|
THE NATIONAL ASSEMBLY OF VIETNAM |
SOCIALIST REPUBLIC OF VIETNAM |
|
Law No. 100/2025/QH15 |
Hanoi, November 26, 2025 |
Pursuant to the Constitution 2013 of the Socialist Republic of Viet Nam as amended and supplemented by Resolution No. 203/2025/QH15;
The National Assembly promulgates the Law on Extradition.
This Law provides for the principles, competence, conditions, and procedures for extradition between Vietnam and foreign countries; responsibilities of Vietnamese regulatory agencies in extradition.
This Law applies to Vietnamese agencies, organizations, and individuals, and foreign agencies, organizations, and individuals involved in extradition between Vietnam and foreign countries.
Article 3. Interpretation of terms
For the purpose of this Law, the following terms shall be construed as follows:
1. Extradition means the transfer by Vietnam to a foreign country, or by a foreign country to Vietnam, of a person who has committed a criminal act or a person convicted of a criminal offense and present in its territory, so that the receiving State may prosecute that person or enforce a criminal sentence against that person.
2. A person sought for extradition means a person who has committed a criminal act or a person convicted of a criminal offense in the requesting State where the laws of that State and of the requested State both define such act as constituting a criminal offense.
Article 4. Application of law and principles of extradition
1. Extradition shall be carried out in accordance with this Law; in cases where this Law does not provide otherwise, the provisions of the laws on criminal procedure, the laws on execution of criminal judgments, and other relevant provisions of Vietnamese law shall apply.
2. Extradition shall be conducted on the basis of the following principles:
a) Respect for independence, sovereignty, and territorial integrity; non-interference in each other’s internal affairs; equality and mutual benefit; compliance with The Constitution 2013, the laws of Vietnam, and international treaties to which the Socialist Republic of Vietnam is a member;
b) Where Vietnam and a foreign country are not both members of an international treaty on extradition, extradition shall be conducted on the basis of reciprocity but not contrary to Vietnamese law and in conformity with international law and international practices.
Article 5. Application of the principle of reciprocity in extradition
1. The principle of reciprocity in extradition shall be applied when all of the following conditions are met:
a) Compliance with the principles prescribed in Clause 2 Article 4 of this Law;
b) The competent authority of the foreign country provides a written commitment to execute requests of Vietnam in similar cases. Where Vietnam is the requesting State, the Central Authority of the Socialist Republic of Vietnam for extradition shall provide a written commitment to apply the principle of reciprocity;
c) Consistency with practical circumstances and the demand for extradition cooperation between Vietnam and foreign countries.
2. The Central Authority of the Socialist Republic of Vietnam for extradition shall decide on the application of the principle of reciprocity in extradition on the basis of Clause 1 of this Article. Where necessary, the Central Authority of the Socialist Republic of Vietnam for extradition shall seek opinions from the Ministry of Foreign Affairs and other relevant agencies before making a decision.
3. The Government shall elaborate this Article.
Article 6. Central authority of the Socialist Republic of Vietnam for extradition
1. The Ministry of Public Security is the central authority of the Socialist Republic of Vietnam for extradition.
2. The Central Authority of the Socialist Republic of Vietnam for extradition is responsible for acting as the focal point for exchange of information and documents related to extradition; guiding, preparing, sending, and receiving extradition request dossiers; taking charge and cooperating with ministries, sectors, and local authorities in considering and settling extradition requests of Vietnam and foreign countries; monitoring and urging the implementation of extradition; and performing other tasks and powers in accordance with the laws on extradition and international treaties to which the Socialist Republic of Vietnam is a member.
Article 7. Cases where a person may be extraditable
1. An extraditable person is a person who has committed a criminal act for which the laws of Vietnam and of a foreign country prescribe a term of imprisonment of at least 1 year, life imprisonment, or the death penalty, or who has been sentenced to imprisonment by a court of the requesting State with at least 6 months of the sentence remaining to be served.
2. The criminal act of the person provided for in Clause 1 of this Article is not necessarily required to belong to the same category of offense or bear the same name of offense, and the constituent elements of the offense are not necessarily identical under the laws of Vietnam and the laws of the foreign country.
3. Where a foreign country requests extradition in relation to a person who has committed multiple criminal acts, each constituting an offense under the laws of Vietnam and the laws of the foreign country, and at least one act satisfies the conditions provided for in Clause 1 of this Article, Vietnam may agree to extradite such person. Where Vietnam is the requesting State, the Ministry of Public Security shall request the competent authority of the foreign country to agree to extradition in similar cases.
4. Where the criminal act of the person provided for in Clause 1 of this Article occurred outside the territory of Vietnam, extradition of that person may be conducted if Vietnamese law defines such act as a criminal offense.
Article 8. Form and methods of transfer of extradition request dossiers
1. Extradition requests must be made in writing.
2. Extradition request dossiers shall be transmitted through diplomatic channels or through the Ministry of Public Security. The receipt and transfer of extradition request dossiers may be carried out electronically in accordance with the law.
3. The Government shall elaborate this Article.
Article 9. Language in extradition
1. Where Vietnam and a foreign country are both members of an international treaty on extradition, the language used in extradition shall be the language specified in such international treaty.
2. Where Vietnam and a foreign country are not both members of an international treaty on extradition, the extradition request dossiers and documents, and requests for provisional arrest in urgent cases prior to the extradition request must be accompanied by translations into the language of the requested State, the State requested to conduct provisional arrest in urgent cases prior to the extradition request, or another language accepted by that State.
3. Vietnamese authorities competent to prepare extradition requests and authorities competent to prepare requests for provisional arrest in urgent cases must translate the dossiers and documents into the language provided for in Clause 1 or Clause 2 of this Article.
4. The Government shall elaborate this Article.
Article 10. Exemption from consular legalization
Extradition request dossiers and requests for provisional arrest in urgent cases prior to the extradition request shall be exempt from consular legalization if signed and sealed by a competent person or authority of the foreign country, unless otherwise provided by an international treaty to which the Socialist Republic of Vietnam is a member.
Article 11. Costs for execution of extradition requests
1. Where Vietnam is the requesting State, Vietnam shall bear the costs of extradition arising from the time of receipt of the extradited person, unless otherwise agreed.
2. Where Vietnam is the requested State, Vietnam shall bear the costs of extradition arising up to the time of surrender of the extradited person, unless otherwise agreed.
3. The Government shall elaborate this Article.
Article 12. Funding for extradition activities
Funding for extradition activities shall be guaranteed by the state budget in accordance with the law on the state budget and other relevant laws.
Article 13. Conditional extradition
1. Where a foreign country requests Vietnam to meet certain conditions in order to agree to extradition, the Ministry of Public Security shall take charge and cooperate with competent authorities of Vietnam to accept part or all of such conditions on the basis of compliance with the principles of extradition provided for in Clause 2 Article 4 of this Law.
2. Where it is necessary to require a foreign country to meet certain conditions for Vietnam to agree to extradition, the Ministry of Public Security shall take charge and cooperate with competent authorities of Vietnam to request the competent authority of the foreign country to accept and commit to implement such conditions.
3. The Government shall elaborate this Article.
Article 14. Notification related to the death penalty for a person sought for extradition
1. Where a foreign country requests Vietnam not to impose the death penalty or not to execute the death penalty against a person sought for extradition, the Ministry of Public Security shall take charge and cooperate with relevant ministries and sectors to issue one of the following written notifications:
a) A notification that the death penalty will not be imposed or executed against the person sought for extradition if such person falls within cases where the death penalty is not imposed or not executed under the Criminal Code;
b) A notification that the death penalty will not be executed against the person sought for extradition who does not fall within the case provided for in Point a Clause 1 of this Article after obtaining the opinion of the President of the Socialist Republic of Vietnam.
2. Where Vietnam requests a foreign country not to execute the death penalty against a person sought for extradition, the Ministry of Public Security shall request the foreign country to provide a written commitment on this matter.
3. The Minister of Public Security shall take charge and cooperate with the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy, the Minister of Foreign Affairs, and heads of other relevant agencies to provide detailed regulations on this Article.
Article 15. No criminal prosecution or enforcement of sentence for offenses other than those stated in the extradition request; no extradition to a third State
1. An extradited person shall not be prosecuted or required to serve a sentence in the requesting State for an offense other than the offense stated in the extradition request committed before extradition, nor be extradited to a third State, except in the following cases:
a) The requested State has previously given written consent. The requested State may request the submission of documents and information provided for in Articles 19, 20, 21, and 22 of this Law;
b) The extradited person has not left the territory of the requesting State within 30 days from the date on which the person was free to leave, unless otherwise provided by an international treaty to which the Socialist Republic of Vietnam is a member. This period does not include the time during which the person cannot leave the territory of the requesting State due to force majeure;
c) The extradited person voluntarily returns after having left the territory of the requesting State.
2. The Minister of Public Security shall take charge and cooperate with the Chief Justice of the Supreme People’s Court and the Procurator General of the Supreme People’s Procuracy to provide detailed regulations on this Article.
Article 16. Transit of an extradited person
1. The transit of an extradited person through the territory of Vietnam must be notified in writing in advance to the Ministry of Public Security for handling. The approval or refusal of transit of an extradited person shall comply with the law.
2. Where transit is permitted, the State requesting transit of the extradited person shall be responsible for managing that person during transit through Vietnam and shall bear all transit costs in accordance with Vietnamese law, unless otherwise agreed.
3. Where transportation is by air and an unscheduled landing occurs in the territory of Vietnam, the extradited person may be managed in accordance with Vietnamese law. The management of the extradited person and related costs shall comply with Clause 2 of this Article.
4. Where Vietnam requests a foreign country to permit the transit of an extradited person, the Ministry of Public Security shall contact the foreign country to carry out procedures for requesting transit permission.
5. The Government shall elaborate this Article.
Article 17. Responsibilities of regulatory agencies regarding extradition
1. The Government has the following responsibilities:
a) Exercising unified state management of extradition;
b) Reporting to the National Assembly on extradition activities in the annual report on crime prevention and control and violations of law.
2. The Ministry of Public Security shall be responsible before the Government for performing state management of extradition.
The Minister of Public Security shall take charge and cooperate with the Chief Justice of the Supreme People’s Court and the Procurator General of the Supreme People’s Procuracy in providing regulations on the application of science and technology and digital transformation in extradition activities.
3. The Supreme People’s Court and the Supreme People’s Procuracy shall cooperate with the Ministry of Public Security in performing state management of extradition.
People’s Courts at all levels and People’s Procuracies at all levels shall perform tasks relating to extradition in accordance with this Law and other relevant laws.
4. Ministries, ministerial agencies, and other relevant agencies, within the scope of their functions and duties, shall perform tasks relating to extradition in accordance with this Law and other relevant laws; and cooperate with the Ministry of Public Security in performing state management of extradition.
EXTRADITION FROM FOREIGN COUNTRIES TO VIETNAM
Article 18. Vietnamese authorities competent to prepare extradition requests
1. The Ministry of Public Security, procedural authorities, authorities responsible for management of execution of criminal judgments, and authorities responsible for execution of criminal judgments have the competence to prepare extradition requests for the purpose of criminal prosecution or enforcement of sentences.
2. The Minister of Public Security shall take charge and cooperate with the Chief Justice of the Supreme People’s Court and the Procurator General of the Supreme People’s Procuracy to provide detailed regulations on this Article.
Article 19. Extradition request dossiers of Vietnam
1. The extradition request dossier of Vietnam sent to a foreign country shall include the following documents:
a) The request for extradition provided for in Clause 1 Article 20 of this Law;
b) Accompanying documents provided for in Article 21 or Article 22 of this Law.
2. The extradition request dossier of Vietnam sent to a foreign country shall be prepared in 3 sets, unless otherwise agreed. The language used for preparing application files shall comply with the provisions of Article 9 of this Law.
Article 20. Request for extradition of Vietnam
1. A request for extradition of Vietnam sent to a foreign country must contain the following information:
a) Date of preparation of the request for extradition;
b) Name, address, and contact information of the authority preparing the request for extradition;
c) Name of the authority to which the extradition request is addressed;
d) Purpose of the extradition request;
dd) Information on identity and place of residence of the person sought for extradition;
e) Summary of the case serving as the basis for the extradition request;
g) Legal grounds for institution of the criminal case, initiation of criminal charges against the accused, prosecution, bringing the case to trial, or enforcement of the criminal sentence;
h) Information on the decision or order issued by the competent authority in relation to the person sought for extradition;
i) Information on the offense stated in the extradition request and the applicable penalty range expected to be imposed on the person sought for extradition or the remaining time the person sought for extradition must serve the sentence; provisions of the law relating to the offense for which extradition is requested;
k) Requests of Vietnam to the requested State;
l) Commitments of Vietnam to the requested State;
m) Other necessary information (if any).
2. The Government shall elaborate this Article.
Article 21. Documents accompanying the request for extradition for criminal prosecution of Vietnam
1. Documents accompanying the request for extradition for criminal prosecution of Vietnam sent to a foreign country shall include the following documents:
a) A facial photograph of the person sought for extradition;
b) Documents identifying the identity and place of residence of the person sought for extradition;
c) Decisions or orders of procedural authorities and other competent authorities;
d) Documents proving the criminal act committed by the person sought for extradition;
dd) Provisions of the law relating to institution of the criminal case, initiation of criminal charges against the accused, prosecution, or bringing the case to trial; and other legal provisions clarifying the extradition request for criminal prosecution;
e) Other necessary documents (if any).
2. The Government shall elaborate this Article.
Article 22. Documents accompanying the request for extradition for enforcement of a sentence of Vietnam
1. Documents accompanying the request for extradition for enforcement of a sentence of Vietnam sent to a foreign country shall include the following documents:
a) Documents provided for at Points a, b, c, and d Clause 1 Article 21 of this Law;
b) The judgment rendered against the person sought for extradition;
c) A written notice on the remaining time the person sought for extradition must serve the sentence;
d) Provisions of the law relating to bringing the case to trial and other legal provisions clarifying the extradition request for enforcement of the sentence;
dd) Other documents (if any).
2. The Government shall elaborate this Article.
Article 23. Receipt, examination, and transfer of extradition request dossiers and supplementation of information and documents
1. The authority preparing the extradition request provided for in Article 18 of this Law shall send the extradition request dossier to the Ministry of Public Security for examination of its validity in accordance with Articles 19 and 20 of this Law, except where the authority preparing the extradition request is the Ministry of Public Security.
2. The Ministry of Public Security shall examine the validity of the extradition request dossier within 30 days from the date of receipt. The receipt of the extradition request dossier shall be recorded in the extradition dossier register. Where the dossier is valid, the Ministry of Public Security shall transfer it to the foreign country; where the dossier is invalid, the dossier shall be returned with written reasons provided.
3. Where a foreign country requests supplementation of information or documents in the extradition request dossier, the authority preparing the extradition request shall supplement such information or documents to respond to the foreign country through the Ministry of Public Security, unless otherwise agreed.
4. The Government provides elaboration of Clauses 2 and 3 of this Article.
Article 24. Receipt and escort of an extradited person from a foreign country to Vietnam
1. After receiving the decision on extradition of the competent authority of the foreign country, the Ministry of Public Security shall take charge and cooperate with the Ministry of Foreign Affairs and relevant agencies in receiving and escorting the extradited person from the foreign country to Vietnam.
2. The Government shall elaborate this Article.
Article 25. Handling cases where a foreign country refuses the extradition request of Vietnam
For a case where a foreign national commits an offense in the territory of Vietnam but flees abroad and the foreign country refuses the extradition request of Vietnam, the authority preparing the extradition request shall transfer the case file to the Supreme People’s Procuracy to request the country where the offender is present or the country of nationality of the offender to continue criminal prosecution.
EXTRADITION FROM VIETNAM TO FOREIGN COUNTRIES
Article 26. Extradition request dossiers of foreign countries
Extradition request dossiers of foreign countries sent to Vietnam must comply with Articles 8, 9, 10, 19, 20, 21, and 22 of this Law.
Article 27. Receipt and examination of extradition request dossiers of foreign countries and verification of the location of the person sought for extradition
1. The Ministry of Public Security shall enter the extradition dossier in the extradition register and examine the validity of the extradition request dossier in accordance with the conditions prescribed in Article 26 of this Law within 30 days from the date of receipt of the extradition request dossier of the foreign country. The competent police authority shall verify the location of the person sought for extradition who is present in Vietnam.
2. Where the extradition request dossier of the foreign country is invalid, the Ministry of Public Security shall return the dossier to the foreign country and clearly state the reasons. Where information or documents need clarification or supplementation, the Ministry of Public Security shall request the competent authority of the foreign country to supplement them within 60 days from the date of the request for supplementation. Upon expiry of this time limit, if no supplementary information or documents are received, the Ministry of Public Security shall return the dossier to the foreign country and clearly state the reasons.
3. Where the extradition request dossier is valid, the Ministry of Public Security shall transfer 1 set of the extradition request dossier to the regional People’s Court where the person sought for extradition resides, is being held in temporary custody, is being held in detention, is serving a sentence of imprisonment, or is staying in an accommodation establishment in that area for consideration and decision, and simultaneously transfer 1 set of the extradition request dossier to the competent regional People’s Procuracy.
4. The Government shall elaborate this Article.
Article 28. Receipt, acceptance, and consideration by the People’s Court of extradition request dossiers of foreign countries sent to Vietnam
1. Upon receipt of an extradition request dossier, the competent regional People’s Court shall enter it in the receipt register. Where the request dossier does not contain sufficient documents as prescribed in Articles 19, 21, and 22 of this Law, the Court shall return the request dossier and clearly state the reasons in writing.
2. Within 7 days from the date of receipt of the complete extradition request dossier, the competent regional People’s Court shall accept the dossier and assign a Judge to consider and decide on it.
Within 3 working days from the date of acceptance of the extradition request dossier, the People’s Court shall notify the Ministry of Public Security and the People’s Procuracy at the same level in writing.
3. Within 60 days from the date of acceptance of the extradition request dossier, the competent regional People’s Court may request the competent authority of the foreign country, through the Ministry of Public Security, to clarify information or supplement documents in the extradition request dossier. The time limit for supplementation of information and documents is 30 days from the date of dispatch of the request.
4. Within the 60-day period prescribed in Clause 3 of this Article, the competent regional People’s Court shall issue one of the following decisions:
a) A decision to terminate consideration of the extradition request in accordance with Clause 5 of this Article and return the dossier to the Ministry of Public Security;
b) A decision on consideration of the extradition request where all conditions prescribed by this Law are met. This decision must be sent to the person sought for extradition, and his or her lawyer or lawful representative (if any).
The decisions prescribed in this Clause must be sent to the Ministry of Public Security and the People’s Procuracy at the same level within 3 working days from the date of issuance.
5. The Judge shall issue a decision to terminate consideration of the extradition request where one of the following cases occurs:
a) The matter does not fall within its competence;
b) The competent authority of the foreign country withdraws the extradition request;
c) The person sought for extradition has left Vietnam;
d) The competent authority of the foreign country fails to supplement information or documents within the time limit prescribed in Clause 3 of this Article;
dd) Another reason makes consideration of the extradition request impossible.
6. Where a decision terminating consideration of the extradition request is issued, the competent authority of the foreign country must prepare a new extradition request dossier if it continues to request extradition. Receipt, examination, acceptance, and consideration of the extradition request dossier shall be carried out again in accordance with this Article and Articles 26 and 27 of this Law.
Article 29. Meeting to consider the extradition request
1. Within 30 days from the date of issuance of the decision on consideration of the extradition request, the competent regional People’s Court shall open a meeting to consider the extradition request. The competent regional People’s Court may postpone the meeting for no more than 15 days from the date of issuance of the decision on postponement where one of the following cases occurs:
a) The Judge or Procurator is absent for a legitimate reason;
b) The person sought for extradition is absent for the first time for a legitimate reason.
The decision on postponement of the meeting prescribed in this Clause must be notified immediately to the People’s Procuracy at the same level and to the person sought for extradition, and his or her lawyer or lawful representative (if any).
2. The meeting to consider the extradition request shall be conducted by 1 Judge with the participation of 1 Procurator of the People’s Procuracy at the same level.
3. The meeting to consider the extradition request shall proceed in the following order:
a) The Judge presents the contents of the dossier of the requesting State and gives an opinion on the legal basis for extradition;
b) The Procurator states the position of the People’s Procuracy on extradition;
c) The lawyer, lawful representative of the person sought for extradition, and other related persons present their opinions (if any);
d) The person sought for extradition presents his or her opinion.
4. The Judge shall issue one of the following decisions:
a) A decision on extradition;
b) A decision on refusal of extradition and clearly stating the reasons.
5. Within 10 days from the date of issuance of the decision on extradition or the decision on refusal of extradition, the competent regional People’s Court shall send that decision to the People’s Procuracy at the same level, the province-level People’s Procuracy, the Ministry of Public Security, the person sought for extradition, and his or her lawyer or lawful representative (if any).
Article 30. Appellate, cassation, and reopening procedures for decisions on extradition or decisions on refusal of extradition
1. The person sought for extradition has the right to appeal within 15 days from the date of receipt of the decision on extradition or the decision on refusal of extradition of the competent regional People’s Court. The People’s Procuracy at the same level has the right to lodge a protest within 15 days, and the province-level People’s Procuracy has the right to lodge a protest within 30 days from the date on which the competent regional People’s Court issues the decision on extradition or the decision on refusal of extradition. The competent regional People’s Court must send the extradition dossier and the appeal or protest to the province-level People’s Court within 7 working days from the expiry of the time limit for appeal or protest.
The appeal must be notified in writing by the competent regional People’s Court to the People’s Procuracy at the same level and persons related to the appeal within 5 days from the expiry of the time limit for appeal.
The People’s Procuracy must send the protest decision to the first-instance Court, the person sought for extradition, and his or her lawyer or lawful representative within 2 days from the date of issuance of the protest decision.
2. Within 20 days from the date of receipt of the extradition dossier and the appeal or protest, the province-level People’s Court shall open a meeting to consider the appealed or protested decision on extradition or decision on refusal of extradition of the first-instance Court. Consideration of appellate appeals and protests against the decision on extradition or the decision on refusal of extradition shall be conducted at a meeting presided over by 1 Judge, with the participation of 1 Procurator of the People’s Procuracy at the same level, in the following order:
a) The Judge presents a summary of the contents of the extradition request dossier, the decision on extradition or the decision on refusal of extradition, and the contents of the appellate appeal or protest;
b) The Judge asks the person sought for extradition whether he or she changes, supplements, or withdraws the appeal; if so, the Judge shall request the Procurator to present opinions on such change, supplementation, or withdrawal of the appeal.
The Judge asks the Procurator whether he or she changes, supplements, or withdraws the protest; if so, the Judge shall request the person sought for extradition, and his or her lawyer or lawful representative to present opinions on such change, supplementation, or withdrawal of the protest;
c) The Procurator, the person sought for extradition, and his or her lawyer or lawful representative present opinions on the contents of the appeal or protest; the Procurator states the position of the People’s Procuracy on consideration of the extradition request.
3. The Judge shall issue one of the following decisions:
a) Not accepting the appeal or protest and upholding the first-instance decision;
b) Amending the first-instance decision;
c) Setting aside the first-instance decision and transferring the extradition request dossier to the competent first-instance Court for reconsideration;
d) Setting aside the first-instance decision and terminating consideration of the extradition request;
dd) Terminating appellate consideration.
4. A decision on extradition or a decision on refusal of extradition takes legal effect as follows:
a) A decision of the first-instance court that is not appealed or protested takes effect from the date of expiry of the time limit for appeal or protest;
b) A decision of the appellate Court takes effect from the date of issuance.
The decision of the appellate Court must be sent to the first-instance Court, the first-instance People’s Procuracy, the People’s Procuracy at the same level, the Ministry of Public Security, the person sought for extradition, and his or her lawyer or lawful representative (if any).
5. Cassation and reopening of a decision on extradition or a decision on refusal of extradition shall be carried out in accordance with the Criminal Procedure Code. Cassation and reopening procedures shall not apply in cases where the decision on extradition has already been enforced.
6. The Chief Justice of the Supreme People’s Court shall take charge and cooperate with the Procurator General of the Supreme People’s Procuracy, the Minister of Public Security, the Minister of Justice, the Minister of National Defense, and the Minister of Foreign Affairs in providing detailed provisions for this Article.
Article 31. Consideration of extradition requests of multiple countries in relation to one person
1. Where the Ministry of Public Security receives extradition request dossiers from multiple countries in relation to the same person, the Ministry of Public Security shall take charge and cooperate with the Supreme People’s Court, the Supreme People’s Procuracy, the Ministry of Foreign Affairs, and the Ministry of Justice in considering and deciding to satisfy the extradition request of one of the requesting countries, and shall transfer 1 set of the extradition request dossier to the competent regional People’s Court for consideration and decision on extradition, and simultaneously transfer 1 set of the extradition request dossier to the People’s Procuracy at the same level.
2. In considering the extradition requests prescribed in Clause 1 of this Article, in addition to legal provisions, the following relevant factors shall also be considered:
a) Nationality and last habitual residence abroad of the person sought for extradition;
b) Legality and appropriateness of the extradition request;
c) Time and place of commission of the offense;
d) Particular interests of the requesting countries;
dd) Gravity of the offense;
e) Nationality of the victim;
g) Possibility of subsequent extradition between the requesting countries;
h) Date of the extradition request;
i) Other relevant factors.
3. Where extradition requests of multiple countries in relation to one person are received and the later extradition request is sent after the competent regional People’s Court has already accepted the earlier extradition request, the Ministry of Public Security, on the basis of opinions of the Supreme People’s Court, the Supreme People’s Procuracy, the Ministry of Foreign Affairs, and the Ministry of Justice, shall send a written request to the competent regional People’s Court that first accepted the extradition request dossier to return the extradition request dossier to the Ministry of Public Security for further consideration and decision.
The Court that first accepted the extradition request dossier shall issue a decision returning the extradition request dossier to the Ministry of Public Security and delete the request from the acceptance register.
4. The Minister of Public Security shall provide detailed provisions for Clause 2 of this Article.
Article 32. Preventive measures for extradition
To ensure execution of the extradition request, the competent authorities of Vietnam may apply preventive measures in accordance with the Criminal Procedure Code immediately after the People’s Court issues the decision on consideration of the extradition request. Holding a person in urgent cases before an extradition request is made shall comply with Article 33 of this Law.
Article 33. Holding a person in urgent cases before an extradition request is made
1. Where a foreign country requests Vietnam to hold a person in an urgent case before an extradition request is made in accordance with an international treaty on extradition to which Vietnam and that country are both members, the Ministry of Public Security shall examine the validity of the written request for holding a person in accordance with that international treaty.
Where the written request for holding a person is valid, the Ministry of Public Security shall immediately transfer it to the competent police authority to decide on holding the person and placing the person in an accommodation establishment in accordance with Clauses 4, 5, 6, 7, and 8 of this Article.
The time limit for holding a person and the contents of the written request for holding a person in an urgent case before an extradition request is made shall comply with that international treaty.
2. Where a foreign country requests Vietnam to hold a person in an urgent case before an extradition request is made and Vietnam and that country are not both members of an international treaty on extradition, the Ministry of Public Security shall examine the validity of the written request for holding a person in accordance with Clause 3 of this Article.
Where the written request for holding a person is valid, the Ministry of Public Security shall immediately transfer it to the competent police authority to decide on holding the person and placing the person in an accommodation establishment in accordance with Clauses 4, 5, 6, 7, and 8 of this Article.
The time limit for holding a person in an urgent case is 45 days from the date of placement in the accommodation establishment.
3. A written request for holding a person in an urgent case before an extradition request is made as prescribed in Clause 2 of this Article must contain the following contents:
a) Date of the request;
b) Name, address, and contact information of the competent authority of the foreign country making the request;
c) Reasons for and purpose of the request;
d) Information on identity and place of residence of the person sought;
dd) Information on the offense stated in the request and the applicable penalty range expected to be imposed on the person sought, or the remaining period the person sought must serve the sentence;
e) Summary of the case serving as the basis for the request;
g) Information on the decision or order issued by the competent authority of the foreign country in relation to the person sought;
h) Commitment to send the formal extradition request within 45 days from the date of the written request for holding a person in an urgent case before an extradition request is made;
i) Commitment to compensate for damage in cases of wrongful holding of the person in an urgent case before an extradition request is made;
k) Commitment that the information and documents stated in the request for holding a person in an urgent case are accurate and truthful, and were collected and issued within competence and in compliance with the procedures of foreign law;
l) Commitment that the person held in the urgent case before an extradition request is made and the person named in the procedural decisions are the same person;
m) Commitment that the person sought committed an ordinary criminal offense, not an offense related to politics or an offense related to the military as provided in international treaties to which the Socialist Republic of Vietnam is a member.
4. Persons with competence in the police authority to decide on holding a person and placing the person in an accommodation establishment as prescribed in Clauses 1 and 2 of this Article include:
a) Directors of competent professional departments under the Ministry of Public Security;
b) Directors of the police of provinces and centrally-affiliated cities;
c) Heads of competent professional divisions under the police of provinces and centrally-affiliated cities.
5. Persons with competence prescribed in Clause 4 of this Article may assign their authority to their deputies to exercise the power to hold a person in an urgent case before an extradition request is made and place the person in an accommodation establishment during their absence. The decision on assignment of authority must be made in writing and clearly specify the scope, contents, and duration of the assignment. The deputy assigned authority shall be responsible to the head and before the law for exercise of the assigned authority. A person assigned authority may not further assign such authority to another person.
6. A decision on holding a person and placing the person in an accommodation establishment as prescribed in this Article must be made in writing, one copy of which must be delivered to the person held, and must clearly state the following contents:
a) Hour, date, month, and year of issuance of the decision;
b) Full name, rank, title, agency, and unit of the person issuing the decision;
c) Grounds for issuance of the decision to hold the person, and the article and clause of the legal normative document applied; reasons for holding the person;
d) Nationality, passport number, or number of a document of equivalent value to a passport;
dd) Time limit for holding the person; the accommodation establishment where the person is held;
e) Signature and seal of the competent person issuing the decision to hold the person.
7. Accommodation establishments prescribed in this Article include:
a) Accommodation establishments of the Ministry of Public Security;
b) Accommodation establishments designated by the Ministry of Public Security.
8. Rights, obligations, regime of persons held in urgent cases before an extradition request is made, and other relevant matters shall comply with the law.
9. The Minister of Public Security shall provide detailed provisions for this Article.
Article 34. Simplified extradition
1. Where the person sought for extradition submits an application consenting to extradition to a foreign country, the competent regional People’s Court, on the basis of the opinion of the Ministry of Public Security, shall consider whether or not to apply the simplified extradition procedure.
2. The procedures for application of the simplified extradition procedure are as follows:
a) The People’s Court shall accept the extradition request dossier in accordance with Clauses 1 and 2 Article 28 of this Law;
b) Within 15 days from the date of receipt of the application consenting to extradition of the person sought for extradition, the People’s Court shall verify that the person sought for extradition voluntarily consents to extradition and fully understands the legal consequences of extradition;
c) Within 15 days from the date of completion of the verification of consent to extradition, the People’s Court shall open a meeting to consider the extradition request in accordance with Article 29 of this Law without having to issue the decision on consideration of the extradition request prescribed at Point b Clause 4 Article 28 of this Law.
Article 35. Enforcement of the decision on extradition
1. Within 10 days from the date on which the decision on extradition of the competent People’s Court takes legal effect, the Chief Justice of the competent regional People’s Court that issued the first-instance decision shall issue a decision on enforcement of the decision on extradition. The decision on enforcement of the decision on extradition must be sent to the Ministry of Public Security, the People’s Procuracy at the same level, the competent authority of the requesting State, the extradited person, and his or her lawful representative (if any). Sending the decision on enforcement of the decision on extradition to the requesting State shall be carried out through the Ministry of Public Security.
2. Upon receipt of the decision on enforcement of the decision on extradition, the Ministry of Public Security shall organize enforcement in the following order:
a) Direct the competent police authority to arrest the extradited person in accordance with the Criminal Procedure Code;
b) Agree with the requesting State on the time and place for surrender of the extradited person;
c) Direct surrender of the extradited person, documents, objects, and property in accordance with Articles 36 and 37 of this Law.
Article 36. Surrender of the extradited person
1. The competent police authority shall organize escort of the extradited person according to the time and place of surrender agreed between Vietnam and the foreign country. Escort of the extradited person shall comply with the Criminal Procedure Code.
2. The time limit for surrender of the extradited person is 30 days from the date on which the decision on enforcement of the decision on extradition takes effect. In cases of force majeure or for legitimate reasons, the time and place for surrender of the extradited person shall be discussed and agreed upon by the Ministry of Public Security and the competent authority of the foreign country.
3. If, upon the expiry of the time limit prescribed in Clause 2 of this Article, the requesting State fails to receive the extradited person without a legitimate reason, the Ministry of Public Security shall request the Chief Justice of the People’s Court that issued the decision on the enforcement of the extradition decision to annul the decision on the enforcement of the extradition decision and the extradition decision, release the extradited person, and notify the requesting State. The above-mentioned decisions shall be sent to the People’s Procuracy at the same level within 03 working days from the date of issuance of the decisions.
4. The Minister of Public Security shall take the prime responsibility for, and coordinate with the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy, the Minister of Justice, the Minister of National Defense and the Minister of Foreign Affairs in providing detailed regulations for the implementation of this Article.
Article 37. Transfer of documents, objects and assets
Where it is necessary to transfer documents, objects or assets related to the extradited person to the requesting State, the Ministry of Public Security shall transfer such documents, objects or assets to the requesting State in accordance with the international treaties to which Viet Nam and the requesting State are parties, on the basis of respecting the rights of third parties at the time of surrender of the extradited person or at another time as agreed with the requesting State. For documents, objects or assets that cannot be transferred and must be destroyed, the Ministry of Public Security shall notify the requesting State and request the authority responsible for the custody of such documents, objects or assets to destroy them in accordance with the laws of Viet Nam.
Article 38. Postponement of the enforcement of the extradition decision and continuation of the enforcement of the extradition decision
1. Where the person requested for extradition, for whom a decision on the enforcement of the extradition decision has been issued, is prosecuted for criminal liability or is serving a sentence in the territory of Viet Nam for an offence other than the offence specified in the extradition request, the Chief Justice of the People’s Court that issued the decision on the enforcement of the extradition decision shall, on his or her own initiative or upon the request of the People’s Procuracy, the competent police authority conducting the criminal proceedings, or the authority managing the execution of criminal judgments with respect to the person requested for extradition, issue a decision to postpone the enforcement of the extradition decision. The period of postponement of the enforcement of the extradition decision shall terminate upon the completion of the criminal proceedings or upon the completion of the execution of the whole or part of the imposed sentence.
The decision on the postponement of the enforcement of the extradition decision shall be sent to the Ministry of Public Security, the People’s Procuracy at the same level and the authorities specified in Clause 1 of this Article within 03 working days from the date of issuance of the decision. The Ministry of Public Security shall promptly notify the requesting State in writing of the postponement of the enforcement of the extradition decision.
2. Upon the expiry of the postponement period prescribed in Clause 1 of this Article, the Chief Justice of the People’s Court that issued the decision on postponement of the enforcement of the extradition decision shall annul the decision on postponement and allow the continuation of the enforcement of the extradition decision; and shall send such decision together with the relevant files and documents to the Ministry of Public Security for further enforcement in accordance with the agreement with the requesting State. The procedures for continuing the enforcement of the extradition decision shall be carried out in accordance with Articles 35, 36 and 37 of this Law.
3. The Chief Justice of the Supreme People’s Court shall take charge and cooperate with the Procurator General of the Supreme People’s Procuracy, the Minister of Public Security, the Minister of Justice, the Minister of National Defense, and the Minister of Foreign Affairs in providing detailed provisions for this Article.
Article 39. Temporary extradition
1. Where the postponement of the enforcement of the extradition decision prescribed in Clause 1 Article 38 of this Law obstructs the prosecution in the requesting State due to the expiry of the statute of limitations or causes serious difficulties for the prosecution of the offence specified in the extradition request, the Chief Justice of the People’s Court that issued the decision on postponement of extradition may, at the request of the requesting State through the Ministry of Public Security and on the basis of opinions of the People’s Procuracy and the competent police authority conducting criminal proceedings or the authority managing the execution of criminal judgments with respect to the person requested for extradition, issue a decision on the temporary extradition of the person requested for extradition to the requesting State. The enforcement of the decision on temporary extradition shall be carried out in accordance with the procedures prescribed in Articles 35, 36 and 37 of this Law.
2. A person temporarily extradited must be surrendered back to Viet Nam immediately after the completion of the criminal proceedings in the requesting State or upon the expiry of the period of temporary extradition as agreed between Viet Nam and the requesting State, in order to continue the prosecution or the execution of the sentence with respect to the person requested for extradition in Viet Nam. The decision on temporary extradition shall cease to have effect when the temporarily extradited person is surrendered back to Viet Nam.
3. Where the requesting State does not submit a new extradition request, after the completion of the prosecution or execution of the sentence with respect to the person requested for extradition in Viet Nam, the Chief Justice of the People’s Court that issued the decision on temporary extradition shall allow the continuation of the enforcement of the decision on the enforcement of the extradition decision. Where the requesting State submits a new extradition request, the Chief Justice of the People’s Court that issued the decision on temporary extradition shall, at the request of the Ministry of Public Security, annul the extradition decision and the decision on the enforcement of the extradition decision in order to consider and resolve the new extradition request in accordance with this Law where there are legitimate grounds.
Where a person who has been extradited evades prosecution or the execution of a sentence abroad and returns to Viet Nam, the requesting State may submit a request for the re-extradition of that person together with the dossier prescribed in Article 26 of this Law. In such a case, the People’s Court that issued the first-instance decision shall issue a decision on the re-extradition of that person without conducting the procedure for consideration of the extradition request prescribed in Article 29 of this Law.
The enforcement of the decision on re-extradition shall be carried out in accordance with Articles 35, 36 and 37 of this Law.
Article 41. Refusal of extradition
1. A competent People’s Court must refuse extradition in any of the following cases:
a) It is inconsistent with the principles prescribed in Clause 2 Article 4 of this Law;
b) The offence specified in the extradition request does not satisfy the conditions prescribed in Article 7 of this Law;
c) The person requested for extradition is a Vietnamese citizen;
d) The statute of limitations for criminal prosecution or for the enforcement of the judgment against the person requested for extradition has expired in accordance with the laws of Viet Nam;
dd) The person requested for extradition has been convicted by a legally effective judgment of a Vietnamese court or has been declared not guilty, exempted from criminal liability or exempted from the execution of the sentence for the criminal act specified in the extradition request, or the case has been terminated in accordance with the laws of Viet Nam;
e) The person requested for extradition is at risk of persecution, torture, cruel, inhuman or degrading treatment or punishment in the requesting State;
g) The extradition request is made on the grounds of race, religion, gender, nationality, ethnic origin, social status or political opinion of the person requested for extradition, or the person may be treated unfairly in criminal proceedings or in the execution of the judgment for such reasons.
2. A competent People’s Court may refuse extradition in any of the following cases:
a) The offence specified in the extradition request is a political or military offence under the international treaties to which the Socialist Republic of Viet Nam is a party;
b) The person requested for extradition is being prosecuted in Viet Nam for the offence specified in the extradition request.
3. Where there are clear grounds to determine that the person requested for extradition falls under the cases of mandatory refusal of extradition prescribed in Clause 1 of this Article, the Ministry of Public Security shall notify the requesting State. The Minister of Public Security shall provide detailed regulations for the implementation of this Clause.
Article 42. Handling of cases where Viet Nam refuses to extradite Vietnamese citizens to foreign countries
1. Where Viet Nam refuses to extradite a Vietnamese citizen to a foreign country for criminal prosecution, if requested by the foreign country, the consideration of criminal liability of such person shall be carried out in accordance with the Penal Code and the laws on mutual legal assistance in criminal matters.
2. Where Viet Nam refuses to extradite a Vietnamese citizen to a foreign country for the execution of a sentence, if requested by the foreign country, the People’s Court that issued the decision refusing extradition may consider the request of the foreign country for recognition and enforcement in Viet Nam of the criminal judgment of the foreign court in accordance with the Penal Code, the Criminal Procedure Code, the Law on Execution of Criminal Judgments and the laws on mutual legal assistance in criminal matters.
Article 43. Handling of cases where Viet Nam refuses to extradite foreign nationals to foreign countries
Where Viet Nam refuses to extradite a foreign national to a foreign country and the foreign country requests criminal prosecution of such person, the Ministry of Public Security shall take the prime responsibility for, and coordinate with the Supreme People’s Court and the Supreme People’s Procuracy in considering the application of the provisions prescribed in Clause 1 Article 42 of this Law.
1. This Law comes into force as of July 1, 2026.
2. The Law on Mutual Legal Assistance No. 08/2007/QH12, as amended and supplemented by Law No. 81/2025/QH15, shall cease to have effect from the effective date of this Law, except for the transitional provisions prescribed in Article 45 of this Law, Article 48 of the Law on Transfer of Persons Serving Prison Sentences, Clause 1 Article 42 of the Law on Mutual Legal Assistance in Criminal Matters and Clause 1 Article 38 of the Law on Mutual Legal Assistance in Civil Matters.
Article 45. Transitional provisions
Extradition requests made or received by the Ministry of Public Security before the effective date of this Law shall continue to be considered and resolved in accordance with the Law on Mutual Legal Assistance No. 08/2007/QH12, as amended and supplemented by Law No. 81/2025/QH15.
This Law was passed by the National Assembly of the Socialist Republic of Viet Nam, 15th Legislature, at its 10th Session on 26 November 2025.
|
PRESIDENT OF THE NATIONAL ASSEMBLY Tran Thanh Man |
