Viet Nam's Law on Mutual Legal Assistance in Criminal Matters

LAW ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS

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

The National Assembly hereby enacts the Law on Mutual Legal Assistance in Criminal Matters.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides for principles, competence, sequences, and procedures for implementing mutual legal assistance in criminal matters between Viet Nam and foreign countries; and responsibilities of Vietnamese state agencies in mutual legal assistance in criminal matters.

Article 2. Subjects of application

This Law shall apply to Vietnamese agencies, organizations, and individuals, as well as foreign agencies, organizations, and individuals involved in mutual legal assistance in criminal matters between Viet Nam and foreign countries.

Article 3. Interpretation of terms

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

1. Mutual legal assistance in criminal matters means the provision of assistance between Viet Nam and foreign countries, through competent state agencies, in executing verification, investigation, and evidence collection, or performing other activities to serve the settlement of criminal matters, criminal cases, and execution of judgments.

2. Requesting state means a state sending a request for mutual legal assistance in criminal matters to a requested state for consideration and assistance in execution.

3. Requested state means a state requested to execute mutual legal assistance in criminal matters.

4. Requesting authority means an authority competent under the law to request a foreign country to execute mutual legal assistance in criminal matters to settle a criminal matter, criminal case, or execute a judgment.

5. Executing authority means an authority competent under the law assigned to execute mutual legal assistance in criminal matters in Viet Nam or in a foreign country.

Article 4. Application of law

1. Mutual legal assistance in criminal matters shall be executed in accordance with the provisions of this Law; where this Law does not provide for a matter, the provisions of criminal procedure code and other relevant provisions of Vietnamese law shall apply.

2. The application of foreign law shall only be carried out in accordance with international treaties to which the Socialist Republic of Viet Nam is a signatory.

Article 5. Principles of mutual legal assistance in criminal matters

1. Mutual legal assistance in criminal matters shall be executed on the principles of respect for independence, sovereignty, territorial integrity, non-interference in each other's internal affairs, equality, and mutual benefit, in accordance with the Constitution and law of Viet Nam and relevant international treaties to which the Socialist Republic of Viet Nam is a signatory.

2. Where Viet Nam and a foreign country are not co-contracting parties to an international treaty on mutual legal assistance in criminal matters, mutual legal assistance in criminal matters shall be executed on the principle of reciprocity, provided that it is not contrary to Vietnamese law and complies with international law and international practice.

Article 6. Central Authority of the Socialist Republic of Viet Nam in mutual legal assistance in criminal matters

1. The Supreme People's Procuracy shall act as the Central Authority of the Socialist Republic of Viet Nam in mutual legal assistance in criminal matters.

2. The Central Authority of the Socialist Republic of Viet Nam in mutual legal assistance in criminal matters shall serve as the focal point for information exchange, receipt, transfer, monitoring, and urging of mutual legal assistance in criminal matters; refuse or postpone requests for mutual legal assistance in criminal matters within its competence; coordinate with relevant agencies to consider and resolve requests for mutual legal assistance in criminal matters; propose the conclusion of, accession to, and implementation of international treaties on mutual legal assistance in criminal matters; and perform other duties and powers as prescribed by the law on mutual legal assistance in criminal matters and international treaties to which the Socialist Republic of Viet Nam is a signatory.

Article 7. Application of the reciprocity principle in mutual legal assistance in criminal matters

1. The Supreme People's Procuracy shall decide on the receipt and processing of requests for mutual legal assistance in criminal matters from foreign countries and the transmission of requests for mutual legal assistance in criminal matters from Viet Nam on the principle of reciprocity.

2. Where necessary, the Supreme People's Procuracy shall consult the Ministry of Foreign Affairs and relevant agencies before making a decision.

Article 8. Language of dossiers of request for mutual legal assistance in criminal matters

1. Where Viet Nam and a foreign country are co-contracting parties to an international treaty on mutual legal assistance in criminal matters, the language used in a dossier of request for mutual legal assistance in criminal matters shall be the language specified in such international treaty.

Where Viet Nam and a foreign country are not co-contracting parties to an international treaty on mutual legal assistance in criminal matters, the dossier of request for mutual legal assistance in criminal matters shall be accompanied by a translation into the language of the requested state or another language acceptable to the requested state.

3. Requesting authorities of Viet Nam shall translate documents specified in Clause 1, Article 19 of this Law into the language prescribed in Clauses 1 and 2 of this Article.

Article 9. Scope of mutual legal assistance in criminal matters

The scope of mutual legal assistance in criminal matters shall include:

1. Service of procedural documents;

2. Search and seizure;

3. Confiscation, return, and handling of physical evidence and assets;

4. Arranging for persons in the requested state to travel to the requesting state to assist in investigation or provide evidence;

5. Arranging for authorized persons of the requesting state to travel to the requested state to be present during the execution of mutual legal assistance in criminal matters;

6. Temporary transfer of persons in temporary detention or serving imprisonment sentences in the requested state to the requesting state to assist in investigation or provide evidence;

7. Taking statements in person, online, or through other forms of evidence collection and provision;

8. Transfer of criminal prosecution;

9. Exchange of information;

10. Other forms of assistance.

Article 10. Exemption from consular legalization

Dossiers of request and results of execution of requests for mutual legal assistance in criminal matters shall be exempt from consular legalization if signed and sealed by competent persons or agencies of the foreign country, unless otherwise provided by international treaties to which the Socialist Republic of Viet Nam is a contracting party.

Article 11. Assurance of safety

1. When requesting a person to be present in the territory of the requesting state to assist in investigation or provide evidence, the requesting state must commit in writing that:

a) Such person shall not be criminally prosecuted in the territory of the requesting state for acts committed prior to their departure from the requested state;

b) Such person shall not be arrested or subjected to any other measures restricting personal liberty in the territory of the requesting state for acts committed prior to their departure from the requested state, except for cases specified in Clause 1, Article 35 and Clause 1, Article 37 of this Law;

c) Such person shall not be required to provide evidence or assist in any criminal investigation outside the scope specified in the request for legal assistance, unless they consent thereto.

2. A person who refuses to travel to the requesting state to assist in investigation or provide evidence shall not be subject to any penalty or coercive measure.

3. A person who agrees to travel to the requesting state to assist in investigation or provide evidence shall not be criminally prosecuted for their statements, except in cases of false testimony.

4. The right not to be criminally prosecuted, arrested, or subjected to restrictions on liberty specified in Points a and b, Clause 1 of this Article shall terminate if such person does not leave the requesting state within 15 days from the date of receiving written notification from the competent authority of the requesting state that their presence is no longer required in that territory. This time limit shall exclude any period during which the person is unable to leave the requesting state due to force majeure.

Article 12. Information confidentiality and limitations on use

1. Information, documents, and evidence provided by competent agencies shall only be used for the purposes stated in the request for mutual legal assistance in criminal matters, and shall not be disclosed or transferred to third parties. In case of using information, documents, or evidence outside the purposes stated in the request, prior written consent from the competent authority of the other state is required.

2. Information, documents, and evidence provided by the competent authority of the requested state must be protected against distortion, alteration, or unauthorized disclosure. Upon request of the requesting state or where necessary, the competent authority of the requested state shall decide on the application of appropriate measures to maintain information confidentiality.

3. Where a request for confidentiality cannot be complied with, the competent authority of the requested state shall notify and state the reasons therefor, and consult with the competent authority of the requesting state on alternative measures (if any).

Article 13. Delivery and receipt of documents, physical evidence, and assets related to mutual legal assistance in criminal matters

1. The delivery and receipt of documents, physical evidence, and assets related to mutual legal assistance in criminal matters between the Supreme People's Procuracy and requesting authorities or executing authorities in Viet Nam shall be carried out in accordance with Vietnamese law.

2. The delivery and receipt of documents, physical evidence, and assets related to mutual legal assistance in criminal matters between the Supreme People's Procuracy and competent authorities of foreign countries shall be agreed upon by both sides, in accordance with international treaties to which both countries are contracting parties, as well as relevant Vietnamese and foreign laws.

Article 14. Consideration of requests related to the death penalty

1. Where a foreign country requests Viet Nam not to impose or execute the death penalty as a condition to execute a request for mutual legal assistance in criminal matters, the Supreme People's Procuracy shall preside over and coordinate with relevant agencies to issue one of the following notices:

a) Notice of non-imposition or non-execution of the death penalty against the person involved in the request for mutual legal assistance in criminal matters, if such person falls within the cases where the death penalty is not applied or executed under the provisions of the Penal Code;

b) Notice of non-execution of the death penalty against the person involved in the request for mutual legal assistance in criminal matters if such person does not fall under Point a of this Clause, after obtaining the opinion of the President of the Socialist Republic of Viet Nam.

2. Where Viet Nam requests a foreign country not to impose or execute the death penalty as a condition to execute a request for mutual legal assistance in criminal matters, the Supreme People's Procuracy shall request the foreign country to provide a written commitment to this effect.

3. The Prosecutor General of the Supreme People's Procuracy shall preside over and coordinate with the Chief Justice of the Supreme People's Court, the Minister of Public Security, the Minister of National Defense, the Minister of Justice, and the Minister of Foreign Affairs to elaborate on this Article.

Article 15. Costs for executing requests for mutual legal assistance in criminal matters

1. Where Viet Nam and a foreign country are co-contracting parties to an international treaty on mutual legal assistance in criminal matters, the costs incurred in mutual legal assistance in criminal matters shall be handled in accordance with such international treaty.

2. Where Viet Nam and a foreign country are not co-contracting parties to an international treaty on mutual legal assistance in criminal matters, unless otherwise agreed, costs incurred in mutual legal assistance in criminal matters shall be borne by the requested state, except for the following costs which shall be borne by the requesting state:

a) Costs for transferring or conveying persons and expenses to which such persons may be entitled during the execution of requests for mutual legal assistance in criminal matters as specified in Clauses 4, 5, and 6, Article 9 of this Law;

b) Costs for escorting officers or guards;

c) Expertise and evaluation costs;

d) Interpretation, translation, and document copying costs;

dd) Costs for gathering evidence via videoconferencing or other technical means;

e) Other extraordinary costs incurred which the requested state requests the requesting state to pay.

3. The Government shall elaborate on this Article.

Article 16. Funding for mutual legal assistance in criminal matters

Funding for mutual legal assistance in criminal matters shall be guaranteed by the state budget in accordance with the law on the state budget and other relevant legal provisions.

Article 17. Execution of mutual legal assistance in criminal matters between Viet Nam and neighboring countries sharing land borders

1. Requesting authorities and executing authorities of provinces and centrally-run cities sharing land borders between Viet Nam and foreign countries may directly execute mutual legal assistance in criminal matters in cases specified in international treaties between Viet Nam and foreign countries.

Provincial People's Procuracies of provinces and centrally-run cities sharing land borders between Viet Nam and foreign countries shall be responsible for sending and receiving requests for mutual legal assistance in criminal matters submitted by requesting authorities of border provinces and cities; and concurrently report to the Supreme People's Procuracy for monitoring, coordination, follow-up, and management of legal assistance activities.

2. The sequences and procedures for executing mutual legal assistance in criminal matters between Viet Nam and neighboring countries sharing land borders as provided in this Article shall follow mutatis mutandis the provisions of Chapter II and Chapter III of this Law.

Article 18. Responsibilities of state agencies in mutual legal assistance in criminal matters

1. The Supreme People's Procuracy shall perform uniform state management of mutual legal assistance in criminal matters nationwide; report to the National Assembly on mutual legal assistance work in its annual work reports; guide competent authorities in executing legal assistance; and fulfill other duties and powers of the Central Authority of the Socialist Republic of Viet Nam in mutual legal assistance in criminal matters.

2. The Government shall coordinate with the Supreme People's Procuracy in managing mutual legal assistance in criminal matters; and direct Ministries, Ministerial-level agencies, and Governmental agencies in legal assistance activities.

3. People's Procuracies shall exercise the power to prosecute and supervise legal assistance in criminal matters; other competent procedural agencies, judgment execution agencies, and relevant organizations, within their duties and powers, shall execute mutual legal assistance in criminal matters in accordance with this Law and other relevant legal provisions.

The Prosecutor General of the Supreme People's Procuracy shall preside over and coordinate with the Chief Justice of the Supreme People's Court, the Minister of Public Security, the Minister of National Defense, the Minister of Justice, and the Minister of Foreign Affairs to specify the coordination in exercising duties, powers, and responsibilities of the Procuracies and other agencies regarding prosecution and supervision of legal assistance in criminal matters.

4. The Supreme People's Court, Ministries, Ministerial-level agencies, and Governmental agencies, within the scope of their duties and powers, shall be responsible for coordinating with the Supreme People's Procuracy in managing mutual legal assistance in criminal matters.

Chapter II

REQUESTS FOR MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS FROM VIET NAM

Article 19. Dossier of request for mutual legal assistance in criminal matters from Viet Nam

1. A dossier of request for mutual legal assistance in criminal matters sent by Viet Nam to a foreign country shall include the following documents:

a) Written request for mutual legal assistance in criminal matters from Viet Nam as specified in Clause 1, Article 20 of this Law;

b) Other relevant documents (if any).

2. Dossiers of request for mutual legal assistance in criminal matters from Viet Nam shall be prepared in three (03) sets, unless otherwise agreed upon. The language used to prepare the dossier shall comply with Article 8 of this Law.

Article 20. Written request for mutual legal assistance in criminal matters from Viet Nam

1. A written request for mutual legal assistance in criminal matters sent by Viet Nam to a foreign country must contain the following principal details:

a) Name of the requesting authority;

b) Legal grounds for the request;

c) Name of the Central Authority of the requested state;

d) Full names and addresses of individuals or organizations related to the request;

dd) Purpose of the request;

e) Information on the criminal matter, criminal case, or execution of judgment;

g) Applicable statutory provisions of Vietnamese law regarding criminal offenses and penalties;

h) Specific matters requested for foreign assistance;

i) Time limit for notification of execution results (if any);

k) Information confidentiality requirements (if any).

2. The Prosecutor General of the Supreme People's Procuracy shall elaborate on this Article.

Article 21. Preparation and submission of requests for mutual legal assistance in criminal matters

1. Vietnamese agencies competent to prepare requests shall include:

a) The Central Authority of the Socialist Republic of Viet Nam for Mutual Legal Assistance in Criminal Matters;

b) Investigating authorities;

c) Procuracies;

d) Courts;

dd) Criminal judgment execution agencies and civil judgment execution agencies;

e) Other agencies as provided for by law.

2. When a need arises to request a foreign country to provide mutual legal assistance in criminal matters, the requesting agency shall prepare a dossier requesting mutual legal assistance in criminal matters in accordance with Article 19 of this Law and submit it to the Supreme People's Procuracy.

Within ten (10) days from the date of receipt of the dossier, the Supreme People's Procuracy shall enter it into the docket and examine its validity. If the dossier is valid, the Supreme People's Procuracy shall forward it to the competent authority of the foreign country in accordance with the international treaty to which the Socialist Republic of Viet Nam is a signatory, or transmit it to the Ministry of Foreign Affairs in cases where Viet Nam and the foreign state are not parties to the same international treaty, or where the international treaty to which the Socialist Republic of Viet Nam is a contracting party provides for transmission via diplomatic channels, and concurrently notify the requesting agency. If the dossier is invalid, the Supreme People's Procuracy shall return it to the requesting agency, clearly stating the reasons, and request supplementary information or instruct the re-formulation of the request.

4. Within five (05) working days from the date of receipt of the request dossier, the Ministry of Foreign Affairs shall be responsible for transmitting the dossier via diplomatic channels to the competent authority of the foreign country to assist in its execution.

5. In cases where the Supreme People's Procuracy is required to directly prepare a request for mutual legal assistance in criminal matters pursuant to the provisions of an international treaty to which the Socialist Republic of Viet Nam is a party or the laws of a foreign country, the requesting agency shall be responsible for providing relevant information and documents to the Supreme People's Procuracy.

6. In cases where, after sending the request dossier to the competent authority of a foreign country, the requesting agency deems that the request for mutual legal assistance in criminal matters is no longer necessary, it shall immediately notify the Supreme People's Procuracy in writing so that the latter may inform the competent authority of the foreign country regarding the termination of the request.

7. The receipt and transmission of written documents, materials, and dossiers may be conducted via electronic means in accordance with the law.

Article 22. Supplementation of information

1. Upon receiving a request from a competent authority of a foreign country to supplement or clarify information related to a case, matter, execution of a judgment, or other contents of a request for mutual legal assistance in criminal matters, the Supreme People's Procuracy shall notify the requesting agency in writing to execute the request, specifying a time limit. The requesting agency shall issue a written document supplementing or clarifying the information and submit it to the Supreme People's Procuracy.

2. In cases where the competent authority of a foreign country requests supplementation or clarification of information concerning the provisions of Vietnamese law, the Supreme People's Procuracy shall provide such information directly to the competent authority of the foreign state.

3. Where necessary, the Supreme People's Procuracy shall preside over and coordinate with the requesting agency and other relevant bodies to reach consensus on the contents to be supplemented or clarified.

Article 23. Notification of results of mutual legal assistance requests in criminal matters

1. Within five (05) working days from the date of receipt of the execution results from the foreign country, the Supreme People's Procuracy shall forward the results to the requesting agency.

2. Upon receiving the execution results, if the requesting agency finds that the results are unclear or incomplete, it may request the Supreme People's Procuracy to ask the competent authority of the foreign country for supplementation or clarification.

3. Upon receiving the request specified in Clause 2 of this Article, the Supreme People's Procuracy shall request the competent authority of the foreign country to supplement or clarify the results of the execution of the request for mutual legal assistance in criminal matters.

Article 24. Legal validity of results of execution of requests for mutual legal assistance in criminal matters

The results of the execution of requests for mutual legal assistance in criminal matters, carried out in accordance with this Law and provided by the competent authorities of foreign countries, shall possess legal validity and be considered and utilized in the process of settling criminal cases, matters, and judgment executions as prescribed by law.

Article 25. Termination of requests for mutual legal assistance in criminal matters

1. The request for mutual legal assistance in criminal matters shall terminate under the following circumstances:

a) The requesting agency has received the full results of the execution of the request;

b) The competent authority of the foreign country issues a written notice that it is unable to execute the request;

c) The requesting agency issues a written notice that the request is no longer necessary;

d) The Supreme People's Procuracy, the requesting agency, and relevant bodies reach consensus on terminating the request in cases where no response is received from the foreign country.

2. The Prosecutor General of the Supreme People's Procuracy shall preside over and coordinate with the Chief Justice of the Supreme People's Court, the Minister of Public Security, the Minister of National Defense, the Minister of Justice, and the Minister of Foreign Affairs to elaborate on this Article.

Article 26. Requesting foreign countries to prosecute criminal responsibility

1. For a case in which a foreigner commits a crime within the territory of Viet Nam and has fled abroad but cannot be extradited, the agency currently handling the case shall transfer the dossier to the Supreme People's Procuracy to request the country where the offender is present or the country of which the offender is a national to proceed with criminal prosecution. When deciding to transfer the case dossier, the Supreme People's Procuracy may also transfer any associated physical evidence.

2. The Prosecutor General of the Supreme People's Procuracy shall preside over and coordinate with the Chief Justice of the Supreme People's Court, the Minister of Public Security, the Minister of National Defense, the Minister of Justice, and the Minister of Foreign Affairs to elaborate on this Article.

CHAPTER III

REQUESTS FOR MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS FROM FOREIGN STATES

Article 27. Dossiers requesting mutual legal assistance in criminal matters from foreign countries

1. A dossier requesting mutual legal assistance in criminal matters submitted to Viet Nam by a foreign country shall comprise the following documents:

a) The written request for mutual legal assistance in criminal matters specified in Article 28 of this Law;

b) Other relevant materials (if any).

2. Dossiers requesting mutual legal assistance in criminal matters from foreign countries shall be made in three (03) sets, unless otherwise agreed upon. The language used in formulating the dossier shall comply with Article 8 of this Law.

Article 28. Written requests for mutual legal assistance in criminal matters from foreign countries

A written request for mutual legal assistance in criminal matters submitted by a foreign state to Viet Nam shall contain the following principal contents:

1. Name of the requesting authority;

2. Legal basis for making the request;

3. Name and address of individuals or organizations related to the request;

4. Purpose of the request;

5. Information regarding the criminal case, matter, or judgment execution; facts of the criminal case, matter, or judgment execution relevant to Viet Nam; the relationship between the individuals or organizations concerned and the contents of the case, matter, or judgment execution; and the progress of the resolution of the case, matter, or judgment execution;

6. Applicable legal provisions of the requesting country regarding the offenses and applicable penalties;

7. Contents of assistance requested from Viet Nam;

8. Time limit for notifying the results of execution (if any);

9. Information confidentiality requirements (if any).

Article 29. Receipt of dossiers requesting mutual legal assistance in criminal matters from foreign countries

1. Within ten (10) days from the date of receipt of a request dossier from a competent authority of a foreign country, the Supreme People's Procuracy shall enter it into the docket and examine its validity. If the dossier is valid, the Supreme People's Procuracy shall transfer it to the executing agency for implementation. If the dossier is invalid, the Supreme People's Procuracy shall return it to the competent authority of the foreign country or request supplementary information, clearly stating the reasons therefor.

2. In cases where international treaties between Viet Nam and foreign countries stipulate that requests for mutual legal assistance in criminal matters may be prepared in another language, and the dossier has not yet been translated into Vietnamese, the Supreme People's Procuracy shall organize the translation of the dossier into Vietnamese in accordance with the law. Within ten (10) days from the date of receipt of the translation, the Supreme People's Procuracy shall process the dossier in accordance with Clause 1 of this Article.

3. In cases where the request dossier is submitted through other agencies, within five (05) working days from the date of receipt, the receiving agency shall be responsible for transferring the dossier to the Supreme People's Procuracy.

4. The receipt and transmission of documents, materials, and dossiers may be conducted via electronic means in accordance with the law.

Article 30. Refusal or postponement of execution of foreign requests for mutual legal assistance in criminal matters

1. A foreign request for mutual legal assistance in criminal matters shall be refused under any of the following circumstances:

a) Pursuant to the provisions of an international treaty to which the Socialist Republic of Viet Nam is a signatory;

b) It violates the principles set forth in Clause 1, Article 5 of this Law;

c) It prejudices the sovereignty, national security, national interests, or public order of Viet Nam;

d) It relates to the criminal prosecution of a person for an offense for which that person has been convicted, acquitted, or granted amnesty or pardon in Viet Nam;

dd) It relates to an offense for which the statute of limitations for criminal prosecution has expired under Vietnamese criminal law;

e) There are grounds to believe that the request is made for the purpose of prosecuting a person on account of that person's race, religion, nationality, ethnic origin, or political opinions, or that the person may be subjected to unfair treatment for any of these reasons during the criminal proceedings.

2. A foreign request for mutual legal assistance in criminal matters may be refused under any of the following circumstances:

a) The act constitutes a legal violation but does not constitute an offense under Vietnamese criminal law;

b) The execution of the request exceeds the capacity and conditions of the executing agencies in Viet Nam;

c) The request pertains to political offenses or military matters under the provisions of international treaties to which the Socialist Republic of Viet Nam is a signatory.

3. A foreign request for mutual legal assistance in criminal matters may be postponed in Viet Nam if its execution would impede an ongoing prosecution, investigation, indictment, trial, or judgment execution in Viet Nam.

4. Upon deciding to refuse or postpone the execution of a request pursuant to Clauses 1, 2, and 3 of this Article, the Supreme People's Procuracy shall notify the competent authority of the foreign country in writing, clearly stating the reasons.

Article 31. Execution of foreign requests for mutual legal assistance in criminal matters

1. Executing agencies in Viet Nam shall include:

a) The Central Authority of the Socialist Republic of Viet Nam for Mutual Legal Assistance in Criminal Matters;

b) Investigating authorities;

c) Procuracies;

d) Courts;

dd) Criminal judgment execution agencies and civil judgment execution agencies;

e) Other agencies as provided for by law.

2. Upon executing the request, the executing agencies specified in Points b, c, d, dd, and e of Clause 1 of this Article shall send the results of the execution to the Supreme People's Procuracy.

Within five (05) working days from the date of receipt of the results, the Supreme People's Procuracy shall send them to the competent authority of the foreign country in accordance with the international treaties to which Viet Nam and the foreign countries are signatories, or via diplomatic channels.

3. In cases where the request cannot be executed or requires supplementary information or documents, the executing agency shall notify the Supreme People's Procuracy in writing, stating the reasons so that the latter may inform the competent authority of the foreign country.

4. The Prosecutor General of the Supreme People's Procuracy shall preside over and coordinate with the Chief Justice of the Supreme People's Court, the Minister of Public Security, the Minister of National Defense, the Minister of Justice, and the Minister of Foreign Affairs to elaborate on Clause 1 of this Article.

Article 32. Execution of requests for serving, delivering, and sending summonses

1. In cases where witnesses, expert witnesses, or other persons concerned who are present in Viet Nam are summoned to the requesting country, the competent authority of the requesting country shall submit a written request together with the summons (if any) to the Supreme People's Procuracy no later than ninety (90) days prior to the date on which such persons are required to appear in the requesting country. In urgent cases, the Supreme People's Procuracy may waive this time limit.

2. The Supreme People's Procuracy shall transfer the request to the executing agency when the following conditions are met:

a) The request is related to a criminal case, matter, or judgment execution in the requesting country;

b) There are reasonable grounds to believe that the person to be summoned is currently present in Viet Nam.

3. The executing agency shall promptly perform the service, delivery, or sending of the summons in accordance with the procedures provided by criminal procedure law or as requested in the mutual legal assistance request. After serving or delivering the summons, the executing agency shall immediately transmit a written confirmation of service to the Supreme People's Procuracy, or state the reasons if the summons could not be served, for notification to the requesting country.

Article 33. Execution of requests for taking testimony via video conference

1. Upon receiving a request to take testimony via video conference (online), the executing agency shall verify the information and address of the person requested to give testimony, obtain their consent or refusal to participate in the online testimony-taking process, and inform them of other relevant matters.

2. The executing agency shall communicate the response of the person requested to give testimony to the Supreme People's Procuracy for notification to the requesting country.

3. If the person agrees and the request meets Viet Nam's conditions, the Supreme People's Procuracy shall notify the requesting country and ask for details regarding time, venue, expenses, participating personnel at the requesting end, and other necessary information.

If the person refuses or agrees subject to conditions, the Supreme People's Procuracy shall notify the requesting country accordingly.

4. If the requesting country meets the conditions set out in Clause 3 of this Article, the Supreme People's Procuracy shall instruct the executing agency to proceed with the implementation.

5. The Prosecutor General of the Supreme People's Procuracy shall preside over and coordinate with relevant ministers and heads of agencies to elaborate on this Article.

Article 34. Execution of requests for confiscation, return, and disposal of material evidence and assets

1. Competent authorities of Viet Nam shall apply procedural measures to secure the confiscation, return, or disposal of material evidence and assets derived from crime in accordance with criminal procedure law and relevant legislation.

2. Where Viet Nam and the foreign country are parties to an international treaty on mutual legal assistance in criminal matters, the return of confiscated assets shall follow such treaty. Otherwise, the return shall be conducted under an asset-sharing agreement between Viet Nam and the foreign country.

3. Expenses incurred during the execution process shall be deducted prior to concluding the asset-sharing agreement.

4. Legitimate rights and interests of related parties shall be respected and protected when applying this Article.

5. The Supreme People's Procuracy shall lead and coordinate with relevant agencies to determine incurred expenses and negotiate asset-sharing agreements.

Article 35. Arranging for persons in Viet Nam to travel abroad to assist in investigations or provide evidence

1. Upon request by a foreign competent authority, the Supreme People's Procuracy may arrange for persons not subject to Article 37 of this Law to travel abroad to assist in investigations or provide evidence. When necessary, it shall request the foreign country to continue applying liberty-restricting measures to such persons.

2. After reviewing written commitments from the foreign authority regarding safety, living conditions, travel, and financial support under Article 11 of this Law, the Supreme People's Procuracy shall coordinate with the executing agency to invite the persons, inform them of safety guarantees, accommodations, allowances, and other details.

3. The Supreme People's Procuracy shall immediately communicate the person's decision to the foreign state and, upon receiving consent from such person, perform necessary procedures to facilitate their travel abroad.

Article 36. Arranging for foreign officials to be present in Viet Nam during the execution of requests

If a foreign competent authority requests permission for specified officials to be present during the execution of a request in Viet Nam, the Supreme People's Procuracy shall seek opinions from the executing agency. Upon agreement, it shall notify the foreign competent authority of the time and location. If disagreed or if execution is postponed, it shall notify the foreign competent authority with reasons stated.

Article 37. Temporary transfer of persons held in temporary detention or serving imprisonment sentences in Viet Nam to foreign countries for assisting in investigations or providing evidence

1. A person currently held in temporary detention or serving an imprisonment sentence in Viet Nam may be temporarily transferred to a competent authority of a foreign country to assist in an investigation or provide evidence abroad. In this case, the Supreme People's Procuracy shall notify the competent authority of the foreign country to continue detaining the temporarily transferred person.

2. Competent authorities of Viet Nam shall only temporarily transfer a person held in temporary detention or serving an imprisonment sentence under Clause 1 of this Article upon full satisfaction of the following conditions:

a) The person consents to the temporary transfer to assist in the investigation or provide evidence abroad;

b) There is a written commitment from the competent authority of the foreign country on guaranteeing safety pursuant to Article 11 of this Law, ensuring safety regarding life, health, living conditions, travel, time limit, mode of handover and return, and other conditions related to the temporary transfer. The return of the temporarily transferred person to the competent authority of Viet Nam must be executed strictly within the committed time limit.

3. The duration during which the temporarily transferred person is escorted or stays abroad shall be counted towards their duration of temporary detention or term of imprisonment sentence.

4. Upon the expiration of the duration of temporary detention or the term of imprisonment sentence, or when it is deemed unnecessary to continue detaining the temporarily transferred person, the Supreme People's Procuracy shall notify the competent authority of the foreign country to release the person and guarantee the conditions specified in Clause 2, Article 35 of this Law for such person.

Where deemed necessary, the Supreme People's Procuracy shall notify the competent authority of the foreign country to apply other restrictive measures to the released person specified in this Clause.

5. In implementing the provisions of Clause 1 of this Article, the order, procedures, competence, decisions, and execution of the temporary transfer shall be carried out mutatis mutandis pursuant to the provisions on temporary relocation and escort of persons held in temporary detention or serving imprisonment sentences under the criminal procedure law, the law on execution of temporary custody and temporary detention, the law on execution of criminal judgments, and other relevant legal provisions.

6. The Prosecutor General of the Supreme People's Procuracy shall assume the prime responsibility for, and coordinate with the Chief Justice of the Supreme People's Court, the Minister of Public Security, the Minister of National Defense, the Minister of Justice, and the Minister of Foreign Affairs in elaborating on this Article.

Article 38. Processing foreign requests for criminal prosecution

1. Upon receiving a request dossier from a foreign country for the continued criminal prosecution of a Vietnamese citizen who committed a crime abroad and is currently present in Viet Nam, the Supreme People's Procuracy shall check the validity of the dossier and process it as follows:

a) Forward it to the Investigation Agency of the Ministry of Public Security or the Investigation Agency of the Ministry of National Defense to conduct an investigation according to its competence;

b) Forward it to the provincial-level People's Procuracy where the person requested for continued criminal prosecution last resided before going abroad, or to the competent military procuracy at the military zone level to continue criminal prosecution or to forward it to the investigation agency at the same level to conduct an investigation according to its competence.

2. The investigation, prosecution, and trial of the cases specified in Clause 1 of this Article shall be conducted in accordance with the laws of Viet Nam.

3. During the processing of a foreign request for continued criminal prosecution, if additional information or documents from the foreign country are needed, the agency executing the request shall send a written request to the Supreme People's Procuracy to request the competent authority of the foreign country to provide supplementary information and documents.

Article 39. Termination of execution of requests for mutual legal assistance in criminal matters

1. The execution of a request for mutual legal assistance in criminal matters shall terminate in the following cases:

a) The Supreme People's Procuracy notifies the requesting country of the results of the execution;

b) The Supreme People's Procuracy notifies the requesting country of the inability to execute the request for mutual legal assistance in criminal matters;

c) The requesting country notifies the termination of the request for mutual legal assistance in criminal matters.

2. In the case specified in Point c, Clause 1 of this Article, the Supreme People's Procuracy shall notify the agency executing the request to terminate the execution of the request for mutual legal assistance in criminal matters.

Chapter IV

IMPLEMENTION PROVISIONS

Article 40. Amendments and supplements to a number of articles of relevant laws

1. To amend and supplement a number of articles of the Criminal Procedure Code No. 101/2015/QH13, as amended and supplemented by Law No. 02/2021/QH15, Law No. 34/2024/QH15, Law No. 59/2024/QH15, and Law No. 99/2025/QH15, as follows:

a) To amend and supplement Point a, Clause 1, Article 148 as follows:

"a) Expert examination or property valuation has been requested but the results have not yet been obtained; mutual legal assistance has been requested from a foreign country but has not yet terminated pursuant to the Law on Mutual Legal Assistance in Criminal Matters;";

b) To amend and supplement Clause 3, Article 148 as follows:

"3. In case of temporary suspension of the processing of a crime report, information on crimes, or petition for prosecution, the expert examination or property valuation shall continue to be conducted until the results are obtained; mutual legal assistance shall continue to be executed until its termination pursuant to the Law on Mutual Legal Assistance in Criminal Matters.";

c) To amend and supplement Point c, Clause 1, Article 229 as follows:

"c) When expert examination or property valuation has been requested but the results have not yet been obtained, or mutual legal assistance has been requested from a foreign country but has not yet terminated pursuant to the Law on Mutual Legal Assistance in Criminal Matters, and the investigation time limit has expired. In this case, the expert examination or property valuation shall continue to be conducted until the results are obtained; mutual legal assistance shall continue to be executed until its termination pursuant to the Law on Mutual Legal Assistance in Criminal Matters;";

d) To amend and supplement Point c, Clause 1, Article 247 as follows:

"c) When expert examination or property valuation has been requested but the results have not yet been obtained, or mutual legal assistance has been requested from a foreign country but has not yet terminated pursuant to the Law on Mutual Legal Assistance in Criminal Matters, and the time limit for deciding on prosecution has expired. In this case, the expert examination or property valuation shall continue to be conducted until the results are obtained; mutual legal assistance shall continue to be executed until its termination pursuant to the Law on Mutual Legal Assistance in Criminal Matters;";

dd) To amend and supplement Clause 1, Article 443 as follows:

"1. The investigation agency or the agency assigned to conduct a number of investigative activities shall issue a decision to temporarily suspend the investigation when expert examination or property valuation has been requested but the results have not yet been obtained, or mutual legal assistance has been requested from a foreign country but has not yet terminated pursuant to the Law on Mutual Legal Assistance in Criminal Matters, and the investigation time limit has expired. In this case, the expert examination or property valuation shall continue to be conducted until the results are obtained; mutual legal assistance shall continue to be executed until its termination pursuant to the Law on Mutual Legal Assistance in Criminal Matters.";

e) To replace the phrase "Law on Mutual Legal Assistance" with the phrase "Law on Mutual Legal Assistance in Criminal Matters" in Point c, Clause 3, Article 185;

g) To add the phrase "persons held in temporary detention," after the phrase "expert witnesses," in Article 496.

2. To replace the phrase "Law on Mutual Legal Assistance" with the phrase "Law on Mutual Legal Assistance in Criminal Matters" in Clause 4, Article 32 of Law No. 63/2014/QH13 on the Organization of People's Procuracies, as amended and supplemented by Law No. 82/2025/QH15.

3. To amend and supplement Clause 2, Article 28 of Law No. 47/2014/QH13 on Entry, Exit, Transit, and Residence of Foreigners in Viet Nam, as amended and supplemented by Law No. 51/2019/QH14 and Law No. 23/2023/QH15, as follows:

"2. The cases specified in Clause 1 of this Article shall not apply to the persons specified in Clause 1, Article 35 and Clause 1, Article 37 of the Law on Mutual Legal Assistance in Criminal Matters.".

Article 41. Entry into force

1. This Law shall take effect on July 1, 2026.

2. The Law on Mutual Legal Assistance No. 08/2007/QH12, as amended and supplemented by Law No. 81/2025/QH15, shall cease to be effective from the effective date of this Law, except for the transitional cases specified in Clause 1, Article 42 of this Law, Article 45 of the Law on Extradition, Article 48 of the Law on Transfer of Persons Serving Imprisonment Sentences, and Clause 1, Article 38 of the Law on Mutual Legal Assistance in Civil Matters.

Article 42. Transitional provisions

1. Requests for mutual legal assistance in criminal matters made or received by the Supreme People's Procuracy before the effective date of this Law shall continue to be considered and processed in accordance with the Law on Mutual Legal Assistance No. 08/2007/QH12, as amended and supplemented by Law No. 81/2025/QH15.

2. The provision on "judicial delegation in criminal matters under Clause 1, Article 6 of the Law on Mutual Legal Assistance No. 08/2007/QH12, as amended and supplemented by Law No. 81/2025/QH15, in existing legal normative documents shall be used equivalently to the provisions on "requests for mutual legal assistance in criminal matters" specified in this Law.

This Law was passed on November 26, 2025, by the 15th National Assembly of the Socialist Republic of Viet Nam at its 10th session./.