Decree 167/2026/ND-CP detail the Law on Extradition

DECREE

Detailing a number of articles of the Law on Extradition¹

Pursuant to Law No. 63/2025/QH15 on Organisation of the Government;

Pursuant to Law No. 100/2025/QH15 on Extradition;

At the proposal of the Minister of Public Security;

The Government promulgates the Decree detailing a number of articles of the Law on Extradition.

Chapter I

GENERAL PROVISIONS

Section 1

SCOPE OF REGULATION AND SUBJECTS OF APPLICATION

Article 1. Scope of regulation

This Decree details Articles 5, 8, 9, 13, 16, 20 and 22; Clauses 2 and 3, Article 23; and Articles 24 and 27, of Law No. 100/2025/QH15 on Extradition (below referred to as the Law on Extradition).

Article 2. Subjects of application

This Decree applies to Vietnamese and foreign agencies, organisations and individuals involved in extradition between Vietnam and foreign countries.

Section 2

APPLICATION OF THE PRINCIPLE OF RECIPROCITY IN EXTRADITION

Article 3. Cases eligible for consideration and decision on the application of the principle of reciprocity

1. The Ministry of Public Security shall consider and decide to accept the application of the principle of reciprocity in the following cases:

a/ The Ministry of Public Security requests a foreign competent authority to apply the principle of reciprocity in extradition and such foreign competent authority gives written acceptance;

b/ Previously, the Vietnamese competent authority and the foreign competent authority have not cooperated in extradition, but the foreign competent authority makes a written commitment to apply the principle of reciprocity.

2. The Ministry of Public Security shall consider and decide to refuse the application of the principle of reciprocity in case the Ministry of Public Security has requested a foreign competent authority to apply the principle of reciprocity in extradition and such foreign competent authority has made a written refusal. In this case, the Ministry of Public Security shall consult the Ministry of Foreign Affairs and related agencies under Clause 3, Article 6 of this Decree before making decision.

Article 4. Form of written commitment to apply the principle of reciprocity

1. The commitment to apply the principle of reciprocity by the Vietnamese competent authority or by a foreign competent authority shall be made in writing.

2. Such a commitment may be established as an independent document or as a content of an extradition request.

Article 5. Contents of written commitments to apply the principle of reciprocity

1. In case a written commitment to apply the principle of reciprocity is independent from an extradition request, the written commitment must contain the following information, unless otherwise agreed:

a/ The applied legal grounds;

b/ The name of the person whose extradition is requested and the crime charged against him/her;

c/ An affirmation on the application of the principle of reciprocity.

2. In case a commitment to apply the principle of reciprocity is stated in an extradition request, such commitment must include the information specified in Point c, Clause 1 of this Article, unless otherwise agreed.

Article 6. Order and procedures for deciding to apply the principle of reciprocity in case Vietnam is the requested State

1. Upon receiving an extradition request dossier from a foreign country, the Ministry of Public Security shall examine contents of the commitment to apply the principle of reciprocity. In case the extradition request dossier does not yet contain such commitment, the Ministry of Public Security shall request the foreign competent authority to additionally provide the written commitment.

2. Within 5 working days after receiving a valid dossier for extradition request accompanied by the commitment to apply the principle of reciprocity, the Ministry of Public Security shall assess such commitment against the conditions specified in Clause 1, Article 5 of the Law on Extradition. In case of acceptance, the Ministry of Public Security shall forward the extradition request dossier to the competent regional People’s Court for consideration and processing under regulations. In case of refusal, the Ministry of Public Security shall send a notice of refusal to the foreign country by the method specified in Clause 2, Article 8 of the Law on Extradition and Article 9 of this Decree, clearly stating the reason.

3. In case an extradition request dossier is likely to affect the political or foreign relations of Vietnam with the requesting State or a third party, the related agencies shall proceed with the following procedures:

a/ The Ministry of Public Security shall consult the Ministry of Foreign Affairs, the Supreme People’s Court, the Supreme People’s Procuracy and related agencies before deciding to apply the principle of reciprocity;

b/ Within 7 working days after receiving the consultation request, the consulted agencies shall send their written opinions to the Ministry of Public Security;

c/ Within 5 working days after receiving opinions from the related agencies, the Ministry of Public Security shall decide to accept or refuse the application of the principle of reciprocity. In case of acceptance, the Ministry of Public Security shall forward the extradition request dossier to the competent regional People’s Court for consideration and processing under regulations. In case of refusal, the Ministry of Public Security shall send a notice thereof to the foreign country by the method specified in Clause 2, Article 8 of the Law on Extradition and Article 9 of this Decree.

Article 7. Order and procedures for deciding to apply the principle of reciprocity in case Vietnam is the requesting State

1. In case a foreign country requests Vietnam to additionally provide a commitment to apply the principle of reciprocity in an extradition request dossier, the Ministry of Public Security shall assess such commitment against the conditions specified in Clause 1, Article 5 of the Law on Extradition.

2. In case of acceptance, the Ministry of Public Security shall make a written commitment to apply the principle of reciprocity and forward it to the foreign country. In case of refusal, the Ministry of Public Security shall send a notice thereof to the foreign country, clearly stating the reason. The Ministry of Public Security shall forward such documents by the method specified in Clause 2, Article 8 of the Law on Extradition and Article 9 of this Decree.

3. In case a foreign country’s request is complicated or is likely to affect the political or foreign relations of Vietnam with the requesting State or a third party, the related agencies shall proceed with the following procedures:

a/ The Ministry of Public Security shall consult the Ministry of Foreign Affairs, the Supreme People’s Court, the Supreme People’s Procuracy and related agencies before deciding to apply the principle of reciprocity;

b/ Within 7 working days after receiving the consultation request, the consulted agencies shall send their written opinions to the Ministry of Public Security;

c/ Within 5 working days after receiving opinions from the related agencies, the Ministry of Public Security shall issue a decision to accept or refuse the commitment to apply the principle of reciprocity and forward it to the foreign country by the method specified in Clause 2, Article 8 of the Law on Extradition and Article 9 of this Decree.

Section 3

FORM OF, AND METHODS OF FORWARDING, EXTRADITION REQUEST DOSSIERS

Article 8. Form of extradition request dossiers

Extradition requests and accompanying documents shall be made in writing. In case an extradition request and accompanying documents are received and forwarded in the electronic environment, they shall be digitised and transmitted via electronic means specified in Clause 3, Article 9 of this Decree, unless otherwise agreed.

Article 9. Methods of forwarding extradition request dossiers

1. In case Vietnam is the requesting country, the authority preparing the extradition request dossier shall forward a valid dossier to the Ministry of Public Security. The Ministry of Public Security shall forward the dossier to the foreign country by one of the following methods, unless otherwise agreed:

a/ The Ministry of Public Security forwards the dossier to the Ministry of Foreign Affairs. Within 5 working days after receiving the dossier, the Ministry of Foreign Affairs shall reply in writing to the Ministry of Public Security on dossier processing results;

b/ The Ministry of Public Security forwards the dossier to the overseas representative mission of the Socialist Republic of Vietnam or to the foreign representative mission in Vietnam and notifies such to the Ministry of Foreign Affairs;

c/ The Ministry of Public Security forwards the dossier to the foreign competent authority through the International Criminal Police Organization (INTERPOL).

2. In case the foreign country is the requesting State, the extradition request dossier shall be sent to the Ministry of Public Security by the method specified in Clause 2, Article 8 of the Law on Extradition and this Article, unless otherwise agreed. Within 5 working days after receiving the dossier from the foreign country, the dossier-receiving authority shall forward the dossier to the Ministry of Public Security for consideration and processing.

3. In urgent cases or in case of necessity to ensure timeliness, an extradition request dossier may be sent in advance via electronic means (email, fax or other systems specified in treaties to which both Vietnam and the foreign country are the contracting parties). The receiving agency shall examine the authenticity of the dossier. In case of doubt about the authenticity of the dossier or where otherwise agreed, the receiving agency may request the requesting State to send the original dossier by the method specified in Clause 2, Article 8 of the Law on Extradition and this Article. The time of receipt of the dossier for calculation of the time limit for dossier consideration shall be the time of receipt of a valid electronic dossier.

Section 4

LANGUAGES USED IN EXTRADITION

Article 10. Language used in extradition request dossiers and dossiers of request for holding of persons in case of emergency before extradition requests are made

1. In case the language used in an extradition request dossier or a dossier of request for holding of a person in case of emergency before an extradition request is sent by a foreign country to Vietnam under treaties on extradition to which both Vietnam and the foreign country are the contracting parties is not Vietnamese, the Ministry of Public Security shall translate documents in the dossier into Vietnamese.

2. In case Vietnam and a foreign country are not the contracting parties to the same treaty on extradition, extradition request dossiers or dossiers of request for holding of persons in case of emergency before extradition requests are sent by the foreign country to Vietnam shall be accompanied by Vietnamese translations, unless otherwise agreed.

Article 11. Language used in international cooperation on extradition

In case Vietnam and a foreign country carry out international cooperation activities on extradition or exchange information and documents on other issues related to extradition, the language, translation, and certification of translations, of documents must comply with the agreement between Vietnam and the foreign country. On the Vietnamese side, the Ministry of Public Security or the authority directly carrying out international cooperation activities on extradition shall translate, and certify translations of, such documents.

Article 12. Translation, and certification of translations, of extradition request dossiers and dossiers of request for holding of persons in case of emergency before extradition requests are made

1. The translation of documents of an extradition request dossier or of a dossier of request for holding of a person in case of emergency before an extradition request is made must meet the following conditions:

a/ Being accurate and consistent with the originals in terms of information and data;

b/ Being in the correct style and using specialised terminology.

2. Unless otherwise agreed, translations of extradition request dossiers and dossiers of request for holding of persons in case of emergency before extradition requests are made shall be certified under regulations.

Article 13. Correction of language errors in extradition request dossiers and dossiers of request for holding of persons in case of emergency before extradition requests are made

1. In case an extradition request dossier or a dossier of request for holding of a person in case of emergency before an extradition request is sent by Vietnam to a foreign country contains language errors, the authority that has prepared the request shall supplement and complete the dossier at the request of the foreign country.

2. In case an extradition request dossier or a dossier of request for holding of a person in case of emergency before an extradition request is sent by a foreign country to Vietnam has no Vietnamese translation, is made not in the agreed language, or lacks consistency between the original and the translation, the Ministry of Public Security shall request the foreign country to additionally provide the translation or refuse to receive the dossier until it is valid.

Section 5

CONDITIONAL EXTRADITION

Article 14. Conditions in extradition

The conditions and commitments in extradition as specified in Article 13 of the Law on Extradition are specified as follows:

1. The information and documents stated in the extradition request dossier are accurate and truthful; and have been collected and issued according to proper authority and the legal order and procedures of the requesting country.

2. The person named in criminal procedure decisions is the person who has committed the criminal act stated in the extradition request.

3. The criminal act stated in the extradition request is not a political offence.

4. The person whose extradition is requested will not be examined for penal liability on the ground of his/her race, sex, belief, religion, nationality, ethnicity, political opinions or social status.

5. The person whose extradition is requested is not examined for penal liability or is not subject to judgment enforcement in the requesting State for an offence other than that stated in the extradition request that is committed prior to his/her extradition, or is not extradited to a third party, except the cases specified in Points a, b and c, Clause 1, Article 15 of the Law on Extradition.

6. The statute of limitations for examination for penal liability or for judgment enforcement against the person whose extradition is requested has not yet expired.

7. The person whose extradition is requested is not exempted from penal liability or from serving the sentence.

8. After being extradited to the requesting State, the extradited person will have his/her lawful rights and interests guaranteed in accordance with international legal standards and the law of the requesting State.

9. Other conditions as agreed upon by the requesting country and the requested country.

Article 15. Order and procedures for Vietnam to accept extradition conditions of foreign countries

1. In case a foreign country requests Vietnam to meet certain conditions for it to consent to the extradition, the Ministry of Public Security shall accept, and assume the prime responsibility for assessing the legality and feasibility of, such conditions. If the conditions proposed by the foreign country are already specified by Vietnamese law, the Ministry of Public Security shall issue a notice of acceptance of these conditions.

2. In case conditions proposed by a foreign country are likely to affect the political or foreign relations of Vietnam with the requesting State or a third party, or in other cases of necessity, the Ministry of Public Security shall proceed with the following procedures:

a/ Within 10 days after receiving a notice of conditions from a foreign country, the Ministry of Public Security shall send a consultation request to the Supreme People’s Court, the Supreme People’s Procuracy, the Ministry of Foreign Affairs and other related agencies;

b/ Within 7 working days after receiving the consultation request, the consulted agencies shall issue a written reply on agreeing or disagreeing to accept the conditions, clearly stating the reason;

c/ Based on opinions of the agencies specified in Point a of this Clause, the Ministry of Public Security shall consider and decide on the acceptance of several or all of the conditions. For conditions falling within the competence of proceedings-conducting bodies, the Ministry of Public Security shall decide on acceptance upon receiving the written consent of the Supreme People’s Court and the Supreme People’s Procuracy;

d/ The Ministry of Public Security shall send Vietnam’s written acceptance to the foreign country by the method specified in Clause 2, Article 8 of the Law on Extradition and Article 9 of this Decree, unless otherwise agreed.

Article 16. Order and procedures for Vietnam to request foreign countries to meet conditions for extradition

1. In the course of considering an extradition request of a foreign country, if deeming it necessary to protect the interests of the State, agencies, organisations or citizens of Vietnam, or the rights of the person whose extradition is requested, or for humanitarian reasons, the Ministry of Public Security shall assume the prime responsibility for, and coordinate with the Ministry of Foreign Affairs, the People’s Court competent to settle the extradition request, and other competent authorities of Vietnam in, reaching agreement on conditions requiring a commitment of the foreign country.

2. Within 5 working days after receiving the consultation request, the consulted agencies shall issue their written replies on the conditions requiring a commitment.

3. Within 5 working days after receiving opinions of the agencies specified in Clause 1 of this Article, the Ministry of Public Security shall send a notice requesting the foreign country to accept, and commit to implementing, these conditions.

4. The extradition may only be considered and settled after the Ministry of Public Security receives a written commitment on satisfaction of Vietnam’s conditions from the foreign competent authority.

Article 17. Monitoring and urging foreign countries to implement commitments

The Ministry of Public Security shall coordinate with the Ministry of Foreign Affairs in monitoring and urging foreign countries to implement their commitments to Vietnam. In case a foreign country fails to implement its commitments, the Ministry of Public Security shall coordinate with the Ministry of Foreign Affairs in implementing appropriate handling measures.

Section 6

TRANSIT OF EXTRADITED PERSONS

Article 18. Dossiers of request for transit through the territory of Vietnam

A dossier of request for transit of an extradited person through the territory of Vietnam must comprise:

1. A written request for transit, which must have the following information:

a/ The purpose of the request;

b/ Information on personal identification of the extradited person;

c/ Information on members of the Escort Team;

d/ Information on carry-on weapons and support tools carried (if any).

2. Accompanying documents, including:

a/ A copy of the extradition decision, arrest warrant or pursuit decision;

b/ The travel itinerary and information on the means of transport.

Article 19. Order and procedures for transit of extradited persons through the territory of Vietnam

1. The requesting State shall send a written request to the Ministry of Public Security at least 5 working days before the expected date of transit, except the case specified in Article 21 of this Decree.

2. Within 2 working days after receiving the request, the Ministry of Public Security shall decide to permit or reject the transit and notify such in writing to the requesting State.

3. In case of permission for transit, the Ministry of Public Security shall notify such to the immigration control force for managing and supporting the transit of the extradited person.

Article 20. Management of extradited persons in transit through the territory of Vietnam

1. If transit is permitted, the requesting State shall manage the extradited person. The immigration control force shall supervise and support the management of the extradited person, and ensure security in the transit area.

2. The requesting country is not permitted to carry weapons or support tools into the territory of Vietnam, unless approved by the competent person in accordance with the law on management and use of weapons, explosive materials and support tools, or in accordance with treaties to which Vietnam is a contracting party.

Article 21. Handling of cases of unscheduled landing in the territory of Vietnam

1. In case of an unscheduled landing due to weather conditions, technical failure, health reasons or another force majeure event, the requesting State shall manage the extradited person. The immigration control force shall supervise and support the management of the extradited person to ensure security in the transit area.

2. The management of the extradited person shall be maintained until the means of transport continues its journey or until the requesting State has an alternative transport plan. In case the unscheduled landing lasts for more than 48 hours, the Ministry of Public Security shall issue a decision to consign the extradited person to an accommodation facility of the Ministry of Public Security for management under Vietnamese law until the requesting country arranges an alternative means of transport.

3. In case of an unscheduled landing, the requesting State shall promptly notify such to the Ministry of Public Security.

Article 22. Order, procedures and dossiers for Vietnam to request foreign countries to permit transit

1. In case Vietnam requests a foreign country to permit the transit of an extradited person, the Ministry of Public Security shall contact the competent authority of such foreign country to carry out procedures for requesting transit permission.

2. A dossier for requesting a foreign country to permit transit must comprise the documents specified in Article 18 of this Decree, unless otherwise agreed.

Chapter II

EXTRADITION FROM FOREIGN COUNTRIES TO VIETNAM

Section 1

VIETNAM’S WRITTEN REQUESTS FOR EXTRADITION

Article 23. Form of written requests for extradition

1. Written requests for extradition shall be made according to the form provided by the Ministry of Public Security.

2. A written request for extradition must bear the signature of the Head or Deputy Head of the agency preparing the request and the seal of such agency.

Article 24. Purpose of extradition requests

Written requests for extradition must clearly state the purpose of the extradition request as a basis for penal liability examination or judgment enforcement.

Article 25. Contents of written requests for extradition

Contents of a written request for extradition must include the information specified in Article 20 of the Law on Extradition and Articles 26, 27, 28 and 29 of this Decree.

Article 26. Information on personal identification and places of residence of persons whose extradition is requested

1. Unless otherwise agreed, information on personal identification of a person whose extradition is requested includes:

a/ Family name, middle name and given name (birth name, other names, aliases, false names that have been used);

b/ Sex, date of birth, place of birth;

c/ Nationality, including current nationality and former nationality;

d/ Passport, identity card, citizen identity card or another personal identification paper number;

dd/ Other necessary information.

2. Unless otherwise agreed, information on the place of residence of a person whose extradition is requested includes:

a/ Information on his/her place of residence in Vietnam before he/she absconds;

b/ Information on his/her place of residence abroad (if any) after he/she absconds.

Article 27. Case summary in written requests for extradition

Unless otherwise agreed, the summary of the case in a written request for extradition must include the following information:

1. The time when and the place where the criminal act is committed.

2. Description of the criminal act, methods and tricks employed.

3. Consequences and damage caused by the criminal act.

4. The role of the person whose extradition is requested in the case.

Article 28. Vietnam’s recommendations to requested States

Unless otherwise agreed, Vietnam’ recommendations to a requested State regarding extradition include the following contents:

1. Application of arrest, temporary detention, exit ban or other deterrent measures to serve the execution of the extradition request.

2. Assurance of confidentiality of information and documents in the dossier of request for extradition and non-permission for forwarding of the dossier of request for extradition to unauthorised agencies, unless agreed upon by Vietnam.

3. Seizure and handover of objects, assets and evidences related to the offence that are carried by the person whose extradition is requested.

Article 29. Vietnam’s commitments to requested States

Unless otherwise agreed, Vietnam’s commitments to a requested State regarding extradition must include the contents specified in Article 14 of this Decree.

Section 2

DOCUMENTS ACCOMPANYING VIETNAM’S WRITTEN REQUESTS FOR EXTRADITION

Article 30. Documents accompanying written requests for extradition for examination of penal liability

Unless otherwise agreed, documents accompanying Vietnam’s written request for extradition of a person for examination of penal liability to be sent to a foreign country include the primary-source documents, the originals or certified copies of the following documents:

1. A colour photo of the person whose extradition is requested (sized 4cm x 6cm, recently taken, showing the straight-looking full face with clear details, and photos of tattoos, scars or deformities for the identification purpose).

2. Documents for determining personal identification of the person whose extradition is requested, including:

a/ A certified copy of his/her passport, passport application form or international travel document, identity card or citizen identity card;

b/ His/her identification records and fingerprint cards (if any);

c/ Documents on his/her iris, voice or other biometric information (if any).

3. Decisions or warrants of the proceeding-conducting bodies and other competent authorities, including the originals or certified copies of the following documents:

a/ Decision on initiation of a criminal case;

b/ Decision on initiation of criminal proceedings against the accused;

c/ Decision approving the decision on initiation of criminal proceedings against the accused;

d/ Warrant to arrest the accused for temporary detention (if any);

dd/ Decision approving the warrant to arrest the accused for temporary detention (if any);

e/ Pursuit decision;

g/ Red notice of INTERPOL (if any);

h/ Investigation conclusions and indictment (if any).

4. Documents proving the criminal act of the person whose extradition is requested, including one of the following documents:

a/ Minutes of statements of the person whose extradition is requested, the victim(s), witness(es), and persons related to the case, or other indicting documents;

b/ Interrogation minutes;

c/ Photos of the crime scene and the corpse and other photos (if any) for clarifying the criminal act of the person whose extradition is requested;

d/ Other incriminating evidences (if any).

5. The full text of the articles/provisions on the jurisdiction to initiate a criminal case, initiate criminal proceedings against the accused, prosecute or bring the case to trial; and other articles/provisions for clarifying the extradition request for examination of penal liability.

Article 31. Documents accompanying written requests for extradition for judgment enforcement

Unless otherwise agreed, documents accompanying Vietnam’s written request for extradition for judgment enforcement to be sent to a foreign country include the primary-source documents, the originals or certified copies of the following documents:

1. The documents specified in Clauses 1 thru 4, Article 30 of this Decree.

2. The judgment pronounced against the person whose extradition is requested. In case the person whose extradition is requested has been convicted under multiple judgments, the request dossier shall be accompanied by all such judgments. In case the person whose extradition is requested was convicted in absentia, the request dossier shall be accompanied by documents proving that he/she has been served with the trial summons.

3. The decision on enforcement of the sentence.

4. The decision on sentence aggregation (if any).

5. A notice of the remainder of the sentence the person whose extradition is requested has to serve.

6. The articles/provisions concerning the bringing of the case to trial and other articles/provisions on clarification of the request for extradition for judgment enforcement, including articles/provisions on court jurisdiction and competence to issue a pursuit decision or warrant; provisions on offences and penalties imposed in the judgment; and provisions on the statute of limitations for enforcement of the criminal judgment.

Section 3

RECEIPT, EXAMINATION AND FORWARDING OF EXTRADITION REQUEST DOSSIERS ABROAD AND ADDITION OF INFORMATION AND DOCUMENTS AT THE REQUEST OF FOREIGN COUNTRIES

Article 32. Receipt and recording in the monitoring book of extradition request dossiers

Upon receiving an extradition request dossier, the Ministry of Public Security shall record it in the monitoring book of extradition request dossiers according to the form provided by the Ministry of Public Security.

Article 33. Processing of examination results

1. In case an extradition request dossier is incomplete, the Ministry of Public Security shall provide written specific guidance on contents that need to be modified or supplemented. The time for the extradition request-making authority to provide supplementations shall not be counted into the 30-day time limit for dossier examination by the Ministry of Public Security.

2. In case the dossier is invalid, the Ministry of Public Security shall return it to the extradition request-making authority, stating the reason in writing.

3. In case the dossier is valid, the Ministry of Public Security shall forward it to the foreign country by the method specified in Clause 2, Article 8 of the Law on Extradition and Article 9 of this Decree.

4. Within 5 working days after receiving the written request from the Ministry of Public Security as specified in Clause 3 of this Article, the agency receiving the extradition request dossier shall forward it to the foreign competent authority and notify such to the Ministry of Public Security.

Article 34. Addition of information and documents at the request of foreign countries

1. Within 5 working days after receiving a request for addition of information or documents from a foreign country, the Ministry of Public Security shall notify in writing the extradition request-making authority of contents to be added as requested by the foreign country.

2. The extradition request-making authority shall provide additional information or documents accompanied by its/their translations within 30 days after receiving the notice from the Ministry of Public Security. In case there is an objective reason for failure to promptly provide information or documents within the time limit required by the foreign country, the extradition request-making authority shall notify it to the Ministry of Public Security for requesting the foreign country to extend such time limit.

3. The Ministry of Public Security shall forward additional information or documents to the foreign country by the method specified in Clause 2, Article 8 of the Law on Extradition and Article 9 of this Decree.

Section 4

RECEIPT AND ESCORT OF EXTRADITED PERSONS FROM FOREIGN COUNTRIES TO VIETNAM

Article 35. Preparation for receipt of persons after extradition decisions are issued

Upon receiving an extradition decision from a foreign competent authority, the Ministry of Public Security shall:

1. Formulate a plan to receive the extradited person.

2. Coordinate with the Ministry of Foreign Affairs and related agencies in performing the following tasks:

a/ Exchanging opinions and agreeing with the foreign country on the time and location for handing over the extradited person and other related matters;

b/ Preparing international travel documents for the extradited person and the Escort Team of Vietnam.

Article 36. Formulation of plans to escort extradited persons from foreign countries to Vietnam

The Ministry of Public Security shall formulate a plan to escort an extradited person from a foreign country to Vietnam, which must include the following information:

1. Projected time and place of receipt of the extradited person.

2. Composition of the Escort Team.

3. Travel itinerary. In case transit is required, the Ministry of Public Security shall request the foreign country to permit transit under Clause 4, Article 16 of the Law on Extradition and Article 22 of this Decree.

4. Security plans, and weapons and supporting tools to be carried.

Article 37. Order and procedures for receiving extradited persons in foreign countries

1. Upon receiving an extradited person in a foreign country, an Escort Team shall perform the following tasks:

a/ Verifying the personal identification of the extradited person through his/her physical identification, fingerprints, facial photo and other biometric information (if any);

b/ Receiving accompanying objects and assets (if any) of the extradited person;

c/ Signing the handover minutes with the foreign competent authority. The handover minutes shall be prepared according to the form provided by the Ministry of Public Security.

2. Escort Teams may use weapons and supporting tools in accordance with Vietnamese law, foreign law and international aviation security regulations.

Article 38. Order and procedures for handing over extradited persons at Vietnamese border gates

1. As soon as the airplane lands or the extradited person is brought through the border gate, the Escort Team shall coordinate with the immigration control force in carrying out entry procedures in a quick and safe manner.

2. The Ministry of Public Security shall hand over the extradited person to the competent authority for continuing to carry out proceedings or judgment enforcement procedures under regulations.

3. The handover shall be recorded in minutes bearing signatures of related parties.

Article 39. Interdisciplinary coordination in receiving extradited persons from foreign countries to Vietnam

1. The Ministry of Foreign Affairs shall direct Vietnam’s overseas representative missions to support Escort Teams in receiving and escorting extradited persons from foreign countries to Vietnam in accordance with the law on overseas representative missions of the Socialist Republic of Vietnam.

2. The Ministry of Construction shall direct airlines in assisting Escort Teams in escorting extradited persons in accordance with the law on civil aviation of Vietnam.

Chapter III

EXTRADITION FROM VIETNAM TO FOREIGN COUNTRIES

Article 40. Receipt and recording in the monitoring book of extradition request dossiers

1. The Ministry of Public Security shall act as the focal-point authority to receive extradition request dossiers sent by foreign countries to Vietnam.

2. Upon receiving an extradition request dossier from a foreign country, the Ministry of Public Security shall record it in the monitoring book of extradition request dossiers.

Article 41. Verification of locations of persons whose extradition is requested in Vietnam

1. Competent Public Security agencies shall verify and trace persons whose extradition is requested in Vietnam under regulations.

2. For a person whose extradition is requested in Vietnam, verification contents include:

a/ Determination of his/her presence in the territory of Vietnam;

b/ Address of his/her place of residence, workplace or the accommodation facility, temporary detention facility or prison where he/she is being managed.

3. Verification measures include:

a/ Checking immigration data and residence management, or temporary detention facility or prison where the person whose extradition is requested is being managed;

b/ Using Public Security forces’ operational measures to determine the actual location of the person whose extradition is requested at his/her place of residence, workplace, or the accommodation facility, temporary detention facility or prison where he/she is being managed;

c/ Verifying the identity of the person whose extradition is requested through his/her fingerprints and facial recognition;

d/ Other necessary verification measures under regulations.

4. Verification results shall be recorded in minutes, clearly stating the specific address and current legal status of the person whose extradition is requested (whether he/she is free, involved in a civil dispute, subject to administrative sanctioning, in an accommodation facility, held in custody or temporary detention, or serving a sentence in another case).

Article 42. Handling of incomplete dossiers and requests for dossier supplementation

1. If it is necessary to clarify or add information or documents, the Ministry of Public Security shall request the foreign competent authority to add information or documents within the time limit specified in Clause 2, Article 27 of the Law on Extradition.

2. Pending the addition of information or documents, measures to verify and supervise the person whose extradition is requested shall be implemented under regulations. Upon the expiration of the 45-day time limit for holding a person in case of emergency before an extradition request is made under the Law on Extradition, if the foreign country still fails to complete a valid extradition request dossier, the competent Public Security agency shall issue a decision to immediately release the person held in custody. Such release does not prevent the re-arrest of such person once the foreign country completes a valid extradition request dossier.

3. Past the the time limit specified in Clause 2, Article 27 of the Law on Extradition, if receiving no additional information or documents from the foreign country, the Ministry of Public Security shall issue a written refusal to receive the dossier and return it to the foreign country.

Article 43. Notification of decisions of People’s Courts to foreign countries

1. After receiving the People’s Court-issued decision on extradition of a person to a foreign country, the Ministry of Public Security shall notify such decision to the foreign competent authority.

2. The execution of extradition decisions and decisions on transfer of extradited persons must comply with regulations.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 44. Effect

This Decree takes effect on July 1, 2026.

Article 45. Implementation responsibility

1. The Minister of Public Security, the Minister of National Defence, the Minister of Foreign Affairs, and the Minister of Construction shall coordinate with one another in, and guide, direct and organise, the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, Chairpersons of provincial-level People’s Committees, and related agencies, organisations and individuals shall implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
PHAM GIA TUC