences abroad into Vietnam
1. The first-instance meeting to consider the request for
transfer shall be conducted by 1 Judge, with the participation of 1 Procurator
of the People’s Procuracy at the same level, and shall follow the following
order:
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b) The Procurator states
the position of the People’s Procuracy on the transfer;
c) The lawyer or lawful
representative of the person proposed for transfer presents his or her opinion
(if any).
2. On the basis of the results of the first-instance meeting,
the Judge shall issue one of the following decisions:
a) A decision on
acceptance of the sentenced person and clearly stating the offence title and
the term for which the transferred person must continue serving the sentence in
Vietnam. In
this case, the Judge shall consider and decide on conversion of sentence (if
any); conversion of sentence shall comply with Article 25 of this Law;
b) A decision on refusal
of acceptance of the sentenced person and clearly stating the reason.
3. Within 10 days from the date of issuance of the decision on
acceptance or the decision on refusal of acceptance of the sentenced person, the
competent regional People’s Court shall send the decision to the People’s
Procuracy at the same level, the province-level People’s Procuracy, the
Ministry of Public Security, the person proposed for transfer, and his or her
lawyer or lawful representative (if any). If the case falls under the special case prescribed at Point
c Clause 1 Article 15 of this Law, the time limit for the competent regional
People’s Court to send the decision on acceptance or the decision on refusal of
acceptance is 5 days.
Article
24. Appellate meeting to review the decision on acceptance or the decision on
refusal of acceptance
1. The person proposed for transfer or his or her lawful
representative has the right to appeal within 15 days from the date of receipt
of the decision on acceptance or the decision on refusal of acceptance 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 acceptance or the
decision on refusal of acceptance. If the case falls under the special case prescribed at Point
c Clause 1 Article 15 of this Law, the time limit for appeal and the time limit
for protest by the People’s Procuracy at the same level is 7 days, and the time
limit for protest by the province-level People’s Procuracy is 15 days.
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.
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The competent regional
People’s Court must send the dossier and the appeal or protest to the competent
province-level People’s Court within 7 days from the expiry of the time limit
for appeal or protest.
2. Within 20 days from the date of receipt of the dossier and
the appeal or protest, the province-level People’s Court shall open an
appellate meeting to review the appealed or protested decision on acceptance or
decision on refusal of acceptance of the first-instance court. If the case falls under the
special case prescribed at Point c Clause 1 Article 15 of this Law, the time
limit for the province-level People’s Court to open the appellate meeting is 7
days.
3. The appellate meeting shall be conducted by 1 Judge, with
the participation of 1 Procurator of the People’s Procuracy at the same level,
and shall follow the following order:
a) The Judge presents a
summary of the contents of the transfer request dossier for transfer of the
sentenced person serving a sentence abroad into Vietnam, the decision on
acceptance or the decision on refusal of acceptance, and the contents of the
appeal or protest;
b) The Judge asks the
lawful representative of the person proposed for transfer whether there is any
change to, supplementation of, or withdrawal of the appeal; if so, the Judge
shall request the Procurator to present an opinion on such change to,
supplementation of, or withdrawal of the appeal.
The Judge asks the
Procurator whether there is any change to, supplementation of, or withdrawal of
the protest; if so, the Judge shall request the lawyer or lawful representative
of the person proposed for transfer to present an opinion on such change to,
supplementation of, or withdrawal of the protest;
c) The Procurator, the
lawyer and the lawful representative of the person proposed for transfer state
their opinions on the contents of the appeal or protest; the Procurator states
the position of the People’s Procuracy on settlement of the appeal or protest.
4. On the basis of the results of the appellate meeting, the
Judge shall issue one of the following decisions:
a) Not accepting the
appeal or protest and upholding the first-instance decision;
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c) Setting aside the
first-instance decision and remitting the dossier to the competent regional
People’s Court for reconsideration;
d) Setting aside the
first-instance decision and terminating consideration of the request for
transfer in accordance with Clause 3 Article 22 of this Law;
dd) Terminating appellate
review.
5. A decision on acceptance or a decision on refusal of
acceptance taking legal effect includes:
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 and is final.
The decision of the
appellate court must be sent immediately to the first-instance court, the
first-instance Procuracy, the People’s Procuracy at the same level, the person
proposed for transfer, and his or her lawyer or lawful representative (if any).
Article
25. Conversion of sentence
1. Where the sentence stated in the judgment or decision
rendered by the court of the sending State against the sentenced person is
inconsistent with the Criminal Code and other provisions of Vietnamese law, it
must be converted accordingly.
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3. The converted sentence must not be more severe than the
sentence rendered by the court of the sending State in terms of nature and
duration. The
period of sentence already served in the sending State shall be deducted from
the period of sentence to be served in Vietnam.
4. A sentenced person received into Vietnam shall not be
convicted a second time for the offence already adjudicated in the judgment or
decision of the court of the sending State.
5. 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 in providing detailed
provisions for this Article.
Article
26. Enforcement of the decision on acceptance of sentenced persons
1. Within 10 days from the date on which the decision on
acceptance of the sentenced person of the People’s Court takes legal effect, the
Chief Justice of the regional People’s Court that issued the first-instance
decision must issue the decision on enforcement of the decision on acceptance. If the case falls under the
special case prescribed at Point c Clause 1 Article 15 of this Law, the time
limit for issuing the decision on enforcement of the decision on acceptance is
5 days. The
decision on enforcement of the decision on acceptance takes effect from the
date of signing for issuance.
2. The decision on enforcement of the decision on acceptance
must be sent to the People’s Procuracy at the same level, the Ministry of
Public Security, the competent authority of the sending State, and the
transferred person or his or her lawful representative.
3. The Ministry of Public Security shall notify the competent
authority of the sending State in writing and organize enforcement of the
receipt. Receipt
of the sentenced person must be carried out within 45 days from the date on
which the decision on enforcement of the decision on acceptance takes effect,
unless otherwise agreed. If the case falls under the special case prescribed at Point
c Clause 1 Article 15 of this Law, the time limit for receipt of the sentenced
person is 15 days.
4. The Government provides detailed provisions on Clause 3 of
this Article.
Article
27. Annulment of the decision on acceptance of a sentenced person and the
decision on enforcement of the decision on acceptance
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a) The sentenced person or
his or her lawful representative withdraws the application for transfer or
expresses in writing the wish not to be transferred;
b) The sending State
withdraws the request for transfer;
c) The sentenced person
dies or escapes from the sending State;
d) Other cases in which
receipt of the sentenced person cannot be carried out.
2. A decision on acceptance of a sentenced person that has
taken legal effect shall be annulled in the following cases:
a) The cases prescribed at
Points b, c and d Clause 1 of this Article;
b) The decision on
enforcement of the decision on acceptance of the sentenced person is annulled.
3. A decision on enforcement of the decision on acceptance of
the sentenced person shall be annulled in the following cases:
a) The case prescribed at
Point a Clause 2 of this Article;
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c) The competent authority
of the sending State fails to hand over the transferred person at the agreed
time and place without legitimate reasons, or the receipt is not carried out
within the time limit prescribed in Clause 3 Article 26 of this Law.
4. Within 5 working days from the date of receipt of
notification from the Ministry of Public Security, the Chief Justice of the
competent People’s Court shall annul the decision on acceptance of the
sentenced person prescribed in Clauses 1 and 2 of this Article and annul the
decision on enforcement of the decision on acceptance prescribed in Clause 3 of
this Article. These
decisions take effect from the date of signing for issuance and must be
immediately sent to the People’s Procuracy at the same level, the Ministry of
Public Security, the competent authority of the sending State, and the
sentenced person or his or her lawful representative.
5. Consideration of a request for transfer of a sentenced
person in the cases prescribed at Points a and b Clause 1 and Point c Clause 3
of this Article shall only be carried out after at least 3 years from the date
on which the decision annulling the decision on acceptance or the decision on
enforcement of the decision on acceptance takes legal effect.
Article
28. Receipt of the transferred person
1. The Ministry of Public Security shall organize receipt of
the transferred person at the time and place agreed in writing with the
competent authority of the sending State.
2. The Government shall elaborate this Article.
Article
29. Continuation of serving the sentence in Vietnam
1. Continuation of serving the sentence in Vietnam by the
transferred person shall comply with Vietnamese law.
2. Upon receipt of a notification of a decision on special
amnesty, general amnesty, remission or reduction of sentence, conditional early
release, or other judicial decisions issued by the sending State in respect of
a sentenced person received in Vietnam, the Ministry of Public Security must
immediately forward that notification to the competent authority for
consideration and decision in accordance with relevant law.
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Article
30. Notification on the status of serving the sentence of a sentenced person
received in Vietnam
The Ministry of Public Security
shall promptly notify the competent authority of the sending State in writing
of the status of serving the sentence of a sentenced person received in Vietnam
in one of the following cases:
1. The sentenced person is granted suspension of serving the
sentence, remission or reduction of the term of imprisonment, general amnesty,
special amnesty, conditional early release, or is prosecuted for another
criminal offence;
2. The sentenced person has completed serving the sentence;
3. The sentenced person escapes from the prison facility;
4. The sentenced person dies before completing the sentence;
5. The competent authority of the sending State requests
provision of information on the status of serving the sentence of the person
received in Vietnam.
Chapter
III
TRANSFER
OF SENTENCED PERSONS SERVING SENTENCES IN VIETNAM TO FOREIGN COUNTRIES
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The regional People’s
Court where the foreign national is serving the sentence in Vietnam has the
competence to decide on transfer of the sentenced person serving the sentence
in Vietnam to a foreign country.
Article
32. Conditions for transfer of sentenced persons serving sentences in Vietnam
to foreign countries
1. A sentenced person serving a sentence in Vietnam may be
transferred to a foreign country to continue serving the sentence when the
following conditions are met:
a) The person is a
national of the receiving State or a person permitted to reside indefinitely in
the receiving State or accepted by the receiving State;
b) The criminal act for
which the person was convicted in Vietnam also constitutes a criminal offence
under the law of the receiving State at the time of preparation of the request
for transfer of the sentenced person;
c) At the time of receipt
of the request for transfer, the remaining term of imprisonment must be at
least 1 year; in special cases, this period may be less than 1 year;
d) The conditions
prescribed at Points d and e Clause 1 Article 15 of this Law are satisfied;
dd) Civil obligations
stated in the judgment, additional penalties such as fines or confiscation of
property, and other legal obligations have been fulfilled in accordance with
law, or the receiving State or other agencies, organizations or individuals
provide support for fulfillment of these legal obligations, or the receiving
State commits to ensure that the sentenced person will fulfill these legal
obligations after being transferred to the receiving State;
e) Vietnam consents where
the competent authority of the receiving State prepares the request for
transfer, or the receiving State consents where the Ministry of Public Security
prepares the request for transfer.
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Article
33. Cases of refusal to transfer sentenced persons serving sentences in Vietnam
to foreign countries
The competent People’s
Court of Vietnam shall decide to refuse transfer of a sentenced person serving
a sentence in Vietnam to a foreign country if one of the following cases occurs:
1. It is inconsistent with the principles prescribed in Clause
2 Article 4 of this Law;
2. One of the conditions prescribed in Clause 1 Article 32 of
this Law is not met;
3. It may be detrimental to sovereignty, national defense,
national security, social order and safety, public health, and the interests of
the State or the lawful rights and interests of agencies, organizations and
individuals in Vietnam;
4. There are grounds to believe that the transferred person may
be subjected to torture, retaliation, persecution, ill-treatment,
discrimination, or cruel, inhuman or degrading punishment in the receiving
State.
Article
34. Transfer request dossier for sentenced persons serving sentences in Vietnam
to foreign countries
1. The transfer request dossier for a sentenced person serving
a sentence in Vietnam to a foreign country includes the following documents:
a) The request for transfer
made by the Ministry of Public Security or the competent authority of the
receiving State as prescribed in Clause 1 Article 35 of this Law;
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2. The transfer request dossier for a sentenced person serving
a sentence in Vietnam 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 8 of this Law.
Article
35. Request for transfer of sentenced persons serving sentences in Vietnam to
foreign countries and accompanying documents
1. The request for transfer of a sentenced person serving a
sentence in Vietnam to a foreign country must contain the following information:
a) Date, month, year and
place of preparation of the document;
b) Grounds for requesting
transfer of the sentenced person;
c) Name and address of the
competent authority of Vietnam and of the receiving State;
d) Information identifying
the person, nationality, place of residence in the receiving State (if any),
and the place where the sentence is being served in Vietnam, and the legal
grounds demonstrating that the sentenced person satisfies the conditions for
transfer;
dd) Other necessary
information (if any).
2. The request for transfer must be accompanied by the
following documents:
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b) Documents proving
nationality of the receiving State or proof of indefinite residence in the
receiving State (if any);
c) A copy of the judgment
or decision of the People’s Court of Vietnam in respect of the sentenced person
proposed for transfer;
d) A document on enforcement
of the additional penalty (if any);
dd) The legal provisions
of the receiving State used to determine the constituent elements of the
offence and the offence title, provisions on penalties, and limitation period
for enforcement of the penalty in respect of that offence under the judgment;
e) A document showing
consent of the competent authority of the receiving State where the Ministry of
Public Security prepares the request for transfer, or a document showing
consent to consider the request for transfer of the Ministry of Public Security
where the competent authority of the receiving State prepares the request for
transfer;
g) The documents
prescribed at Points g, h, i, k and l Clause 2 Article 18 of this Law.
3. The Government provides detailed provisions on Clause 2 of
this Article.
Article
36. Receipt of applications for transfer from sentenced persons serving
sentences in Vietnam
1. A foreign national serving a sentence in Vietnam or his or
her lawful representative may send an application for transfer to a foreign
country in order to continue serving the sentence to one of the following
authorities:
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b) The competent authority
of the receiving State;
c) The representative
mission of the receiving State in Vietnam.
2. Where an application for transfer or documents showing the
wish to be transferred from the sentenced person or his or her lawful
representative are received, the Ministry of Public Security shall receive and
consider preparing a request for transfer in accordance with Article 37 of this
Law.
3. The Government shall elaborate this Article.
Article
37. Preparation of requests for transfer of sentenced persons serving sentences
in Vietnam to foreign countries
1. The request for transfer of a sentenced person serving a
sentence in Vietnam to a foreign country shall be prepared by the Ministry of
Public Security or the competent authority of the receiving State.
2. Within 20 days from the date of receipt of the application
for transfer and the information and documents provided by the competent
authority of the receiving State, the Ministry of Public Security shall
consider and decide on preparation of the request for transfer of the sentenced
person serving a sentence in Vietnam to a foreign country and shall send it
directly or through diplomatic channels to the competent authority of the
receiving State.
Where the Ministry of
Foreign Affairs or the Vietnamese representative mission in the receiving State
receives from the Ministry of Public Security a request for transfer of a
sentenced person serving a sentence in Vietnam to a foreign country, it shall
immediately forward it to the competent authority of the receiving State and
notify the Ministry of Public Security in writing.
3. Where the competent authority of the receiving State
prepares the request for transfer of a sentenced person serving a sentence in
Vietnam to a foreign country, it shall send it directly or through diplomatic
channels to the Ministry of Public Security. Where the Ministry of Foreign Affairs or the Vietnamese
representative mission in the receiving State receives from the competent
authority of the receiving State a request for transfer of a sentenced person
serving a sentence in Vietnam to a foreign country, it shall immediately forward
it to the Ministry of Public Security for handling in accordance with this Law.
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5. The Government shall elaborate this Article.
Article
38. Receipt, examination and transfer of transfer request dossiers for
sentenced persons serving sentences in Vietnam to foreign countries
1. Within 20 days from the date of receipt of the request for
transfer of the sentenced person and accompanying documents from the competent
authority of the receiving State, or from the date of receipt of the documents
prescribed in Clause 2 Article 35 of this Law from the competent authority of
the receiving State, the Ministry of Public Security shall examine the dossier
in accordance with Articles 34 and 35 of this Law. If the case falls under the
special case prescribed at Point c Clause 1 Article 32 of this Law, the time
limit for examination of the dossier is 7 days.
The Ministry of Public
Security may request the competent authority of the receiving State to
supplement information and documents. If no supplementary information or documents are received
within 60 days from the date of sending the written request for supplementation
of information and documents, the Ministry of Public Security shall return the
dossier to the competent authority of the receiving State and clearly state the
reason. If the
case falls under the special case prescribed at Point c Clause 1 Article 32 of
this Law, the time limit for supplementation of information and documents is 20
days.
2. Where the transfer request dossier meets the requirements
prescribed in Articles 34 and 35 of this Law, the Ministry of Public Security
shall immediately transfer 1 set of the dossier to the competent regional
People’s Court for consideration and decision, and simultaneously immediately
transfer 1 certified copy set of the dossier to the competent regional People’s
Procuracy.
Transfer of documents,
materials and dossiers may be carried out electronically in accordance with law.
3. The Government shall elaborate this Article.
Article
39. Acceptance of transfer request dossiers for sentenced persons serving
sentences in Vietnam to foreign countries
1. Within 10 days from the date of receipt of the complete
transfer request dossier for a sentenced person serving a sentence in Vietnam
to a foreign country, the competent regional People’s Court must accept the
dossier and notify the Ministry of Public Security and the People’s Procuracy
at the same level in writing. If the case falls under the special case prescribed at Point
c Clause 1 Article 32 of this Law, the time limit for acceptance of the dossier
is 5 days.
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2. Within 30 days from the date of acceptance, depending on the
case, the competent regional People’s Court shall issue one of the following
decisions:
a) A decision on
consideration of the request for transfer of the sentenced person where all
conditions prescribed by this Law are met. This decision must be sent to the person proposed for
transfer, his or her lawyer or lawful representative (if any);
b) A decision to terminate
consideration of the request for transfer of the sentenced person in accordance
with Clause 3 of this Article and to return the dossier to the Ministry of
Public Security.
If the case falls under
the special case prescribed at Point c Clause 1 Article 32 of this Law, the
time limit for issuing one of the decisions prescribed in this Clause is 10
days.
The decisions prescribed
in this Clause must be immediately transferred to the Ministry of Public
Security and the People’s Procuracy at the same level.
3. The regional People’s Court shall decide to terminate
consideration of the request for transfer of the sentenced person where one of
the following cases occurs:
a) The matter does not
fall within its competence;
b) The competent authority
of the receiving State withdraws the request for transfer;
c) The sentenced person or
his or her lawful representative withdraws the application for transfer;
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dd) Another reason makes
consideration of the request for transfer impossible.
4. Within 30 days from the date of issuance of the decision on
consideration of the request for transfer, the competent regional People’s
Court must open the first-instance meeting to consider the request for transfer. If the case falls under the
special case prescribed at Point c Clause 1 Article 32 of this Law, the time
limit for opening the meeting to consider the request for transfer is 10 days.
Article
40. First-instance meeting to consider the request for transfer of sentenced
persons serving sentences in Vietnam to foreign countries
1. The first-instance meeting to consider the request for
transfer shall be conducted by 1 Judge, with the participation of 1 Procurator
of the People’s Procuracy at the same level, and shall follow the following
order:
a) The Judge presents the
contents of the transfer request dossier and gives an opinion on the legal
basis for the transfer;
b) The Procurator states
the position of the People’s Procuracy on the transfer;
c) The person proposed for
transfer presents his or her opinion (if any);
d) The lawyer or lawful
representative of the person proposed for transfer presents his or her opinion
(if any).
2. On the basis of the results of the first-instance meeting,
the Judge shall issue one of the following decisions:
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b) A decision on refusal
of transfer of the sentenced person and clearly stating the reason.
3. Within 10 days from the date of issuance of the decision on
transfer or the decision on refusal of transfer of the sentenced person, the
competent regional People’s Court shall send the decision to the People’s
Procuracy at the same level, the province-level People’s Procuracy, the
Ministry of Public Security, the person proposed for transfer, and his or her
lawyer or lawful representative (if any). If the case falls under the special case prescribed at Point
c Clause 1 Article 32 of this Law, the time limit for the competent regional
People’s Court to send the decision on transfer or the decision on refusal of
transfer is 5 days.
Article
41. Appellate meeting to review the decision on transfer or the decision on
refusal of transfer
1. The person proposed for transfer or his or her lawful
representative has the right to appeal within 15 days from the date of receipt
of the decision on transfer or the decision on refusal of transfer 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 transfer or the
decision on refusal of transfer. If the case falls under the special case prescribed at Point
c Clause 1 Article 32 of this Law, the time limit for appeal and the time limit
for protest by the People’s Procuracy at the same level is 7 days, and the time
limit for protest by the province-level People’s Procuracy is 15 days.
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 and the person
proposed for transfer or his or her lawful representative within 2 days from
the date of issuance of the protest decision.
The competent regional
People’s Court must send the dossier and the appeal or protest to the competent
province-level People’s Court within 7 days from the expiry of the time limit
for appeal or protest.
2. Within 20 days from the date of receipt of the dossier and
the appeal or protest, the province-level People’s Court shall open an
appellate meeting to review the appealed or protested decision on transfer or
decision on refusal of transfer of the first-instance court. If the case falls under the
special case prescribed at Point c Clause 1 Article 32 of this Law, the time
limit for the province-level People’s Court to open the appellate meeting is 7
days.
3. The appellate meeting shall be conducted by 1 Judge, with
the participation of 1 Procurator of the People’s Procuracy at the same level,
and shall follow the following order:
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b) The Judge asks the
person proposed for transfer or his or her lawful representative whether there
is any change to, supplementation of, or withdrawal of the appeal; if so, the
Judge shall request the Procurator to present an opinion on such change to,
supplementation of, or withdrawal of the appeal.
The Judge asks the
Procurator whether there is any change to, supplementation of, or withdrawal of
the protest; if so, the Judge shall request the person proposed for transfer,
the lawyer, or the lawful representative of the person proposed for transfer to
present an opinion on such change to, supplementation of, or withdrawal of the
protest;
c) The Procurator, the
person proposed for transfer, the lawyer, and the lawful representative of the
person proposed for transfer state their opinions on the contents of the appeal
or protest; the Procurator states the position of the People’s Procuracy on
settlement of the appeal or protest.
4. On the basis of the results of the appellate meeting, 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 remitting the dossier to the competent regional
People’s Court for reconsideration;
d) Setting aside the first-instance
decision and terminating consideration of the request for transfer in
accordance with Clause 3 Article 39 of this Law;
dd) Terminating appellate
review.
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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 and is final.
The decision of the
appellate court must be sent immediately to the first-instance court, the
first-instance Procuracy, the People’s Procuracy at the same level, the person
proposed for transfer, and his or her lawyer or lawful representative (if any).
Article
42. Enforcement of the decision on transfer of sentenced persons
1. Within 10 days from the date on which the decision on
transfer of the sentenced person of the People’s Court takes legal effect, the
Chief Justice of the regional People’s Court that issued the first-instance
decision must issue the decision on enforcement of the decision on transfer. If the case falls under the
special case prescribed at Point c Clause 1 Article 32 of this Law, the time
limit for issuing the decision on enforcement of the decision on transfer is 5
days. The
decision on enforcement of the decision on transfer takes effect from the date
of signing for issuance.
2. The decision on enforcement of the decision on transfer must
be sent to the People’s Procuracy at the same level, the Ministry of Public
Security, the competent authority of the receiving State, and the transferred
person or his or her lawful representative.
3. The Ministry of Public Security shall notify the competent
authority of the receiving State in writing and organize enforcement of the
transfer. Transfer
of the sentenced person must be carried out within 45 days from the date on
which the decision on enforcement of the decision on transfer takes effect,
unless otherwise agreed. If the case falls under the special case prescribed at Point
c Clause 1 Article 32 of this Law, the time limit for transfer of the sentenced
person is 15 days.
4. The Government provides detailed provisions on Clause 3 of
this Article.
Article
43. Annulment of the decision on transfer of a sentenced person and the
decision on enforcement of the decision on transfer
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a) The sentenced person or
his or her lawful representative withdraws the application for transfer or
expresses in writing the wish not to be transferred;
b) The receiving State
withdraws the request for transfer;
c) The sentenced person
dies or escapes from Vietnam;
d) Other cases in which
handover of the sentenced person cannot be carried out.
2. A decision on transfer of a sentenced person that has taken
legal effect shall be annulled in the following cases:
a) The cases prescribed at
Points b, c and d Clause 1 of this Article;
b) The decision on
enforcement of the decision on transfer of the sentenced person is annulled.
3. A decision on enforcement of the decision on transfer of the
sentenced person shall be annulled in the following cases:
a) The case prescribed at
Point a Clause 2 of this Article;
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c) The competent authority
of the receiving State fails to receive the transferred person at the agreed
time and place without legitimate reasons, or the transfer is not carried out
within the time limit prescribed in Clause 3 Article 42 of this Law.
4. Within 5 working days from the date of receipt of
notification from the Ministry of Public Security, the Chief Justice of the
competent People’s Court shall annul the decision on transfer of the sentenced
person prescribed in Clauses 1 and 2 of this Article and annul the decision on
enforcement of the decision on transfer of the sentenced person prescribed in
Clause 3 of this Article. These decisions take effect from the date of signing for
issuance and must be immediately sent to the People’s Procuracy at the same
level, the Ministry of Public Security, the competent authority of the
receiving State, and the sentenced person or his or her lawful representative.
5. Consideration of the request for transfer of the sentenced
person in the cases prescribed at Points a and b Clause 1 and Point c Clause 3
of this Article shall only be carried out after at least 3 years from the date on
which the decision annulling the decision on transfer of the sentenced person
or the decision on enforcement of the decision on transfer of the sentenced
person takes legal effect.
Article
44. Handover of the transferred person
1. The Ministry of Public Security shall organize handover of
the transferred person at the time and place agreed in writing with the
competent authority of the receiving State.
2. The Government shall elaborate this Article.
Article
45. Review of the judgment rendered in respect of the transferred person
The judgment rendered in
respect of a person serving a sentence in Vietnam who is transferred to a
foreign country may only be reviewed by a People’s Court of Vietnam under
cassation or reopening procedures in accordance with the law on criminal
procedure.
Article
46. Exchange of information on the status of serving the sentence of the
transferred person
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2. The Ministry of Public Security shall promptly notify the
competent authority of the receiving State in writing when:
a) The sentenced person is
granted remission or reduction of the term of imprisonment, general amnesty,
special amnesty, conditional early release, or is prosecuted for another
criminal offence;
b) A People’s Court of
Vietnam reviews the judgment rendered in respect of the transferred person
under cassation or reopening procedures, and of the legal consequences of such
cassation or reopening.
Chapter
IV
IMPLEMENTATION
PROVISIONS
Article
47. 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 amended
by Law No. 81/2025/QH15 ceases to be effective from the date on which this Law
comes into force, except for the transitional case prescribed in Article 48 of
this Law, Article 45 of the Law on Extradition, 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
48. Transitional provisions
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This Law was adopted by
the 15th National Assembly of the Socialist Republic of Vietnam at its 10th
session on November 26, 2025.
PRESIDENT OF THE NATIONAL ASSEMBLY
Tran Thanh Man