|
THE NATIONAL ASSEMBLY |
SOCIALIST REPUBLIC OF VIETNAM |
|
Law No. 103/2025/QH15 |
Hanoi, November 26, 2025 |
ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS
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 hereby promulgates the Law on mutual legal assistance in criminal matters.
This Law provides for principles, competence, procedures for mutual legal assistance in criminal matters between Vietnam and foreign countries; and responsibilities of Vietnamese state authorities in mutual legal assistance in criminal matters.
This Law applies to Vietnamese agencies, organizations and individuals, and foreign agencies, organizations and individuals involved in mutual legal assistance in criminal matters 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. Mutual legal assistance in criminal matters means Vietnam and foreign countries, through competent state authorities, providing assistance to each other in carrying out verification, investigation, collection of evidence or other activities serving the handling of criminal matters, criminal cases and enforcement of criminal judgments.
2. Requesting State means a State that sends a request for mutual legal assistance in criminal matters for the requested State to consider providing assistance in execution.
3. Requested State means a State requested to provide mutual legal assistance in criminal matters.
4. Requesting authority means a competent authority prescribed by law that requests a foreign country to provide mutual legal assistance in criminal matters for the handling of criminal matters, criminal cases and enforcement of criminal judgments.
5. Executing authority means a competent authority prescribed by law that is assigned to execute mutual legal assistance in criminal matters in Vietnam and foreign countries.
1. Mutual legal assistance in criminal matters shall be carried out in accordance with this Law; where this Law contains no provisions, provisions of the law on criminal procedure and other relevant provisions of Vietnamese law shall apply.
2. Application of foreign law shall only be carried out in accordance with international treaties to which the Socialist Republic of Vietnam is a party.
Article 5. Principles of mutual legal assistance in criminal matters
1. Mutual legal assistance in criminal matters shall be carried out on the principles of respect for independence, sovereignty, territorial integrity, non-interference in each other’s internal affairs, equality and mutual benefit, and in conformity with the Constitution, Vietnamese law, and relevant international treaties to which the Socialist Republic of Vietnam is a party.
2. Where Vietnam and a foreign country are not parties to the same international treaty on mutual legal assistance in criminal matters, such mutual legal assistance shall be carried out on the principle of reciprocity, provided that it is not contrary to Vietnamese law and is consistent with international law and international practices.
Article 6. Central authority of the Socialist Republic of Vietnam in mutual legal assistance in criminal matters
1. The Supreme People’s Procuracy is the central authority of the Socialist Republic of Vietnam in mutual legal assistance in criminal matters.
2. The central authority of the Socialist Republic of Vietnam in mutual legal assistance in criminal matters shall act as the focal point for information exchange, receipt, transfer, monitoring and urging the execution of mutual legal assistance in criminal matters; refuse or postpone the execution of requests for mutual legal assistance in criminal matters within its competence; coordinate with relevant authorities in considering and resolving requests for mutual legal assistance in criminal matters; propose the conclusion, accession to and execution of international treaties on mutual legal assistance in criminal matters; and perform other tasks and exercise other powers in accordance with the law on mutual legal assistance in criminal matters and international treaties to which the Socialist Republic of Vietnam is a party.
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 handling of requests for mutual legal assistance in criminal matters of foreign States and the sending of requests for mutual legal assistance in criminal matters of Vietnam in accordance with the reciprocity principle.
2. Where necessary, the Supreme People’s Procuracy shall seek opinions from the Ministry of Foreign Affairs and relevant agencies before making a decision.
Article 8. Language of application files for mutual legal assistance in criminal matters
1. Where Vietnam and a foreign country are parties to the same international treaty on mutual legal assistance in criminal matters, the language of application files for mutual legal assistance in criminal matters shall be the language prescribed in such international treaty.
2. Where Vietnam and a foreign country are not parties to the same international treaty on mutual legal assistance in criminal matters, application files for mutual legal assistance in criminal matters shall be accompanied by a translation into the language of the requested State or another language accepted by the requested State.
3. The requesting authority of Vietnam shall translate the documents and materials 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 includes:
1. Service, delivery and transmission of procedural documents;
2. Searches and seizures;
3. Confiscation, return and disposal of exhibits and assets;
4. Arranging for persons in the requested State to travel to the requesting State to support investigation and provide evidence;
5. Arranging for competent 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 who are being held in custody or serving prison sentences in the requested State to the requesting State to support investigation and provide evidence;
7. Taking statements in person, online, and other forms of collection and provision of evidence;
8. Transfer of criminal prosecution;
9. Exchange of information;
10. Other forms of assistance.
Article 10. Exemption from consular legalization
Application files and results of execution of requests for mutual legal assistance in criminal matters shall be exempt from consular legalization if they are signed and sealed by competent persons or authorities of foreign States, unless otherwise provided by an international treaty to which the Socialist Republic of Vietnam is a party.
Article 11. Assurance of safety
1. Where requesting a person to be present in the territory of the requesting State to support investigation and provide evidence, the requesting State shall provide written undertakings on the following matters:
a) Such person shall not be subject to criminal prosecution in the territory of the requesting State for acts committed before leaving the requested State;
b) Such person shall not be arrested or subjected to any other measures restricting liberty in the territory of the requesting State for acts committed before leaving the requested State, except for the 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 support any criminal investigation activities beyond the scope stated in the request for mutual legal assistance, unless such person consents.
2. A person who does not consent to travel to the requesting State to support investigation and provide evidence shall not be subject to any penalty or coercive measure.
3. A person who consents to travel to the requesting State to support investigation and provide evidence shall not be subject to criminal prosecution for his or her statements, except in cases of false testimony.
4. The rights not to be subject to criminal prosecution, arrest or restriction of liberty specified at Points a and b Clause 1 of this Article shall cease if such person fails to leave the requesting State after the period of 15 days from the date of receipt of written notification by the competent authority of the requesting State that the presence of such person in its territory is no longer required. This period shall not include the time during which such person is unable to leave the requesting State due to force majeure.
Article 12. Confidentiality of information and limitation of use
1. Information, materials and evidence provided by competent authorities shall be used only for the purposes stated in the request for mutual legal assistance in criminal matters and shall not be disclosed or transferred to third parties. Where information, materials and evidence are to be used for purposes other than those stated in the request, prior written consent of the competent authority of the other State is required.
2. Information, materials and evidence provided by competent authorities of the requested State shall be ensured against distortion, alteration or unlawful disclosure. At the request of the requesting State or where necessary, competent authorities of the requested State shall decide on the application of appropriate measures to ensure confidentiality of information.
3. Where confidentiality requirements cannot be fulfilled, competent authorities of the requested State shall notify and clearly state the reasons, and exchange with competent authorities of the requesting State on alternative measures, if any.
Article 13. Transfer and receipt of documents, exhibits and assets related to mutual legal assistance in criminal matters
1. The transfer and receipt of documents, exhibits and assets related to mutual legal assistance in criminal matters between the Supreme People’s Procuracy and the requesting authority or executing authority in Vietnam shall be carried out in accordance with Vietnamese law.
2. The transfer and receipt of documents, exhibits and assets related to mutual legal assistance in criminal matters between the Supreme People’s Procuracy and competent authorities of foreign States shall be agreed by the parties, in conformity with international treaties to which both States are parties, Vietnamese law and relevant foreign law.
Article 14. Consideration of requests related to the death penalty
1. Where a foreign State requests Vietnam not to impose the death penalty or not to carry out the death penalty in order to execute a request for mutual legal assistance in criminal matters, the Supreme People’s Procuracy shall take charge and cooperate with relevant agencies in issuing one of the following notifications:
a) A notification that the death penalty shall not be imposed or shall not be carried out in respect of the person related to the request for mutual legal assistance in criminal matters, where such person falls within the cases in which the death penalty is not imposed or not carried out in accordance with the Criminal Code;
b) A notification that the death penalty shall not be carried out in respect of the person related to the request for mutual legal assistance in criminal matters who does not fall within the case specified at 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 State not to impose the death penalty or not to carry out the death penalty in order to execute a request for mutual legal assistance in criminal matters, the Supreme People’s Procuracy shall request the foreign State to provide a written undertaking on this matter.
3. The Prosecutor General of the Supreme People’s Procuracy shall take charge and cooperate 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 this Article.
Article 15. Expenses for execution of requests for mutual legal assistance in criminal matters
1. Where Vietnam and a foreign country are parties to the same international treaty on mutual legal assistance in criminal matters, expenses for mutual legal assistance in criminal matters shall be implemented in accordance with such international treaty.
2. Where Vietnam and a foreign country are not parties to the same international treaty on mutual legal assistance in criminal matters and there is no other agreement, expenses for mutual legal assistance in criminal matters shall be borne by the requested State, except for the following expenses to be borne by the requesting State:
a) Expenses for bringing persons to or from, and expenses that such persons may be entitled to 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) Expenses for officers performing escort, transfer or accompaniment duties;
c) Expenses for expertise;
d) Expenses for interpretation, translation and copying of documents;
dd) Expenses for collection of evidence via video conferencing or other technical means;
e) Other incurred expenses for which the requested State requests the requesting State to bear.
3. The Government shall elaborate this Article.
Article 16. Funding for assurance of mutual legal assistance in criminal matters
Funding for mutual legal assistance in criminal matters shall be ensured by the state budget in accordance with the law on the state budget and other relevant provisions of law.
Article 17. Execution of mutual legal assistance in criminal matters between Vietnam and countries sharing common borders
1. Requesting authorities and executing authorities of provinces and centrally-affiliated cities sharing common borders between Vietnam and foreign countries may directly execute mutual legal assistance in criminal matters in cases specified in international treaties between Vietnam and foreign countries.
Province-level People’s Procuracies of provinces and centrally-affiliated cities sharing common borders between Vietnam and foreign countries shall be responsible for sending and receiving requests for mutual legal assistance in criminal matters sent by requesting authorities of such provinces and centrally-affiliated cities; and concurrently reporting to the Supreme People’s Procuracy for monitoring, coordination of contacts, urging and performance of management of mutual legal assistance in criminal matters.
2. Procedures for execution of mutual legal assistance in criminal matters between Vietnam and countries sharing common borders as prescribed in this Article shall be carried out similarly in accordance with the provisions of Chapters II and III of this Law.
Article 18. Responsibilities of Vietnamese state authorities in mutual legal assistance in criminal matters
1. The Supreme People’s Procuracy shall uniformly manage mutual legal assistance in criminal matters nationwide; report to the National Assembly on mutual legal assistance in criminal matters in its annual work reports; guide competent authorities in executing mutual legal assistance in criminal matters; and perform other tasks and exercise other powers of the central authority of the Socialist Republic of Vietnam in mutual legal assistance in criminal matters.
2. The Government shall cooperate with the Supreme People’s Procuracy in performing management of mutual legal assistance in criminal matters; and direct ministries, ministerial agencies and Governmental agencies in mutual legal assistance in criminal matters.
3. The Procuracies shall exercise the right to prosecution and supervise mutual legal assistance in criminal matters; other competent procedural-conducting authorities, judgment enforcement authorities and other relevant agencies shall, within the scope of their tasks and powers, execute mutual legal assistance in criminal matters in accordance with this Law and other relevant provisions of law.
The Prosecutor General of the Supreme People’s Procuracy shall take charge and cooperate 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 stipulating coordination in execution of tasks, powers and responsibilities of the Procuracies and other agencies with respect to the exercise of the right to prosecution and supervision of mutual legal assistance in criminal matters.
4. The Supreme People’s Court, ministries, ministerial agencies and Governmental agencies shall, within the scope of their tasks and powers, be responsible for cooperating with the Supreme People’s Procuracy in performing management of mutual legal assistance in criminal matters.
REQUESTS FOR MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS OF VIETNAM
Article 19. Application files for mutual legal assistance in criminal matters of Vietnam
1. Application files for mutual legal assistance in criminal matters of Vietnam sent to foreign States shall include the following documents:
a) The written request for mutual legal assistance in criminal matters of Vietnam as prescribed in Clause 1 Article 20 of this Law;
b) Other documents, if any.
2. Application files for mutual legal assistance in criminal matters of Vietnam shall be prepared in 3 sets, unless otherwise agreed. The language used for preparing application files shall comply with the provisions of Article 8 of this Law.
Article 20. Written requests for mutual legal assistance in criminal matters of Vietnam
1. A written request for mutual legal assistance in criminal matters of Vietnam sent to a foreign State shall contain the following principal contents:
a) Name of the requesting authority;
b) Legal grounds for making the request;
c) Name of the central authority of the requested State;
d) Name and address of individuals or organizations related to the request;
dd) Purpose of the request;
e) Information on criminal matters, criminal cases and enforcement of criminal judgments;
g) Provisions of Vietnamese law on criminal charges and penalties that may be applied;
h) Contents for which assistance from the foreign State is requested;
i) Time limit for notification of the results of execution of the request, if any;
k) Request for confidentiality of information, if any.
2. The Prosecutor General of the Supreme People’s Procuracy shall elaborate this Article.
Article 21. Making and sending requests for mutual legal assistance in criminal matters
1. Requesting authorities of Vietnam include:
a) The central authority of the Socialist Republic of Vietnam in mutual legal assistance in criminal matters;
b) Investigation agencies;
c) Procuracies;
d) Courts;
dd) Criminal judgment enforcement agencies and civil judgment enforcement agencies;
e) Other agencies as prescribed by law.
2. When a need arises to request a foreign State to execute mutual legal assistance in criminal matters, the requesting authority shall prepare application files for mutual legal assistance in criminal matters in accordance with Article 19 of this Law and send them to the Supreme People’s Procuracy.
3. Within 10 days from the date of receipt of the application files, the Supreme People’s Procuracy shall register acceptance and examine the validity of the application files. Where the application files are valid, the Supreme People’s Procuracy shall send them to the competent authority of the foreign State in accordance with the international treaty to which the Socialist Republic of Vietnam is a party, or transfer them to the Ministry of Foreign Affairs in cases where Vietnam and the foreign State are not parties to the same international treaty or where the international treaty to which the Socialist Republic of Vietnam is a party provides for transmission via diplomatic channels, and concurrently notify the requesting authority. Where the application files are invalid, the Supreme People’s Procuracy shall return them to the requesting authority, clearly stating the reasons and requesting supplementation of information or providing guidance on re-making the request.
4. Within 5 working days from the date of receipt of the application files, the Ministry of Foreign Affairs shall transfer the application files via diplomatic channels to the competent authority of the foreign State for execution.
5. Where, in accordance with the international treaty to which the Socialist Republic of Vietnam is a party or the law of the foreign State, the Supreme People’s Procuracy is required to directly make a request for mutual legal assistance in criminal matters, the requesting authority shall be responsible for providing information and documents to the Supreme People’s Procuracy.
6. After the application files have been sent to the competent authority of the foreign State, where the requesting authority determines that requesting the foreign State to execute mutual legal assistance in criminal matters is no longer necessary, it shall promptly notify the Supreme People’s Procuracy in writing so that the latter may notify the competent authority of the foreign State of the termination of the request for mutual legal assistance in criminal matters.
7. Receipt and transfer of documents and application files may be carried out in the electronic environment in accordance with law.
Article 22. Supplementation of information
1. Upon receipt of a request from the competent authority of a foreign State for supplementation or clarification of information related to criminal matters, criminal cases, enforcement of criminal judgments or other contents in a request for mutual legal assistance in criminal matters, the Supreme People’s Procuracy shall notify the requesting authority in writing for execution and specify a time limit. The requesting authority shall send a written supplementation or clarification of information to the Supreme People’s Procuracy.
2. Where the competent authority of a foreign State requests supplementation or clarification of information related to provisions of Vietnamese law, the Supreme People’s Procuracy shall provide such information to the competent authority of the foreign State.
3. Where necessary, the Supreme People’s Procuracy shall take charge and cooperate with the requesting authority and other relevant agencies in agreeing on the contents of information to be supplemented or clarified.
Article 23. Notification of results of execution of requests for mutual legal assistance in criminal matters
1. Within 5 working days from the date of receipt of the results of execution of a request for mutual legal assistance in criminal matters from a foreign State, the Supreme People’s Procuracy shall send such results to the requesting authority.
2. After receiving the results of execution of a request for mutual legal assistance in criminal matters, where the requesting authority considers that the results are unclear or incomplete, it may request the Supreme People’s Procuracy to request the competent authority of the foreign State to provide supplementation or clarification.
3. Upon receipt of a request as prescribed in Clause 2 of this Article, the Supreme People’s Procuracy shall request the competent authority of the foreign State to supplement or clarify the results of 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
Results of execution of requests for mutual legal assistance in criminal matters, which are executed in accordance with this Law and provided by competent authorities of foreign States, shall have legal validity and shall be considered and used in the process of handling criminal matters, criminal cases and enforcement of criminal judgments in accordance with law.
Article 25. Termination of requests for mutual legal assistance in criminal matters
1. Requests for mutual legal assistance in criminal matters shall be terminated in the following cases:
a) The requesting authority has received full results of execution of the request for mutual legal assistance in criminal matters;
b) The competent authority of a foreign State issues a written notification that the request for mutual legal assistance in criminal matters cannot be executed;
c) The requesting authority issues a written notification that the request for mutual legal assistance in criminal matters is no longer necessary;
d) The Supreme People’s Procuracy, the requesting authority and relevant agencies reach consensus on terminating the request for mutual legal assistance in criminal matters in cases where no response is received from the foreign State.
2. The Prosecutor General of the Supreme People’s Procuracy shall take charge and cooperate 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 this Article.
Article 26. Requests to foreign States for criminal prosecution
1. For criminal cases involving foreign offenders who commit crimes in the territory of Vietnam and then flee abroad and where extradition cannot be carried out, the authority handling the case shall transfer the case file to the Supreme People’s Procuracy to request the State where the offender is present or the State of the offender’s nationality to continue criminal prosecution. When deciding on the transfer of the case file, the Supreme People’s Procuracy may also transfer exhibits of the case.
2. The Prosecutor General of the Supreme People’s Procuracy shall take charge and cooperate 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 this Article.
REQUESTS FOR MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS OF FOREIGN STATES
Article 27. Application files for mutual legal assistance in criminal matters of foreign States
1. Application files for mutual legal assistance in criminal matters of foreign States sent to Vietnam shall include the following documents:
a) The written request for mutual legal assistance in criminal matters of a foreign State as prescribed in Article 28 of this Law;
b) Other documents, if any.
2. Application files for mutual legal assistance in criminal matters of foreign States shall be prepared in 3 sets, unless otherwise agreed.
The language used for preparing application files shall comply with the provisions of Article 8 of this Law.
Article 28. Written requests for mutual legal assistance in criminal matters of foreign States
A written request for mutual legal assistance in criminal matters of a foreign State sent to Vietnam shall contain the following principal contents:
1. Name of the requesting authority;
2. Legal grounds for making the request;
3. Name and address of individuals or organizations related to the request;
4. Purpose of the request;
5. Information on criminal matters, criminal cases and enforcement of criminal judgments; circumstances of criminal matters, criminal cases and enforcement of criminal judgments related to Vietnam; the relationship between individuals or organizations related to the request and the contents of the criminal matters, criminal cases and enforcement of criminal judgments; and progress in handling criminal matters, criminal cases and enforcement of criminal judgments;
6. Provisions of law of the requesting State on criminal charges and penalties that may be applied;
7. Contents for which assistance from Vietnam is requested;
8. Time limit for notification of results of execution of the request, if any;
9. Request for confidentiality of information, if any.
Article 29. Receipt of application files for mutual legal assistance in criminal matters of foreign States
1. Within 10 days from the date of receipt of application files from competent authorities of foreign States, the Supreme People’s Procuracy shall register acceptance and examine the validity of the application files. Where the application files are valid, the Supreme People’s Procuracy shall transfer them to the executing authority for execution. Where the application files are invalid, the Supreme People’s Procuracy shall return them to the competent authority of the foreign State or request supplementation of information, clearly stating the reasons.
2. Where an international treaty between Vietnam and a foreign State provides that requests for mutual legal assistance in criminal matters may be made in another language, if the application files have not yet been translated into Vietnamese, the Supreme People’s Procuracy shall arrange the translation of the application files into Vietnamese in accordance with law. Within 10 days from the date of receipt of the translation, the Supreme People’s Procuracy shall process the application files in accordance with Clause 1 of this Article.
3. Where application files for mutual legal assistance in criminal matters are sent via other agencies, within 5 working days from the date of receipt of the application files, the receiving agency shall be responsible for transferring the application files to the Supreme People’s Procuracy.
4. Receipt and transfer of documents and application files may be carried out in the electronic environment in accordance with law.
Article 30. Refusal or postponement of execution of requests for mutual legal assistance in criminal matters of foreign States
1. Requests for mutual legal assistance in criminal matters of foreign States shall be refused in any of the following cases:
a) As provided in international treaties to which the Socialist Republic of Vietnam is a party;
b) Violating the principles specified in Clause 1 Article 5 of this Law;
c) Causing prejudice to the sovereignty, national security, national interests or public order of Vietnam;
d) Relating to criminal prosecution of a person for an act for which such person has been convicted, acquitted, or granted amnesty or special amnesty in Vietnam;
dd) Relating to criminal acts for which the statute of limitations for criminal prosecution has expired in accordance with Vietnamese criminal law;
e) Where there are grounds to believe that the request for mutual legal assistance in criminal matters is made for the purpose of prosecuting a person on the grounds of race, religion, nationality, ethnic origin or political opinions, or that such person may, for such reasons, be subjected to unfair treatment in the course of criminal prosecution.
2. Requests for mutual legal assistance in criminal matters of foreign States may be refused in any of the following cases:
a) Acts constituting violations of law but not constituting crimes in accordance with Vietnamese criminal law;
b) Execution of the request exceeds the capacity or conditions of executing authorities in Vietnam;
c) Requests relating to crimes of a political nature or military matters as provided in international treaties to which the Socialist Republic of Vietnam is a party.
3. Requests for mutual legal assistance in criminal matters of foreign States may be postponed in Vietnam where execution would obstruct the institution of criminal proceedings, investigation, prosecution, adjudication or enforcement of criminal judgments in Vietnam.
4. When deciding to refuse or postpone execution of a request for mutual legal assistance in criminal matters as prescribed in Clauses 1, 2 and 3 of this Article, the Supreme People’s Procuracy shall notify the competent authority of the foreign State and clearly state the reasons.
Article 31. Execution of requests for mutual legal assistance in criminal matters of foreign States
1. Executing authorities in Vietnam include:
a) The central authority of the Socialist Republic of Vietnam in mutual legal assistance in criminal matters;
b) Investigation agencies;
c) Procuracies;
d) Courts;
dd) Criminal judgment enforcement agencies and civil judgment enforcement agencies;
e) Other agencies as prescribed by law.
2. After executing the request, the executing authorities specified at Points b, c, d, dd and e Clause 1 of this Article shall send the results of execution of the request for mutual legal assistance in criminal matters to the Supreme People’s Procuracy. Within 5 working days from the date of receipt of the results, the Supreme People’s Procuracy shall send such results to the competent authority of the foreign State in accordance with the international treaty to which Vietnam and the foreign State are parties or via diplomatic channels.
3. Where execution of a request for mutual legal assistance in criminal matters is not possible or where supplementation of information or documents is required, the executing authority shall notify the Supreme People’s Procuracy in writing, clearly stating the reasons for the Supreme People’s Procuracy to notify the competent authority of the foreign State.
4. The Prosecutor General of the Supreme People’s Procuracy shall take charge and cooperate 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 Clause 1 of this Article.
Article 32. Execution of requests for service, delivery and transmission of summons
1. Where summoning witnesses, experts or other related persons who are present in Vietnam to travel to the requesting State, the competent authority of the requesting State shall send a written request enclosed with a summons, if any, to the Supreme People’s Procuracy at least 90 days before the date on which such person is required to be present in the requesting State. 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 authority when all of the following conditions are satisfied:
a) The request relates to criminal matters, criminal cases or enforcement of criminal judgments in the requesting State;
b) There are grounds to believe that the person to be summoned is present in Vietnam.
3. The executing authority shall promptly carry out service, delivery and transmission of the summons in accordance with procedures for criminal procedure or as requested in the request for mutual legal assistance in criminal matters. After service, delivery or transmission of the summons, the executing authority shall immediately send to the Supreme People’s Procuracy a written confirmation of service, delivery or transmission, or, where service, delivery or transmission cannot be carried out, shall clearly state the reasons for notification to the requesting State.
Article 33. Execution of requests for taking statements online
1. After receiving a request for taking statements online, the executing authority shall verify information and the address of the person proposed to give statements online; seek that person’s opinion on consent or non-consent to participate in the activity of taking statements online; and notify other related matters.
2. The executing authority shall notify the opinion of the person proposed to give statements online to the Supreme People’s Procuracy for notification to the requesting State.
3. Where the person proposed to give statements online consents and the request for mutual legal assistance in criminal matters meets Vietnam’s conditions, the Supreme People’s Procuracy shall notify the requesting State and request the requesting State to provide information on the time and place for taking statements; expenses for the person giving statements; composition of participants at the requesting State’s endpoint; and other necessary information.
Where the person proposed to give statements online does not consent or consents subject to conditions, the Supreme People’s Procuracy shall notify the requesting State.
4. Where the requesting State satisfies the provisions of Clause 3 of this Article, the Supreme People’s Procuracy shall notify the executing authority to roll out execution.
5. The Prosecutor General of the Supreme People’s Procuracy shall take charge and cooperate 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 this Article.
Article 34. Execution of requests for confiscation, return and disposal of exhibits and assets
1. Competent authorities of Vietnam shall apply procedural measures to ensure confiscation, return and disposal of exhibits and assets related to criminal acts in accordance with the law on criminal procedure and other relevant provisions of law.
2. Where Vietnam and a foreign State are parties to the same international treaty on mutual legal assistance in criminal matters, the return of confiscated assets shall be carried out in accordance with such international treaty. Where Vietnam and the foreign State are not parties to the same international treaty on mutual legal assistance in criminal matters or where the international treaty to which the Socialist Republic of Vietnam is a party contains no provisions, the return of confiscated assets shall be carried out in accordance with an agreement on asset sharing between Vietnam and the foreign State.
3. Expenses incurred in the process of executing requests for mutual legal assistance in criminal matters shall be deducted prior to conducting negotiations on asset sharing between Vietnam and the foreign State.
4. In applying this Article, lawful rights and interests of persons that have related rights and obligations shall be respected and protected.
5. The Supreme People’s Procuracy shall take charge and cooperate with relevant agencies in determining incurred expenses and negotiating asset sharing between Vietnam and the foreign State.
Article 35. Arranging for persons in Vietnam to travel abroad to support investigation and provide evidence
1. At the request of the competent authority of a foreign State, the Supreme People’s Procuracy may arrange for persons not falling within the cases specified in Article 37 of this Law to travel abroad to support investigation and provide evidence. Where deemed necessary, the Supreme People’s Procuracy shall notify the competent authority of the foreign State to continue applying measures restricting liberty to such person.
2. After considering the conditions committed in writing by the competent authority of the foreign State in accordance with Article 11 of this Law, including assurances of safety of life and health, accommodation and travel conditions and other necessary conditions, the Supreme People’s Procuracy shall cooperate with the executing authority to request the person specified in Clause 1 of this Article to support investigation or provide evidence in the territory of the foreign State; and notify such person of safety assurances, accommodation and travel conditions abroad, allowances or expenses that may be entitled to, and other related information.
3. The Supreme People’s Procuracy shall promptly notify the opinion of such person to the competent authority of the foreign State. Where such person consents, necessary procedures shall be carried out to arrange for such person to travel abroad to support investigation and provide evidence.
Article 36. Arranging for competent persons of foreign States to be present in Vietnam during execution of requests for mutual legal assistance in criminal matters
Where the competent authority of a foreign State requests Vietnam to permit competent persons specified in the request for mutual legal assistance in criminal matters to be present during execution of the request in Vietnam, the Supreme People’s Procuracy shall seek opinions from the executing authority; if consenting, the Supreme People’s Procuracy shall notify the competent authority of the foreign State of the time and place for execution of the request for mutual legal assistance in criminal matters; if not consenting or where circumstances arise that may postpone execution of the request for mutual legal assistance in criminal matters, the Supreme People’s Procuracy shall notify the competent authority of the foreign State and clearly state the reasons.
Article 37. Temporary transfer of persons being held in custody or serving prison sentences in Vietnam to foreign States to support investigation and provide evidence
1. Persons being held in custody or serving prison sentences in Vietnam may be temporarily transferred to competent authorities of foreign States to support investigation and provide evidence abroad. In this case, the Supreme People’s Procuracy shall notify the competent authority of the foreign State to continue detention of the person temporarily transferred.
2. Competent authorities of Vietnam shall only temporarily transfer persons being held in custody or serving prison sentences as prescribed in Clause 1 of this Article when all of the following conditions are satisfied:
a) Such person consents to the temporary transfer to support investigation and provide evidence abroad;
b) There is a written undertaking by the competent authority of the foreign State to ensure safety in accordance with Article 11 of this Law, including assurance of safety of life and health, accommodation and travel conditions, duration, methods of receipt and return, and other conditions related to the temporary transfer. The return of the person temporarily transferred to the competent authority of Vietnam shall be carried out strictly within the committed time limit.
3. The period during which the person temporarily transferred is escorted and stays abroad shall be counted toward the period of custody or the period of serving the prison sentence of such person.
4. Upon expiration of the period of custody or the period of serving the prison sentence, or where it is deemed unnecessary to continue detention of the person temporarily transferred, the Supreme People’s Procuracy shall notify the competent authority of the foreign State to release such person and ensure the conditions prescribed 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 State to apply other measures restricting liberty to the person previously held in custody who has been released as prescribed in this Clause.
5. In applying Clause 1 of this Article, procedures, competence, decisions and execution of temporary transfer shall be carried out similarly to the provisions on extraction and escort of persons being held in custody or serving prison sentences in accordance with the law on criminal procedure, enforcement of temporary detention and custody, enforcement of criminal judgments, and other relevant provisions of law.
6. The Prosecutor General of the Supreme People’s Procuracy shall take charge and cooperate 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 this Article.
Article 38. Handling of requests of foreign States for criminal prosecution
1. Upon receipt of application files from a foreign State requesting continuation of criminal prosecution against a Vietnamese citizen who has committed a crime abroad and is present in Vietnam, the Supreme People’s Procuracy shall examine the validity of the application files and handle them as follows:
a) Transfer them to the Investigation Agency of the Ministry of Public Security or the Investigation Agency of the Ministry of National Defense to conduct investigation according to competence;
b) Transfer them to the province-level People’s Procuracy of the locality where the person requested for continuation of criminal prosecution last resided before leaving the country, or to the competent military procuracy of the military zone, for continuation of criminal prosecution or for transfer to the investigation agency at the same level to conduct investigation according to competence.
2. Investigation, prosecution and adjudication of the cases specified in Clause 1 of this Article shall be carried out in accordance with Vietnamese law.
3. In the course of handling requests of foreign States for continuation of criminal prosecution, where additional information or documents from foreign States are required, the executing authority shall send a written request to the Supreme People’s Procuracy for requesting the competent authority of the foreign State to provide supplementation of information or documents.
Article 39. Completion of execution of requests for mutual legal assistance in criminal matters
1. Execution of requests for mutual legal assistance in criminal matters shall be completed in the following cases:
a) The Supreme People’s Procuracy notifies the requesting State of the results of execution;
b) The Supreme People’s Procuracy notifies the requesting State that execution of the request for mutual legal assistance in criminal matters is not possible;
c) The requesting State notifies completion of the request for mutual legal assistance in criminal matters.
2. In the case specified at Point c Clause 1 of this Article, the Supreme People’s Procuracy shall notify the executing authority to complete execution of the request for mutual legal assistance in criminal matters.
Article 40. Amendments to related laws
1. Amendments to a number of articles of the Criminal Procedure Code No. 101/2015/QH13, as amended by Law No. 02/2021/QH15, Law No. 34/2024/QH15, Law No. 59/2024/QH15 and Law No. 99/2025/QH15, are as follows:
a) Amending Point a Clause 1 Article 148 as follows:
“a) Where judicial expertise has been solicited or asset valuation has been requested but results are not yet available; or where a request for mutual legal assistance in criminal matters has been made to a foreign State but has not yet been completed in accordance with the Law on mutual legal assistance in criminal matters;”;
b) Amending Clause 3 Article 148 is as follows:
“3. Where handling of denunciations, crime reports or petitions for institution of criminal proceedings is temporarily suspended, judicial expertise and asset valuation shall continue until results are obtained; mutual legal assistance in criminal matters shall continue until completion in accordance with the Law on mutual legal assistance in criminal matters.”;
c) Amending Point c Clause 1 Article 229 as follows:
“c) Where judicial expertise has been solicited or asset valuation has been requested but results are not yet available, or where a request for mutual legal assistance in criminal matters has been made to a foreign State but has not yet been completed in accordance with the Law on mutual legal assistance in criminal matters, and the investigation time limit has expired. In this case, judicial expertise and asset valuation shall continue until results are obtained; mutual legal assistance in criminal matters shall continue until completion in accordance with the Law on mutual legal assistance in criminal matters;”;
d) Amending Point c Clause 1 Article 247 as follows:
“c) Where judicial expertise has been solicited or asset valuation has been requested but results are not yet available, or where a request for mutual legal assistance in criminal matters has been made to a foreign State but has not yet been completed in accordance with the Law on mutual legal assistance in criminal matters, and the time limit for deciding on prosecution has expired. In this case, judicial expertise and asset valuation shall continue until results are obtained; mutual legal assistance in criminal matters shall continue until completion in accordance with the Law on mutual legal assistance in criminal matters;”;
dd) Amending Clause 1 Article 443 as follows:
“1. Investigation agencies and agencies assigned to conduct certain investigation activities shall decide on temporary suspension of investigation where judicial expertise has been solicited or asset valuation has been requested but results are not yet available, or where a request for mutual legal assistance in criminal matters has been made to a foreign State but has not yet been completed in accordance with the Law on mutual legal assistance in criminal matters, and the investigation time limit has expired. In this case, judicial expertise and asset valuation shall continue until results are obtained; mutual legal assistance in criminal matters shall continue until completion in accordance with the Law on mutual legal assistance in criminal matters.”;
e) Replacing the phrase “Law on mutual legal assistance” with the phrase “Law on mutual legal assistance in criminal matters” at Point c Clause 3 Article 185;
g) Adding the phrase “persons being held in custody,” after the phrase “experts,” in Article 496.
2. Replacing the phrase “Law on mutual legal assistance” with the phrase “Law on mutual legal assistance in criminal matters” in Clause 4 Article 32 of the Law on Organization of People’s Procuracies No. 63/2014/QH13, as amended by Law No. 82/2025/QH15.
3. Amending Clause 2 Article 28 of the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam No. 47/2014/QH13, as amended 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 persons specified in Clause 1 Article 35 and Clause 1 Article 37 of the Law on mutual legal assistance in criminal matters.”.
1. This Law shall come into force on July 1, 2026.
2. The Law on Mutual Legal Assistance No. 08/2007/QH12, as amended by Law No. 81/2025/QH15, ceases to be effective as of 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 Prison 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 that are made or received by the Supreme People’s Procuracy 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 by Law No. 81/2025/QH15.
2. The provision on “judicial entrustment” in the criminal field specified in Clause 1 Article 6 of the Law on Mutual Legal Assistance No. 08/2007/QH12, as amended by Law No. 81/2025/QH15, in current normative legal documents shall be used equivalently to the provision on “requests for mutual legal assistance in criminal matters” specified in this Law.
This Law was adopted by the 15th National Assembly of the Socialist Republic of Vietnam at its 10th session on November 26, 2025./.
|
|
PRESIDENT OF THE NATIONAL ASSEMBLY Tran Thanh Man |
