Viet Nam's Law on Extradition

Below is the translation of the Law on Extradition for reference:

Pursuant to the Constitution of the Socialist Republic of Viet Nam, as amended and supplemented by Resolution No. 203/2025/QH15;

The National Assembly hereby promulgates the Law on Extradition.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides for principles, competence, conditions, order, and procedures for the execution of extradition between Viet Nam and foreign countries; and responsibilities of state agencies of Viet Nam in extradition.

Article 2. Subjects of application

This Law shall apply to agencies, organizations, and individuals of Viet Nam, as well as foreign agencies, organizations, and individuals related to extradition between Viet Nam and foreign countries.

Article 3. Interpretation of terms

In this Law, the following terms shall be construed as follows:

Extradition means the surrender by Viet Nam to a foreign country, or by a foreign country to Viet Nam, of a person who has committed an offense or a person who has been criminally convicted who is present in the territory of the surrendering country, in order for the receiving country to examine criminal responsibility or execute a criminal penalty against such person. Person subject to an extradition request means a person who has committed an offense or a person who has been criminally convicted in the requesting country, provided that the conduct constitutes an offense under the laws of both the requesting country and the requested country.

Article 4. Application of law and principles of extradition

Extradition shall be carried out in accordance with the provisions of this Law; where this Law contains no relevant provisions, the provisions of criminal procedure law, criminal judgment execution law, and other relevant provisions of Vietnamese law shall apply. Extradition shall be carried out on the basis of the following principles:

a) Respect for independence, sovereignty, territorial integrity, non-interference in each other's internal affairs, equality, and mutual benefit; in conformity with the Constitution, Vietnamese law, and international treaties to which the Socialist Republic of Viet Nam is a signatory;

b) In cases where Viet Nam and the foreign country are not co-signatories to an international treaty on extradition, extradition shall be conducted on the basis of the principle of reciprocity, provided that it is not contrary to Vietnamese law and is in conformity with international law and international practice.

Article 5. Application of the reciprocity principle in extradition

The application of the principle of reciprocity in extradition shall be conducted when all the following conditions are met: The Central Authority of the Socialist Republic of Viet Nam on Extradition shall decide on the application of the reciprocity principle in extradition based on the provisions of Clause 1 of this Article. Where necessary, the Central Authority of the Socialist Republic of Viet Nam on Extradition shall consult the Ministry of Foreign Affairs and relevant agencies before issuing a decision. The Government shall elaborate this Article.

a) Compliance with the principles specified in Clause 2, Article 4 of this Law;

b) The competent authority of the foreign country provides a written commitment to fulfill requests from Viet Nam under similar circumstances. In cases where Viet Nam is the requesting country, the Central Authority of the Socialist Republic of Viet Nam on Extradition provides a written commitment on the application of the reciprocity principle;

c) Conformity with practical requirements and cooperation needs regarding extradition between Viet Nam and the foreign country.

Article 6. Central Authority of the Socialist Republic of Viet Nam on Extradition

The Ministry of Public Security shall serve as the Central Authority of the Socialist Republic of Viet Nam on Extradition. The Central Authority of the Socialist Republic of Viet Nam on Extradition shall be responsible for acting as the focal point for exchanging information and documents related to extradition; guiding, preparing, sending, and receiving extradition dossier requests; presiding over and coordinating with ministries, sectors, and local authorities to review and handle extradition requests from Viet Nam and foreign countries; monitoring and urging the implementation of extradition; and exercising other duties and powers as prescribed by the law on extradition and international treaties to which the Socialist Republic of Viet Nam is a contracting party.

Article 7. Extraditable offenses and cases

An extraditable person is a person who has committed an offense punishable under both Vietnamese law and foreign law by imprisonment for a term of 01 year or more, life imprisonment, or the death penalty, or a person who has been sentenced to imprisonment by a court of the requesting country with at least 06 months of the prison sentence remaining to be served. The criminal conduct of the person specified in Clause 1 of this Article does not necessarily belong to the same category of crime or bear the same legal charge, and the constituent elements of the offense do not necessarily have to be completely identical under the laws of Viet Nam and the foreign country. In cases where a foreign extradition request involves a person who has committed multiple offenses, each constituting a crime under both Vietnamese and foreign laws, and at least one offense meets the conditions set forth in Clause 1 of this Article, Viet Nam may grant extradition for that person. Where Viet Nam is the requesting country, the Ministry of Public Security shall request the competent authority of the foreign country to agree to extradition under similar circumstances. In cases where the criminal act of the person specified in Clause 1 of this Article occurred outside the territory of Viet Nam, extradition of that person may be carried out if Vietnamese law classifies such conduct as a criminal offense.

Article 8. Form and method of transmitting extradition requests

Extradition requests shall be made in writing. Extradition dossiers shall be transmitted through diplomatic channels or through the Ministry of Public Security. The receipt and transmission of extradition dossiers may be conducted in an electronic environment in accordance with legal provisions. The Government shall elaborate this Article.

Article 9. Language in extradition

Where Viet Nam and the foreign country are both parties to an international treaty on extradition, the language used in extradition shall be the language specified in that international treaty. Where Viet Nam and the foreign country are not co-signatories to an international treaty on extradition, the extradition dossier, documents, and requests for provisional arrest prior to formal extradition request must be accompanied by a translation into the language of the requested country, or the country requested for provisional arrest, or another language accepted by the requested country. The competent Vietnamese authority preparing the extradition request, or the authority requesting provisional arrest, must translate the dossiers and documents into the language specified in Clause 1 or Clause 2 of this Article. The Government shall elaborate this Article.

Article 10. Exemption from consular legalization

Extradition request dossiers and provisional arrest requests prior to formal extradition requests shall be exempt from consular legalization if signed and stamped by the competent official or authority of the foreign country, unless otherwise provided by an international treaty to which the Socialist Republic of Viet Nam is a contracting party.

Article 11. Expenses for executing extradition requests

Where Viet Nam is the requesting country, Viet Nam shall pay the expenses incurred in the extradition process from the moment of taking custody of the extradited person, unless otherwise agreed. Where Viet Nam is the requested country, Viet Nam shall pay the expenses incurred in the extradition process up to the time of surrendering the extradited person, unless otherwise agreed. The Government shall elaborate this Article.

Article 12. Funding guaranteed for extradition work

Funding for extradition work shall be guaranteed by the state budget in accordance with the provisions of the law on state budget and other relevant legal provisions.

Article 13. Conditional extradition

In cases where a foreign country requests Viet Nam to satisfy certain conditions in order to grant extradition, the Ministry of Public Security shall, in coordination with competent Vietnamese authorities, decide whether to accept part or all of such conditions on the basis of compliance with the principles of extradition set forth in Clause 2, Article 4 of this Law. Where it is necessary to request a foreign country to satisfy certain conditions for Vietnam to agree to extradition, the Ministry of Public Security shall preside over and coordinate with competent Vietnamese authorities to request the competent foreign authority to accept and commit to fulfilling such conditions. The Government shall elaborate this Article.

Article 14. Notifications regarding the death penalty for persons subject to extradition requests

In cases where a foreign country requests Viet Nam not to impose or execute the death penalty against a person subject to an extradition request, the Ministry of Public Security shall preside over and coordinate with relevant ministries and sectors to issue one of the following written notifications: In cases where Viet Nam requests a foreign country not to execute the death penalty against a person subject to an extradition request, the Ministry of Public Security shall request the foreign country to provide a written commitment on this matter. The Minister of Public Security shall preside over and coordinate 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 elaborate this Article.

a) A notification that the death penalty will not be imposed or executed against the person subject to the extradition request, provided that the person falls within the scope of non-application or non-execution of the death penalty as provided under the Penal Code;

b) A notification that the death penalty will not be executed against the person subject to the extradition request who does not fall under Point a of this Clause, after obtaining the opinion of the President of the Socialist Republic of Viet Nam.

Article 15. Non-prosecution and non-execution of sentences for extradited persons for crimes other than those specified in the extradition request; prohibition of re-extradition to a third country

An extradited person shall not be prosecuted or subjected to sentence execution in the requesting country for an offense committed prior to extradition other than the offense specified in the extradition request, nor shall they be re-extradited to a third country, except in the following cases: The Minister of Public Security shall preside over and coordinate with the Chief Justice of the Supreme People's Court and the Procurator General of the Supreme People's Procuracy to elaborate this Article.

a) The requested country has given prior written consent. The requested country may request the submission of documents and information specified in Articles 19, 20, 21, and 22 of this Law;

b) The extradited person has failed to leave the territory of the requesting country within 30 days from the date they were free to leave, unless otherwise provided by an international treaty to which the Socialist Republic of Viet Nam is a signatory. This period shall not include the time during which the person was unable to leave the territory of the requesting country due to force majeure;

c) The extradited person has voluntarily returned after having left the territory of the requesting country.

Article 16. Transit of extradited persons

The transit of an extradited person through the territory of Viet Nam must be notified in advance in writing to the Ministry of Public Security for processing. The approval or refusal of transit shall be conducted in accordance with legal provisions. In cases where transit is granted, the requesting country shall be responsible for managing the extradited person during the transit period through Viet Nam and shall bear all transit costs in accordance with Vietnamese law, unless otherwise agreed. In cases of air transport involving an unscheduled landing in the territory of Viet Nam, the extradited person may be held in custody under Vietnamese law. The management of the extradited person and related expenses shall be carried out in accordance with Clause 2 of this Article. In cases where Viet Nam requests a foreign country to permit the transit of an extradited person, the Ministry of Public Security shall contact the foreign country to perform the clearance procedures. The Government shall elaborate this Article.

Article 17. Responsibilities of state agencies regarding extradition

The Government shall have the following responsibilities: The Ministry of Public Security shall be accountable to the Government for performing state management of extradition. The Supreme People's Court and the Supreme People's Procuracy shall coordinate with the Ministry of Public Security in performing state management of extradition. Ministries, ministerial-level agencies, and other relevant agencies, within the scope of their functions and duties, shall carry out extradition tasks in accordance with this Law and other relevant laws; and coordinate with the Ministry of Public Security in state management of extradition.

a) Uniformly perform the state management of extradition;

b) Report to the National Assembly on extradition activities within the annual report on crime prevention and control and law violations.

The Minister of Public Security shall preside over and coordinate with the Chief Justice of the Supreme People's Court and the Procurator General of the Supreme People's Procuracy to prescribe the application of science, technology, and digital transformation in extradition activities.

People's Courts and People's Procuracies at all levels shall perform extradition duties in accordance with the provisions of this Law and other relevant laws.

Chapter II

EXTRADITION FROM ABROAD TO VIET NAM

Article 18. Competent Vietnamese agencies to prepare extradition requests

The Ministry of Public Security, procedural agencies, criminal judgment execution management agencies, and criminal judgment execution agencies shall be competent to prepare extradition requests for the purpose of criminal prosecution or judgment execution. The Minister of Public Security shall preside over and coordinate with the Chief Justice of the Supreme People's Court and the Procurator General of the Supreme People's Procuracy to elaborate this Article.

Article 19. Extradition dossiers of Viet Nam

An extradition request dossier sent abroad by Viet Nam shall comprise the following documents: The extradition request dossier sent abroad by Viet Nam shall be prepared in 03 sets, unless otherwise agreed. The language used in compiling the dossier shall comply with Article 9 of this Law.

a) The written request for extradition as provided in Clause 1, Article 20 of this Law;

b) Accompanying documents as provided in Article 21 or Article 22 of this Law.

Article 20. Written extradition request of Viet Nam

A written extradition request sent abroad by Viet Nam must contain the following details: The Government shall elaborate this Article.

a) Date, month, and year of preparation of the extradition request;

b) Name, address, and contact information of the requesting agency;

c) Name of the requested agency;

d) Purpose of the extradition request;

dd) Information regarding the identity and residence of the person subject to the extradition request;

e) Summary of the facts of the case serving as the basis for the extradition request;

g) Legal grounds for initiating criminal proceedings, indicting the accused, prosecuting, bringing the case to trial, or executing the criminal judgment;

h) Information on decisions or orders issued by competent authorities against the person subject to the extradition request;

i) Information on the charges listed in the extradition request, the statutory penalty range intended to be applied, or the remaining prison sentence to be served; content of the legal provisions governing the requested offense;

k) Viet Nam's requests to the requested country;

l) Viet Nam's commitments to the requested country;

m) Other necessary information (if any).

Article 21. Accompanying documents to a written extradition request for criminal prosecution by Viet Nam

Accompanying documents to a written extradition request for criminal prosecution sent abroad by Viet Nam shall include: The Government shall elaborate this Article.

a) Facial photograph of the person subject to the extradition request;

b) Documents identifying the personal details and residence of the person subject to the extradition request;

c) Decisions or orders issued by procedural agencies or other competent authorities;

d) Documents proving the criminal acts of the person subject to the extradition request;

dd) Text of legal provisions related to the initiation of criminal proceedings, indictment, prosecution, or trial; other statutory provisions clarifying the extradition request for prosecution;

e) Other necessary documents (if any).

Article 22. Accompanying documents to a written extradition request for sentence execution by Viet Nam

Accompanying documents to a written extradition request for sentence execution sent abroad by Viet Nam shall include: The Government shall elaborate this Article.

a) The documents specified in Points a, b, c, and d of Clause 1, Article 21 of this Law;

b) The criminal judgment pronounced against the person subject to the extradition request;

c) Written notification specifying the remaining sentence time to be served by the subject;

d) Text of legal provisions regarding bringing the case to trial and other statutory provisions clarifying the extradition request for judgment execution;

dd) Other documents (if any).

Article 23. Receipt, examination, forwarding of extradition dossiers, and supplementation of information and documents

The requesting agency specified in Article 18 of this Law is responsible for sending the extradition dossier to the Ministry of Public Security for validity checks in accordance with Articles 19 and 20 of this Law, except where the requesting agency is the Ministry of Public Security itself. The Ministry of Public Security shall check the validity of the extradition dossier within 30 days from the date of receipt. Receipt of the dossier shall be recorded in the extradition registry. If valid, the Ministry of Public Security shall forward the dossier to the foreign country; if invalid, it shall return the dossier and state the reasons in writing. In cases where the foreign country requests additional information or documents, the requesting agency shall provide such additions to respond through the Ministry of Public Security, unless otherwise agreed. The Government shall elaborate Clauses 2 and 3 of this Article.

Article 24. Receipt and escort of extradited persons from abroad to Viet Nam

Upon receiving an extradition decision from the competent foreign authority, the Ministry of Public Security shall take the lead, in coordination with the Ministry of Foreign Affairs and relevant agencies, to conduct the handover and escort of the extradited person from abroad to Viet Nam. The Government shall elaborate this Article.

Article 25. Handling cases where a foreign country refuses Viet Nam's extradition request

For cases involving a foreign national who committed a crime in the territory of Viet Nam and fled abroad, where the foreign country refuses Viet Nam's extradition request, the requesting agency shall transfer the case file to the Supreme People's Procuracy to request the country where the offender is present or the country of their nationality to pursue criminal prosecution.

Chapter III

EXTRADITION FROM VIET NAM TO FOREIGN COUNTRIES

Article 26. Foreign extradition request dossiers

Extradition request dossiers submitted by foreign countries to Viet Nam must comply with the provisions of Articles 8, 9, 10, 19, 20, 21, and 22 of this Law.

Article 27. Receipt, examination of foreign extradition request dossiers, and verification of the location of the person requested

The Ministry of Public Security shall record the dossier in the extradition registry and check its validity against the conditions provided in Article 26 of this Law within 30 days from the date of receipt of the dossier. Competent Public Security authorities shall conduct location verification of the person requested who is present in Viet Nam. If the foreign extradition request dossier is invalid, the Ministry of Public Security shall return it to the foreign country, clearly stating the reasons. Where clarification or supplementation is necessary, the Ministry of Public Security shall request the foreign authority to provide supplemental materials within 60 days from the request date. If no response is received after this period, the Ministry of Public Security shall return the dossier, stating the reasons. If the dossier is valid, the Ministry of Public Security shall forward 01 set to the regional People's Court where the requested person resides, is temporarily detained, is serving a prison sentence, or is staying at a detention facility for review and decision; simultaneously, 01 set shall be forwarded to the competent regional People's Procuracy. The Government shall elaborate this Article.

Article 28. Receipt, docketing, and review of foreign extradition requests by the People's Court

Upon receiving an extradition dossier, the competent regional People's Court must record it in the receipt log. If the dossier lacks required documents as specified under Articles 19, 21, and 22 of this Law, it shall be returned with written justification. Within 07 days from receiving a complete dossier, the competent regional People's Court must formally docket the case and assign a Judge to review and decide. Within the 60-day period from docketing, the competent regional People's Court may request the foreign authority to clarify information or supplement documents through the Ministry of Public Security. The timeframe for providing additional materials is 30 days from the date the request is sent. Within the 60-day period specified in Clause 3 of this Article, the competent regional People's Court must issue one of the following decisions: The Judge shall issue a decision to terminate the review of an extradition request in any of the following cases: Upon the issuance of a decision to terminate extradition request, the foreign authority must prepare a new dossier if it wishes to pursue extradition further. The receipt, validity check, docketing, and review of extradition dossier shall be conducted pursuant to this Article and Articles 26 and 27 of this Law.

Within 03 working days from docketing, the People's Court must notify the Ministry of Public Security and the corresponding People's Procuracy in writing.

a) Decision to terminate the review of the extradition request pursuant to Clause 5 of this Article and return the dossier to the Ministry of Public Security;

b) Decision to hold a hearing to review the extradition request when all statutory conditions are met. This decision must be delivered to the requested person, their lawyer, or legal representative (if any).

Decisions under this Clause must be sent to the Ministry of Public Security and the corresponding People's Procuracy within 03 working days from the date of issuance.

a) Lack of jurisdiction;

b) The requesting foreign authority withdraws the extradition request;

c) The person requested for extradition has left Viet Nam;

d) The requesting foreign authority fails to supply supplemental information within the specified period in Clause 3 of this Article;

dd) Other reasons rendering the review of extradition request impossible.

Article 29. Extradition review hearing

Within 30 days from issuing the decision to review the extradition request, the competent regional People's Court shall convene a hearing. The Court may postpone the hearing for no more than 15 days from the date of the postponement decision under the following circumstances: The hearing shall be conducted by 01 Judge with the participation of 01 Procurator from the corresponding People's Procuracy. The hearing procedure shall proceed in the following order: The Judge shall issue one of the following decisions:

a) Absence of the Judge or Procurator for legitimate reasons;

b) First-time absence of the requested person for legitimate reasons.

The decision to postpone the hearing must be immediately notified to the corresponding People's Procuracy, the requested person, their lawyer, or legal representative (if any).

a) The Judge presents the summary of the dossier from the requesting country and legal grounds for extradition;

b) The Procurator states the Procuracy's position regarding the extradition;

c) The defense counsel, legal representative of the person subject to extradition, or other interested parties present their arguments (if any);

d) The person requested for extradition presents their statement.

a) Decision to grant extradition;

b) Decision to refuse extradition, stating the explicit reasons.

5. Within 10 days from issuing the decision, the Court shall send it to the corresponding People's Procuracy, the provincial-level People's Procuracy, the Ministry of Public Security, the requested person, and their lawyer or legal representative (if any)

Article 30. Procedures for appellate, cassation, and reopening review of decisions on extradition or refusal of extradition

1. The person requested for extradition shall have the right to file an appeal within 15 days from the date of receipt of the decision on extradition or refusal of extradition issued by the competent regional People's Court. The People's Procuracy of the same level shall have the right to file a protest within 15 days, and the provincial People's Procuracy shall have the right to file a protest within 30 days, from the date the competent regional People's Court issues the decision on extradition or refusal of extradition. The competent regional People's Court must transmit the extradition dossiers, along with the appeal or protest, to the provincial People's Court within 07 working days from the expiration 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 of the same level and relevant persons to the appeal within 05 days from the expiration of the time limit for appeal.

The People's Procuracy must send the protest decision to the first-instance Court, the person requested for extradition, and their defense counsel or legal representative within 02 days from the date of issuing the protest decision.

2. Within 20 days from the date of receipt of the extradition dossiers and the appeal or protest, the provincial People's Court shall convene a meeting to review the appealed or protested decision on extradition or refusal of extradition rendered by the first-instance Court. The appellate review of the appeal or protest against a decision on extradition or refusal of extradition shall be conducted at a meeting presided over by 01 Judge, with the participation of 01 Procurator of the People's Procuracy of the same level, and executed in accordance with the following sequence:

a) The Judge shall present a summary of the extradition request dossiers, the decision on extradition or refusal of extradition, and the contents of the appellate appeal or protest;

b) The Judge shall ask the person requested for extradition whether they modify, supplement, or withdraw the appeal; if so, the Judge shall request the Procurator to express opinions on such modification, supplementation, or withdrawal of the appeal.

The Judge shall ask the Procurator whether they modify, supplement, or withdraw the protest; if so, the Judge shall request the person requested for extradition, their defense counsel, or legal representative to express opinions on such modification, supplementation, or withdrawal of the protest;

c) The Procurator, the person requested for extradition, their defense counsel, or legal representative shall present opinions on the contents of the appeal or protest; the Procurator shall present the position of the People's Procuracy regarding the examination of the extradition request.

3. The Judge shall issue one of the following decisions:

a) Rejecting the appeal or protest and upholding the first-instance decision;

b) Amending the first-instance decision;

c) Vacating the first-instance decision and transferring the extradition request dossiers to the competent first-instance Court for re-examination;

d) Vacating the first-instance decision and terminating the examination of the extradition request;

đ) Terminating the appellate proceedings.

4. Legally effective decisions on extradition or refusal of extradition shall include:

a) Decisions of the first-instance Court that are not appealed or protested against shall take legal effect upon the expiration of the time limit for appeal or protest;

b) Decisions of the appellate Court shall take legal effect from the date of issuance.

Decisions of the appellate Court must be sent to the first-instance Court, the first-instance People's Procuracy, the People's Procuracy of the same level, the Ministry of Public Security, the person requested for extradition, and their defense counsel or legal representative (if any).

5. Cassation and reopening procedures regarding decisions on extradition or refusal of extradition shall be conducted in accordance with the provisions of the Criminal Procedure Code. Cassation or reopening procedures shall not be conducted in cases where the extradition decision has already been executed.

6. The Chief Justice of the Supreme People's Court shall preside over and coordinate with the Prosecutor 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 shall elaborate this Article.

Article 31. Examination of extradition requests from multiple countries against one person

1. In cases where the Ministry of Public Security receives extradition request dossiers from multiple countries against the same person, the Ministry of Public Security shall preside over and coordinate with the Supreme People's Court, the Supreme People's Procuracy, the Ministry of Foreign Affairs, and the Minister of Justice to review and decide on granting the extradition request to one of the requesting countries and transfer 01 set of extradition request dossiers to the competent regional People's Court for examination and decision, and concurrently transfer 01 set of extradition request dossiers to the People's Procuracy of the same level.

2. When examining extradition requests specified in Clause 1 of this Article, in addition to statutory provisions, the following relevant factors must also be considered:

a) Nationality and the last place of permanent residence abroad of the person requested for extradition;

b) The legality and degree of appropriateness of the extradition request;

c) The time and place of commission of the offense;

d) The respective interests of the requesting countries;

dd) The gravity of the offense;

e) The nationality of the victim;

g) The possibility of subsequent extradition between the requesting countries;

h) The date on which the extradition request was made;

i) Other relevant factors.

3. In cases where extradition requests from multiple countries against one person are made, and a subsequent request is received after the competent regional People's Court has accepted the prior extradition request, based on the opinions of the Supreme People's Court, the Supreme People's Procuracy, the Ministry of Foreign Affairs, and the Ministry of Justice, the Ministry of Public Security shall issue a written request to the competent regional People's Court handling the prior dossiers to return the extradition request dossiers to the Ministry of Public Security for continued examination and determination.

The Court that accepted the prior extradition request dossiers shall issue a decision to return the dossiers to the Ministry of Public Security and strike the request from the case registry.

4. The Minister of Public Security shall elaborate Clause 2 of this Article.

Article 32. Preventive measures for extradition

To ensure the execution of extradition requests, competent authorities of Viet Nam may apply preventive measures in accordance with the Criminal Procedure Code immediately after the People's Court issues a decision to examine the extradition request. Emergency detention prior to a formal extradition request shall be executed pursuant to Article 33 of this Law.

Article 33. Emergency detention prior to an extradition request

1. Where a foreign country requests Viet Nam to execute emergency detention of a person prior to an extradition request pursuant to an international treaty on extradition to which both Viet Nam and that country are contracting parties, the Ministry of Public Security shall verify the validity of the detention request document in accordance with the provisions of such international treaty.

If the detention request document is valid, the Ministry of Public Security shall immediately transfer it to the competent Police authority to issue a detention decision and place the person in a accommodation facility pursuant to Clauses 4, 5, 6, 7, and 8 of this Article.

The duration of detention and the contents of the emergency detention request document prior to an extradition request shall be subject to the provisions of such international treaty.

2. Where a foreign country requests Viet nam to execute emergency detention of a person prior to an extradition request, but Viet Nam and that country are not joint contracting parties to an international treaty on extradition, the Ministry of Public Security shall verify the validity of the detention request document pursuant to Clause 3 of this Article.

If the detention request document is valid, the Ministry of Public Security shall immediately transfer it to the competent Police authority to issue a detention decision and place the person in a accommodation facility pursuant to Clauses 4, 5, 6, 7, and 8 of this Article.

The duration of emergency detention shall be 45 days from the date the person is placed in the accommodation facility.

3. An emergency detention request document prior to an extradition request specified in Clause 2 of this Article shall contain the following:

a) Date, month, and year of the request;

b) Name, address, and contact information of the competent foreign authority making the request;

c) Reasons for and purpose of the request;

d) Personal identity information and place of residence of the requested person;

dd) Information regarding the offense charged in the request and the applicable statutory penalty range for the requested person, or the remaining period of sentence to be served;

e) Summary of the facts of the case forming the basis for the request;

g) Information on decisions or warrants issued against the requested person by competent foreign authorities;

h) A commitment to submit a formal extradition request within 45 days from the date of issuance of the emergency detention request document;

i) A commitment to pay damages in the event of wrongful or unjust emergency detention prior to the extradition request;

k) A commitment that the information and documents provided in the emergency detention request are accurate and true; collected and issued under proper authority; and compliant with foreign law;

l) A commitment that the person subject to emergency detention prior to the extradition request and the person named in the procedural decisions are the same individual;

m) A commitment that the requested person committed an ordinary criminal offense, not a political offense or military offense under international treaties to which the Socialist Republic of Viet Nam is a signatory.

4. Competent Police officers authorized to decide on detention and placement in accommodation facilities under Clauses 1 and 2 of this Article shall include:

a) Directors of competent departments under the Ministry of Public Security;

b) Directors of Provincial or Municipal Police Departments;

c) Heads of competent divisions under Provincial or Municipal Police Departments.

5. Competent persons specified in Clause 4 of this Article may authorize their deputies to execute the authority to order emergency detention prior to an extradition request and placement in accommodation facilities during their absence. The decision on delegation of authority must be made in writing, specifying the scope, content, and period of delegation. The authorized deputy shall be accountable to the head and to the law for the exercise of delegated powers. The authorized deputy shall not sub-delegate this power.

6. Decisions on detention and placement in accommodation facilities under this Article must be executed in writing, with one copy served on the detained person, clearly specifying:

a) Hour, date, month, and year of issuance;

b) Full name, rank, position, agency, and unit of the decision maker;

c) Legal grounds for detention, applicable clauses and articles of legal instruments, and reasons for detention;

d) Nationality, passport number, or valid substitute travel document number;

dd) Duration of detention; accommodation facility of detention;

e) Signature and organizational seal of the competent official issuing the detention decision.

7. Accommodation facilities under this Article shall include:

a) Accommodation facilities of the Ministry of Public Security;

b) Accommodation facilities designated by the Ministry of Public Security.

8. Rights, obligations, entitlements of the person detained under emergency measures prior to an extradition request, and other related matters shall be governed by law.

9. The Minister of Public Security shall elaborate this Article.

Article 34. Simplified extradition

Where the person requested for extradition files an application consenting to extradition, the competent regional People's Court shall, based on the opinion of the Ministry of Public Security, consider applying or refusing to apply simplified extradition procedures. The sequence and procedures for applying simplified extradition shall be conducted as follows:

a) The People's Court accepts the extradition request file in accordance with Clauses 1 and 2 of Article 28 of this Law;

b) Within 15 days from the date of receipt of the written consent to extradition from the requested person, the People's Court shall verify that the requested person voluntarily consents to extradition and fully understands the legal consequences thereof;

c) Within 15 days from the date of completion of the verification of consent, the People's Court shall convene a session to examine the extradition request pursuant to Article 29 of this Law, without having to issue a decision to examine the extradition request pursuant to Point b, Clause 4, Article 28 of this Law.

Article 35. Execution of extradition decisions

Within 10 days from the date the extradition decision 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 an execution order for the extradition decision. The execution order for the extradition decision must be transmitted to the Ministry of Public Security, the People's Procuracy of the same level, competent authorities of the requesting country, the extradited person, and their legal representative (if any). The transmission of the execution order to the requesting country shall be routed through the Ministry of Public Security. Upon receipt of the execution order for the extradition decision, the Ministry of Public Security shall organize execution through the following procedure:

a) Direct competent Police agencies to arrest the extradited person in accordance with the Criminal Procedure Code;

b) Reach an agreement with the requesting country on the time and location for surrendering the extradited person;

c) Direct the surrender of the extradited person, documents, articles, and property pursuant to Article 36 and Article 37 of this Law.

Article 36. Surrender of extradited persons

Competent Police authorities shall organize the escort of the extradited person at the time and location agreed upon between Viet Nam and the foreign country. Escorting the extradited person shall comply with the Criminal Procedure Code. The time limit for surrendering the extradited person is 30 days from the date the execution order for extradition takes legal effect. In cases of force majeure or legitimate grounds, the time and location of surrender shall be agreed upon between the Ministry of Public Security and competent foreign authorities. Upon expiration of the time limit specified in Clause 2 of this Article, if the requesting country fails to receive the extradited person without legitimate reasons, the Ministry of Public Security shall propose to the Chief Justice of the People's Court that issued the execution order to vacate both the execution order and the extradition decision, release the person, and notify the requesting country. These decisions shall be transmitted to the People's Procuracy of the same level within 03 working days from the date of issuance. The Minister of Public Security shall preside over and coordinate with the Chief Justice of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy, the Minister of Justice, the Minister of National Defense, and the Minister of Foreign Affairs to elaborate this Article.

Article 37. Transfer of documents, articles, and property

Where it is necessary to transfer documents, articles, or property related to the extradited person to the requesting country, the Ministry of Public Security shall transfer such items in compliance with international treaties to which Viet Nam and the requesting country are contracting parties on the basis of respect for third-party rights at the time of surrender or another time agreed upon with the requesting country. For non-transferable documents, articles, or property subject to mandatory destruction, the Ministry of Public Security shall notify the requesting country and request the custodial agency to destroy them in accordance with Vietnamese law.

Article 38. Postponement and resumption of execution of extradition decisions

Where a person subject to an execution order for extradition is being prosecuted for criminal liability or serving a sentence in the territory of Viet Nam for an offense other than the offense requested for extradition, the Chief Justice of the People's Court that issued the execution order shall—ex officio or upon the request of the People's Procuracy, competent Police authorities conducting the prosecution, or the criminal execution authority—issue a decision to postpone the execution of the extradition decision. The postponement period ends upon completion of the criminal prosecution or upon full or partial service of the imposed sentence.

The postponement decision shall be sent to the Ministry of Public Security, the People's Procuracy of the same level, and agencies specified in Clause 1 of this Article within 03 working days from the date of issuance. The Ministry of Public Security shall immediately notify the requesting country in writing of the postponement.

Upon expiration of the postponement period specified in Clause 1 of this Article, the Chief Justice of the People's Court that issued the postponement decision shall revoke the postponement decision and order the resumption of execution; concurrently transmitting the decision together with relevant dossiers to the Ministry of Public Security for continued execution as agreed with the requesting country. Procedures for resuming execution shall follow Articles 35, 36, and 37 of this Law. The Chief Justice of the Supreme People's Court shall preside over and coordinate with the Prosecutor 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 to elaborate this Article.

Article 39. Temporary extradition

Where postponement of execution under Clause 1, Article 38 of this Law would bar foreign criminal prosecution due to statute of limitations expiration or cause severe hardship to prosecution of the requested offense, upon request of the requesting country via the Ministry of Public Security, and based on opinions of the People's Procuracy, competent Police authorities, or criminal execution authorities, the Chief Justice of the People's Court issuing the postponement may issue a decision on temporary extradition. Execution of temporary extradition shall follow Articles 35, 36, and 37 of this Law. Temporarily extradited persons must be surrendered back to Viet Nam immediately upon completion of criminal proceedings in the requesting country or upon expiration of the agreed temporary extradition period, to resume criminal prosecution or sentence execution in Viet Nam. The temporary extradition decision lapses once the person is returned to Viet Nam. If the requesting country submits no new extradition request after the conclusion of criminal prosecution or sentence service in Viet Nam, the Chief Justice of the issuing People's Court shall order resumption of the original execution order. Where a new extradition request is submitted, upon proposal by the Ministry of Public Security, the Chief Justice may vacate the original extradition decision and execution order to examine the new request under this Law, provided there are legitimate grounds.

Article 40. Re-extradition

Where an extradited person flees foreign prosecution or sentence execution and returns to Viet Nam, the requesting country may submit a re-extradition request accompanied by the dossier specified in Article 26 of this Law. In such cases, the first-instance People's Court shall issue a re-extradition decision without conducting the examination proceedings under Article 29 of this Law.

Execution of re-extradition decisions shall follow Articles 35, 36, and 37 of this Law.

Article 41. Refusal of extradition

The competent People's Court must refuse extradition in any of the following circumstances:

a) Non-compliance with the principles set forth in Clause 2, Article 4 of this Law;

b) The offense requested for extradition fails to satisfy Article 7 of this Law;

c) The requested person is a Vietnamese citizen;

d) Expiration of the statute of limitations for criminal prosecution or sentence execution under Vietnamese law;

dd) The requested person has already been convicted by a legally effective judgment of a Vietnamese Court, acquitted, exempted from criminal liability, exempted from serving penalties for the acts specified in the request, or the case has been terminated under Vietnamese law;

e) Risk that the requested person may be subjected to persecution, torture, or cruel, inhuman, or degrading treatment or punishment in the requesting country;

g) The request is made for reasons of race, religion, gender, nationality, ethnic origin, social status, or political opinion, or the person may suffer unfair treatment during prosecution or sentence execution for these reasons.

The competent People's Court may refuse extradition in any of the following circumstances:

a) The offense in the request is political or military under international treaties to which Viet Nam is a signatory;

b) The requested person is currently being prosecuted for criminal liability in Viet Nam for the acts specified in the request.

Where there are solid grounds that the requested person falls under mandatory refusal grounds in Clause 1 of this Article, the Ministry of Public Security shall notify the requesting country.

The Minister of Public Security shall elaborate this Clause.

Article 42. Handling cases where Viet Nam refuses extradition of Vietnamese citizens

If Viet Nam refuses extradition of a Vietnamese citizen for criminal prosecution, upon request of the foreign country, criminal liability examination shall follow the Criminal Code and mutual legal assistance in criminal matters law. If Viet Nam refuses extradition of a Vietnamese citizen for sentence execution, upon request, the court issuing the refusal may consider foreign requests to recognize and enforce foreign criminal judgments under the Criminal Code, Criminal Procedure Code, Law on Execution of Criminal Judgments, and mutual legal assistance law.

Article 43. Handling cases where Viet Nam refuses extradition of foreign nationals

If Viet Nam refuses extradition of a foreign national and the foreign country requests criminal prosecution, the Ministry of Public Security shall lead and coordinate with the Supreme People's Court and Supreme People's Procuracy to consider applying Clause 1, Article 42 of this Law.

Chapter IV

IMPLEMENTING PROVISIONS

Article 44. Entry into force

This Law takes effect on July 1, 2026. Law on Mutual Legal Assistance No. 08/2007/QH12, amended and supplemented by Law No. 81/2025/QH15, shall cease to be effective from the date this Law takes effect, except for transitional cases under 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 formulated or received by the Ministry of Public Security prior to the effective date of this Law shall continue to be examined and resolved in accordance with 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 15th National Assembly of the Socialist Republic of Viet Nam at its 10th session on November 26, 2025.

CHAIRMAN OF THE NATIONAL ASSEMBLY

(Signed)

Tran Thanh Man