Decree 171/2026/ND-CP detailing the Law on the Transfer of Sentenced Persons

DECREE

Detailing a number of articles of the Law on the Transfer of Sentenced Persons¹

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

Pursuant to Law No. 101/2025/QH15 on the Transfer of Sentenced Persons;

At the proposal of the Minister of Public Security;

The Government promulgates the Decree detailing a number of articles of the Law on the Transfer of Sentenced Persons.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details Articles 6, 7, 8 and 12; Point c, Clause 1, Article 15; Point d, Clause 1, Article 16; Clause 2, Article 18; Articles 19, 20 and 21; Clause 3, Article 26; Articles 28 and 29; Point c, Clause 1, Article 32; Clause 2, Article 35; Articles 36, 37 and 38; Clause 3, Article 42; and Article 44, of Law No. 101/2025/QH15 on the Transfer of Sentenced Persons (below referred to as the Law on the Transfer of Sentenced Persons).

Article 2. Subjects of application

This Decree applies to Vietnamese agencies, organisations and individuals and foreign agencies, organisations and individuals involved in the transfer of sentenced persons between Vietnam and foreign countries.

Article 3. Conditions, order and procedures for application of the principle of reciprocity in the transfer of sentenced persons

1. A commitment on the application of the principle of reciprocity in the transfer of sentenced persons shall be made in a separate document or expressed in a written request for transfer of a sentenced person.

2. At the request of a competent foreign authority, the Ministry of Public Security shall consider and decide on the application of the principle of reciprocity as follows:

a/ The Ministry of Public Security shall consider and decide to agree to the application of the principle of reciprocity if the foreign authority previously accepted a similar request from the Ministry of Public Security or if that authority makes a commitment to applying this principle though the two sides have previously not cooperated with each other;

b/ The Ministry of Public Security shall consider and decide to refuse the application of the principle of reciprocity if the foreign authority previously refused a similar request from the Ministry of Public Security, except the case specified in Point c of this Clause;

c/ To meet external relations requirements, in case the foreign authority previously refused a request but now makes a commitment to applying this principle, the Ministry of Public Security shall consult related agencies under Clause 3 of this Article before considering and making a decision.

3. Order and procedures for considering and deciding on the application of the principle of reciprocity in the transfer of sentenced persons:

a/ Within 20 days after receiving a transfer request dossier accompanied with a commitment to applying the principle of reciprocity from a competent foreign authority, the Ministry of Public Security shall examine the dossier and assess the conditions for application of this principle. If the dossier is incomplete, the Ministry of Public Security shall request the competent foreign authority to provide additional documents under Article 21 or 38 of the Law on the Transfer of Sentenced Persons.

For a special case specified in Point c, Clause 1, Article 15; or Point c, Clause 1, Article 32, of the Law on the Transfer of Sentenced Persons, the time limit for the examination and assessment is 7 days;

b/ In the case specified in Point c, Clause 2 of this Article, or in case the transfer is likely to affect sovereignty, national defence, national security, public order and safety, public well-being, the interests of the State, or the lawful rights and interests of agencies, organisations and individuals in Vietnam, the Ministry of Public Security shall, within 10 days after receiving the request from the competent foreign authority, send a consultation request to the Ministry of Foreign Affairs and related agencies. Within 5 working days after receiving the consultation request, the consulted agencies shall give their written opinions. Within 5 working days after receiving all opinions from the consulted agencies, the Ministry of Public Security shall consider and decide on the application of the principle of reciprocity;

c/ If agreeing to apply the principle of reciprocity and finding that the dossier complies with Articles 17 and 18 or Articles 34 and 35 of the Law on the Transfer of Sentenced Persons, the Ministry of Public Security shall immediately send 1 original dossier set to the competent regional People’s Court and 1 copy of the dossier to the same-level People’s Procuracy for performing its supervision function;

d/ If refusing to apply the principle of reciprocity or finding that the dossier fails to comply with Point c of this Clause, the Ministry of Public Security shall immediately send a notice thereof to the competent foreign authority through the diplomatic channel, clearly stating the reason.

Article 4. Order and procedures for withdrawal of applications for transfer

1. The withdrawal of an application for transfer by a sentenced person or his/her lawful representative shall be requested in writing (below referred to as an application withdrawal request).

2. For a sentenced person in Vietnam, the application withdrawal request shall be submitted to the prison where he/she is serving the sentence. Within 3 working days after receiving the application withdrawal request, the prison shall transmit it to the Ministry of Public Security for handling under regulations. The application withdrawal request may be transmitted electronically (via email).

For a sentenced person abroad, the application withdrawal request shall be submitted to the Vietnamese representative mission in the host country, the competent foreign authority or the Ministry of Public Security. Within 3 working days after receiving the application withdrawal request, the Vietnamese representative mission shall transmit it electronically (via email) to the Ministry of Public Security.

3. Handling of an application withdrawal request:

a/ If the application withdrawal request is made before the effective date of the decision on receipt or the decision on transfer of the competent People’s Court, the Ministry of Public Security shall immediately send a notice thereof, together with the application withdrawal request, to the competent People’s Court for terminating the consideration or cancelling the issued decision and, at the same time, send 1 copy thereof to the same-level People’s Procuracy for performing the supervision function. The Ministry of Public Security shall send a notice to the competent foreign authority, through diplomatic channels, stating that the sentenced person or his/her lawful representative has withdrawn the application, unless otherwise provided by the treaty on the transfer of sentenced persons to which Vietnam and the transferring State are the contracting parties;

b/ If the application withdrawal request is made after the effective date of the court decision specified in Point a of this Clause, the Ministry of Public Security shall immediately send a notice of rejection of the withdrawal to the application withdrawal requester, clearly stating the reason.

4. After receiving the application withdrawal request, if finding signs showing that the sentenced person has been coerced, threatened or deceived, the Ministry of Public Security shall conduct verification.

If verification results show signs of the coercion, threat or deception, the application withdrawal request shall become invalid, but the transfer process will proceed, and the Ministry of Public Security shall immediately send a notice of verification results to the application withdrawal requester through the Vietnamese representative mission in the transferring State or the prison in Vietnam.

Article 5. Translation of dossiers of request for the transfer of sentenced persons

1. In case Vietnam sends dossiers and documents abroad, the Ministry of Public Security shall translate such dossiers and documents under Clauses 1 and 2, Article 8 of the Law on the Transfer of Sentenced Persons.

2. In case Vietnam receives dossiers and documents from a foreign country, the Ministry of Public Security shall check the language of the dossiers and documents under Article 8 of the Law on the Transfer of Sentenced Persons. If the dossiers and documents have not been translated into a language specified in Article 8 of the Law on the Transfer of Sentenced Persons, the Ministry of Public Security shall send a request to the competent foreign authority for providing translations of the dossiers and documents within the time limit specified in Clause 1, Article 21 or Clause 1, Article 38 of the Law on the Transfer of Sentenced Persons.

If, under a treaty to which Vietnam and the foreign country are the contracting parties, or applying the principle of reciprocity, Vietnam even accepts dossiers and documents not accompanied with Vietnamese translations, the Ministry of Public Security shall translate the dossiers and documents from the foreign language into Vietnamese.

Article 6. Order and procedures for transit of sentenced persons

1. The country requesting the transit of a sentenced person through the territory of Vietnam shall send a written request for transit under Clause 2 of this Article to the Ministry of Public Security at least 10 days before the expected date of transit, except the case specified in Clause 6 of this Article. Within 5 working days after receiving the request, the Ministry of Public Security shall consider and decide to permit the transit, except the case specified in Clause 3 of this Article. Written requests for transit and written replies may be transmitted electronically (by email).

2. A written request for transit must have the following contents:

a/ Date and place of making the request;

b/ Name and address of the competent authority of the requesting State;

c/ Personal background information of the sentenced person to be transferred, including his/her full name, date of birth, sex, nationality, passport number, place of permanent residence and health status;

d/ Information on the criminal act of the sentenced person to be transferred, the penalty imposed on him/her, and the dates of commencement and completion of judgment enforcement;

dd/ Information on the itinerary, expected transit time, means of transport, members of the escort team, and weapons and support tools carried (if any);

e/ Requests for assistance from the immigration agency and functional forces at the border gate (if any) of Vietnam;

g/ Other necessary information (if any).

3. The Ministry of Public Security shall refuse permitting transit in the following cases:

a/ The sentenced person to be transferred is a Vietnamese citizen;

b/ The sentenced person’s criminal act does not constitute a crime under Vietnam’s Penal Code;

c/ The transit is likely to cause harm to Vietnam’s sovereignty, security or social order and safety.

4. The sentenced person and the escort officer shall stay in the transit area of an international airport or of a seaport border gate while awaiting transport to a third country in accordance with the law on foreigners’ entry into, exit from, transit through, and residence in Vietnam.

5. During the transit period, escort officers of the requesting State shall bear the prime responsibility for supervising and managing the sentenced person. Vietnam’s immigration agency and functional forces at the border gate shall assist in maintaining security and order and conducting general supervision. All expenses arising during the transit period shall be borne by the requesting State, unless otherwise agreed.

6. In case air transport is used and no landing in Vietnam is planned but an unscheduled landing is required because of a technical failure, poor health condition of the sentenced person or an escort officer, bad weather conditions or another force majeure event, the head of the escort team or the aircraft commander shall immediately notify the immigration agency at the airport of the presence of the sentenced person on board the aircraft. To maintain security and order, the immigration agency shall coordinate with escort officers of the requesting State in immediately applying measures to supervise and manage the sentenced person.

Pending the next flight, the sentenced person shall be kept under supervision in the airport’s isolation area in accordance with law.

Article 7. Special cases in transfer of sentenced persons

1. The receipt of a sentenced person from a foreign country to Vietnam or the transfer of a sentenced person from Vietnam to a foreign country may be carried out even in case the period of the unserved sentence of the sentenced person is shorter than 1 year in the following cases:

a/ The sentenced person suffers a critical illness or a serious disease requiring special medical care or long-term treatment while the prison in the foreign country or in Vietnam does not satisfy the treatment requirements, or the transfer is intended to let that person be close to his/her family during the treatment period; or the sentenced person is a person with severe disabilities or particularly severe disabilities as certified by a competent authority of Vietnam or of the country where he/she is serving the sentence;

b/ The sentenced person is a minor;

c/ The sentenced person is a pregnant woman or a woman nursing a child under 36 months of age;

d/ The sentenced person is aged full 70 years or older;

dd/ The transfer is to meet political, external relations, national defence, security, and social order or safety requirements.

2. In the cases specified in Clause 1 of this Article, the period of the unserved sentence, calculated by the time of receipt of the transfer request, must be sufficient for the performance of transfer procedures and continued enforcement of the remainder of the sentence, unless otherwise agreed for humanitarian purposes.

3. When necessary, the Ministry of Public Security shall consult the Ministry of National Defence, the Ministry of Foreign Affairs, the Supreme People’s Court, the Supreme People’s Procuracy, the Ministry of Health and related agencies on the special nature of each dossier in order to decide on the receipt of a sentenced person from a foreign country to Vietnam or the transfer of a sentenced person from Vietnam to a foreign country. Within 5 working days after receiving the consultation request from the Ministry of Public Security, the consulted agencies shall provide written replies to the Ministry of Public Security.

Chapter II

RECEIPT OF SENTENCED PERSONS FROM FOREIGN COUNTRIES TO VIETNAM

Article 8. Refusal of the receipt on the ground that the receipt falls beyond the capacity to satisfy requirements necessary for a sentenced person to continue serving his/her sentence in Vietnam

1. The refusal of the receipt of a sentenced person from a foreign country to Vietnam on the ground that the receipt falls beyond the capacity to satisfy requirements necessary for the sentenced person to continue serving his/her sentence in Vietnam shall be made in the following cases:

a/ The sentenced person suffers a critical illness, a group-A infectious disease or severe mental disorder and, at the time the transfer request is considered, prisons or specialised medical establishments serving judgment enforcement in Vietnam lack equipment, treatment protocols or specialised medications required to sustain his/her life or protect his/her life safety, or the receipt is likely to pose a risk of a serious and uncontrollable disease outbreak in the prison;

b/ The sentenced person is an international terrorist or an extremely dangerous criminal requiring a high technology-based special detention and security supervision regime or special preventive conditions that Vietnam’s prison system cannot provide, or the receipt is likely to seriously affect security, order or safety in the prison;

c/ Expenses for the receipt and transportation of the sentenced person and the assurance of special living and medical conditions for him/her exceed the state budget expenditure limits provided by law and the fund-balancing capacity of the Ministry of Public Security in the fiscal year and, at the same time, it is impossible to mobilise voluntary contributions or assistance from the sentenced person, his/her lawful representative or relatives, or other agencies, organisations or individuals under Article 11 of the Law on the Transfer of Sentenced Persons.

2. Within 5 working days after receiving a dossier of request for transfer of a sentenced person that falls into a case specified in Clause 1 of this Article, the Ministry of Public Security shall consult the Ministry of National Defence, the Ministry of Health, the Ministry of Finance and other related agencies on the assessment of the satisfaction of the requirements necessary for receiving the sentenced person and enabling him/her to continue serving the sentence in Vietnam. Within 7 days after receiving the consultation request from the Ministry of Public Security, the consulted agencies shall provide written replies to the Ministry of Public Security.

Article 9. Documents accompanying a written request for transfer of a sentenced person from a foreign country to Vietnam

1. An application for the transfer of a sentenced person, which must bear the signature of the sentenced person. If the sentenced person is a minor and is incapable of expressing consent to the transfer because of his/her age, health condition or mental condition, the application shall be signed by his/her lawful representative.

2. A document proving the Vietnamese nationality of the sentenced person, which may be the original or a certified copy of one of the following valid papers:

a/ The birth certificate; if the birth certificate does not show the Vietnamese nationality, it shall be accompanied with a paper proving the Vietnamese nationality of his/her parents;

b/ The people’s identity card, citizen identity card, identity card or electronic identity;

c/ The Vietnamese passport;

d/ The decision permitting his/her naturalisation in Vietnam; the decision permitting the restoration of his/her Vietnamese nationality; the decision recognising child adoption, for foreign children; or the decision permitting a foreigner to adopt a Vietnamese child;

dd/ Other papers as specified by the law on nationality.

3. A document describing the identification characteristics and containing all fingerprints of the sentenced person, prepared by a competent authority of the transferring State;

4. Two colour photos, sized 4 cm x 6 cm, taken within 6 months before the date of dossier preparation, with the sentenced person facing forwards, bareheaded, without glasses, and against a white background.

Article 10. Order and procedures for receipt of applications for transfer of sentenced persons from foreign countries to Vietnam

1. A Vietnamese citizen serving a sentence abroad or his/her lawful representative may submit, by hand delivery or by post, an application for transfer to Vietnam to continue serving the sentence, to the competent authority of the transferring State, the Vietnamese representative mission in the transferring State or the Ministry of Public Security.

Within 10 days after receiving the application, the Vietnamese representative mission in the transferring State shall transmit the application and accompanying documents to the Ministry of Public Security. If the applicant falls into the case specified in Point c, Clause 1, Article 15 of the Law on the Transfer of Sentenced Persons, the Vietnamese representative mission in the transferring State shall forward the application to the Ministry of Public Security within 5 days. The application and accompanying documents may be transmitted electronically (by email).

2. After receiving the sentenced person’s application for transfer from the competent authority of the transferring State, the Vietnamese representative mission in the transferring State shall transmit it to the Ministry of Public Security under Clause 1 of this Article.

3. Within 10 days after receiving an application for transfer from a relative of a Vietnamese citizen serving a sentence abroad, the Ministry of Public Security shall verify the information and, through the Vietnamese representative mission in the country where such person is serving the sentence, send the form of an application for transfer to the sentenced person or his/her lawful representative for completion and signature.

After receiving the sentenced person’s application, the Vietnamese representative mission shall transmit it to the Ministry of Public Security under Clause 1 of this Article.

4. When there are signs showing that the sentenced person does not voluntarily give consent to the transfer, the Ministry of Public Security may, within 30 days after receiving the application from the sentenced person or his/her lawful representative, appoint an officer to the transferring State to verify the sentenced person’s consent to the transfer. The verification shall be recorded in minutes which must bear signatures of the sentenced person and the officer conducting the verification.

5. In case the Vietnamese nationality of the sentenced person has not been clearly identified, the Ministry of Public Security shall, within 10 days after receiving the application for transfer, request the Ministry of Justice to conduct a search concerning the Vietnamese nationality of the sentenced person. Within 5 working days after receiving the Ministry of Public Security’s request, the Ministry of Justice shall provide a written reply on search results.

Article 11. Order and procedures for making requests for transfer of sentenced persons from foreign countries to Vietnam

1. Within 10 days after receiving an application for transfer, the Ministry of Public Security shall send a written request to the competent authority of the transferring State for providing information and documents necessary for consideration and decision on preparation of a request for the transfer of the sentenced person. Within 10 days after receiving the information and documents from the competent authority of the transferring State, the Ministry of Public Security shall review the conditions specified in Article 15 of the Law on the Transfer of Sentenced Persons.

2. If the conditions are fully satisfied, the Ministry of Public Security shall prepare a written request for the transfer of a sentenced person and send it to the competent authority of the transferring State under Clause 3 of this Article. If the conditions are not fully satisfied, the Ministry of Public Security shall send a notice of refusal to make a transfer request to the sentenced person or his/her lawful representative and the competent authority of the transferring State, clearly stating the reason under Clause 3 of this Article.

3. A written request for the transfer of a sentenced person and a written refusal to make a request for the transfer of a sentenced person shall be sent through the diplomatic channel, unless otherwise provided by a treaty on the transfer of sentenced persons to which Vietnam and the transferring State are the contracting parties. The Ministry of Public Security shall send the written refusal to make a request for the transfer of a sentenced person to the Vietnamese representative mission in the transferring State and request the delivery thereof to the sentenced person.

Article 12. Order and procedures for receipt, examination and transmission of dossiers of request for transfer of sentenced persons from foreign countries to Vietnam

1. The Ministry of Public Security shall receive a dossier of request for the transfer of a sentenced person from a foreign country to Vietnam by the following means:

a/ Directly from the central authority in charge of the transfer of sentenced persons or the competent authority of the transferring State;

b/ From the Ministry of Foreign Affairs, the Vietnamese representative mission in the transferring State, or the representative mission of the transferring State in Vietnam.

2. After receiving a transfer request dossier, the Ministry of Public Security shall carry out examination as follows:

a/ Regarding form: checking the number of dossier sets, language, seals and signatures on the documents, and exemption from consular legalisation;

b/ Regarding composition: conducting collation to assess the completeness of the mandatory documents specified in Articles 17 and 18 of the Law on the Transfer of Sentenced Persons;

c/ Regarding preliminary contents: reviewing the conditions for receiving a sentenced person as specified in Article 15 of the Law on the Transfer of Sentenced Persons and assessing the possibility of refusing the receipt.

3. If the dossier satisfies the requirements specified in Points a and b, Clause 2 of this Article, the Ministry of Public Security shall send 1 original set of the dossier for transfer of the sentenced person to the competent regional People’s Court and 1 certified copy of the dossier to the People’s Procuracy at the same level as the Court for performing the supervision function under regulations. The Ministry of Public Security’s official letter sent to the competent regional People’s Court must include its assessment of the satisfaction of the conditions for the receipt and the possibility of refusal of the receipt.

4. The Ministry of Public Security shall return the dossier to the competent authority of the transferring State through the diplomatic channel, unless otherwise provided by a treaty on the transfer of sentenced persons to which Vietnam and the transferring State are the contracting parties, and clearly state the reason, in the following cases:

a/ The dossier fails to satisfy at least one of the requirements specified in Points a and b, Clause 2 of this Article;

b/ No additional information or documents are received by the expiration of the time limit for dossier supplementation.

Article 13. Order and procedures for execution of decisions on receipt of sentenced persons and receipt of transferred persons

1. Within 5 working days after receiving the competent regional People’s Court’s decision to execute the decision on the receipt of a sentenced person from a foreign country to Vietnam for continued enforcement of his/her sentence, the Ministry of Public Security shall send a written request to the competent authority of the transferring State for reaching agreement on the time, place, order and procedures for receiving the sentenced person from the foreign country to Vietnam. This time limit is 2 working days for the special case specified in Point c, Clause 1, Article 15 of the Law on the Transfer of Sentenced Persons.

If the sentenced person does not possess valid entry or exit papers of Vietnam, the Ministry of Public Security shall send a written request to the Vietnamese representative mission in the transferring State to carry out procedures for issuance of entry or exit papers to him/her in accordance with law.

2. Receipt and escorting of a transferred person to a prison and completion of procedures for enforcement of the sentence in Vietnam:

a/ The Ministry of Public Security shall establish a team to receive the sentenced person. The team shall be composed of the head who is a representative of the Ministry of Public Security’s focal-point agency in charge of the transfer of sentenced persons; a representative of the criminal judgment enforcement management agency under the Ministry of Public Security; a representative of the external relations agency under the Ministry of Public Security; a representative of the criminal judgment enforcement agency of the provincial-level Department of Public Security of the locality where the regional People’s Court has issued the decision to execute the decision on receipt of the sentenced person from the transferring State to Vietnam for continued serving of the sentence; an interpreter; and other related individuals;

b/ The receipt must comply with the order and procedures agreed between the Ministry of Public Security and the competent authority of the transferring State, diplomatic principles and international practices, and must ensure absolute safety. The responsible person shall carry out verification and receive the person named in the Court’s decision on receipt of the sentenced person, together with the dossier on sentence enforcement, and the transferred person’s papers, objects, personal belongings, money and property (if any), and shall conduct a preliminary health examination of the transferred person. The Vietnamese representative mission in the transferring State shall, if so requested, assist the receiving team in accordance with law during its stay in the transferring State.

The receipt shall be recorded in minutes made according to a set form in 3 Vietnamese-language copies, 3 English-language copies and 3 copies in the language of the transferring State, and bearing signatures of the representative of the competent authority of the transferring State and of the head of the receiving team as specified in Point a, Clause 2 of this Article;

c/ After the receipt, the criminal judgment enforcement agency of the provincial-level Department of Public Security of the locality where the regional People’s Court has issued the decision to execute the decision on receipt of the sentenced person shall organise the escorting of the transferred person, together with the dossier on sentence enforcement, and his/her papers, objects, personal belongings, money and property (if any), to the detention camp managed by the local Public Security agency in order to complete the dossier for sentence enforcement, and shall report thereon to the criminal judgment enforcement management agency under the Ministry of Public Security for issuance of a decision to send such person to a prison to serve the sentence.

Within 3 working days after receiving the report of the criminal judgment enforcement agency of the provincial-level Department of Public Security, the criminal judgment enforcement management agency under the Ministry of Public Security shall issue a decision to send such person to a prison to serve the sentence;

d/ The dossier for sending of the sentenced person from the foreign country to Vietnam to a prison to serve the sentence under the decision of the criminal judgment enforcement management agency under the Ministry of Public Security must comprise the legally effective decision on receipt of the sentenced person from the foreign country to Vietnam to serve the sentence, the decision of the competent regional People’s Court to execute the decision on receipt of the sentenced person, and all documents required by the law on enforcement of criminal judgments.

Foreign-language documents relating to the enforcement of the sentence included in the dossier for sending the sentenced person to a prison to serve the sentence shall be accompanied with Vietnamese translations and certified in accordance with law.

Article 14. Enforcement of sentences against sentenced persons received into Vietnam to serve their sentences

1. The regimes, rights and obligations applicable to sentenced persons who are received into Vietnam must comply with the law on enforcement of criminal judgments and other relevant laws of Vietnam.

2. Within 5 working days after receiving a notice of the decision on special pardon, amnesty, penalty exemption or reduction, or conditional early release, or another judicial decision of the transferring State concerning a sentenced person received into Vietnam, which results in a reduction of the period of sentence serving or the release of that person (if any), the Ministry of Public Security shall immediately send such notice to the competent Court and Procuracy for consideration and decision.

3. Upon receipt of the decision from the competent authority as referred to in Clause 2 of this Article, the prison managing and detaining the sentenced person received into Vietnam shall organise the execution of such decision and notify the Ministry of Public Security of execution results for notification to the competent authority of the transferring State.

Chapter III

TRANSFER OF SENTENCED PERSONS IN VIETNAM TO FOREIGN COUNTRIES

Article 15. Documents accompanying a written request for transfer of a sentenced person in Vietnam to a foreign country

1. An application for transfer of a sentenced person must bear the signature of the sentenced person. If a sentenced person is a minor or is incapable of expressing consent to the transfer for the reason of his/her age, health condition or mental condition, the application shall be signed by his/her lawful representative.

2. A document proving that the sentenced person holds the nationality of the receiving State or is permitted to reside for an indefinite period in the receiving State, which may be the original or a certified copy of one of the following valid papers:

a/ The passport issued by a competent authority of the receiving State;

b/ A certificate of nationality or a certificate of citizenship status issued by the Vietnam-based diplomatic mission or consulate of the receiving State;

c/ Papers proving that the sentenced person is permitted to reside for an indefinite period in the receiving State;

d/ Other papers as specified by the laws on nationality and residence of the receiving State.

3. Documents describing the identification characteristics and containing fingerprints of the sentenced person include identification records, fingerprint cards, and other documents.

4. Two colour photos, sized 4cm x 6cm, taken within 6 months before the date of dossier preparation, with the sentenced person facing forwards, bareheaded, without glasses, and against a white background.

Article 16. Order and procedures for receipt of applications for transfer of sentenced persons in Vietnam to foreign countries

1. Prisons of the Ministry of Public Security and the Ministry of National Defence shall disseminate and explain to sentenced persons being foreign nationals their right to apply for transfer under the treaties on the transfer of sentenced persons to which Vietnam is a contracting party or under Vietnam’s law immediately upon their being brought to the prisons to serve their sentences; provide application forms and create favourable conditions for the sentenced persons to write applications or contact their lawful representatives or diplomatic missions of their home countries for assistance in writing applications if the sentenced persons so wish.

2. Within 3 working days after receiving the application for transfer from a sentenced person, the concerned prison of the Ministry of Public Security shall submit a written report accompanied with the application and the documents specified in Points b, c, d and g, Clause 2, Article 35 of the Law on the Transfer of Sentenced Persons; and Clauses 2, 3 and 4, Article 15 of this Decree, documents determining the performance of civil liabilities under the judgment or the additional penalty as fine or asset confiscation and other legal obligations in accordance with law, sentence serving classification results, and the document on reduction of the sentence serving period (if any) to the Ministry of Public Security; or the concerned prison of the Ministry of National Defence shall submit a written report accompanied with the application and the documents specified in Points b, c, d and g, Clause 2, Article 35 of the Law on the Transfer of Sentenced Persons; and Clauses 2, 3 and 4, Article 15 of this Decree, documents determining the performance of civil liabilities under the judgment or additional penalty as fine or asset confiscation and other legal obligations in accordance with law, sentence serving classification results, and the document on reduction of the sentence serving period (if any) to the criminal judgment enforcement management agency under the Ministry of National Defence for forwarding the application to the Ministry of Public Security.

Prisons of the Ministry of Public Security and the Ministry of National Defence shall inform sentenced persons of their rights, the legal consequences of and the time for the withdrawal of applications for transfer in accordance with Article 7 and Clause 5, Article 43 of the Law on the Transfer of Sentenced Persons.

3. In case of receiving an application of a sentenced person from the Vietnam-based representative mission of the receiving State, the Ministry of Public Security shall enter information on the application in the monitoring book for dossiers of request for transfer of sentenced persons and review the dossier of the sentenced person in order to consider the preparation of a request for transfer under Article 37 of the Law on the Transfer of Sentenced Persons.

4. In case the lawful representative or a relative of a sentenced person sends an application to the Ministry of Public Security, the Ministry of Public Security shall examine the papers proving the representation status or relationship. If the application is valid, the Ministry of Public Security shall notify such to the prison where the sentenced person is serving his/her sentence to obtain the confirmation of his/her wishes before proceeding with subsequent procedures.

5. In case the Vietnamese representative mission in the receiving State receives a sentenced person’s application for transfer from a competent authority of the receiving State, the Vietnamese representative mission shall forward the application to the Ministry of Public Security within 10 days after receiving it. For the applicants specified in Point c, Clause 1, Article 32 of the Law on the Transfer of Sentenced Persons, the Vietnamese representative mission in the receiving State shall forward the application to the Ministry of Public Security within 5 working days after receiving it. Applications for transfer may be forwarded electronically (by email).

6. After receiving a sentenced person’s application for transfer, the Ministry of Public Security shall review the conditions for transfer as specified Article 32 of the Law on the Transfer of Sentenced Persons. If the sentenced person is not yet qualified for transfer, the Ministry of Public Security shall issue a notice thereof to the sentenced person, his/her lawful representative or relative or the Vietnam-based representative mission of the receiving State, clearly stating the reason.

Article 17. Order and procedures for making requests for transfer of sentenced persons in Vietnam to foreign countries

1. Within 10 days after receiving an application of the sentenced person, the Ministry of Public Security shall send a request to the competent authority of the receiving State for the latter to provide information and documents necessary for the consideration and decision on making a request for the transfer of the sentenced person. Within 10 days after receiving the information and documents from the competent authority of the receiving State, the Ministry of Public Security shall review the conditions in accordance with Article 32 of the Law on the Transfer of Sentenced Persons.

2. If the conditions are fully satisfied, the Ministry of Public Security shall make a written request for the transfer of the sentenced person and send it to the competent authority of the receiving State under Clause 4 of this Article. If the conditions are not fully satisfied, the Ministry of Public Security shall send a notice of refusal to make a transfer request to the sentenced person and the competent authority of the receiving State, clearly stating the reason, under Clause 4 of this Article.

3. For a foreign national serving his/her sentence in a prison of the Ministry of National Defence who wishes to be transferred, within 5 working days after receiving the application for transfer, the criminal judgment enforcement management agency under the Ministry of National Defence shall send a written request to the Ministry of Public Security for the latter to receive the sentenced person. Within 5 working days after receiving the written request, the criminal judgment enforcement management agency under the Ministry of Public Security shall agree on the time and place of the receipt of the sentenced person for the criminal judgment enforcement management agency under the Ministry of National Defence to issue a decision on transfer of the sentenced person and his/her dossier to a prison of the Ministry of Public Security to serve the sentence, and the criminal judgment enforcement management agency under the Ministry of Public Security shall issue a decision to receive the sentenced person before carrying out the transfer procedures under regulations.

In case the sentenced person withdraws the application for transfer under Article 4 of this Decree or the competent People’s Court refuses to transfer the sentenced person to the foreign country or in other cases, making it impossible to transfer the sentenced person to the receiving State, the criminal judgment enforcement management agency under the Ministry of Public Security shall continue the enforcement of the sentence against the sentenced person.

4. The written request for the transfer of a sentenced person and the written refusal to make a request for the transfer of a sentenced person shall be sent through diplomatic channels, unless otherwise provided by a treaty on the transfer of sentenced persons to which both Vietnam and the foreign country concerned are contracting parties. The Ministry of Public Security shall send the written refusal to make a request for the transfer of the sentenced person to the prison where the foreign national is serving his/her sentence for forwarding to the sentenced person.

Article 18. Order and procedures for receipt, examination and forwarding of dossiers of request for transfer of sentenced persons in Vietnam to foreign countries

1. The Ministry of Public Security shall receive dossiers of request for transfer of sentenced persons by the following means:

a/ Directly from the central agency or competent authority of the receiving State;

b/ From the Ministry of Foreign Affairs, the Vietnamese representative mission in the receiving State, or the Vietnam-based representative mission of the receiving State.

2. After receiving a transfer request dossier, the Ministry of Public Security shall carry out examination as follows:

a/ Regarding form: checking the number of dossier sets, language, seals and signatures on documents and exemption from consular legalisation;

b/ Regarding composition: conducting collation to assess the completeness of mandatory documents specified in Articles 34 and 35 of the Law on the Transfer of Sentenced Persons;

c/ Regarding preliminary contents: reviewing the conditions for the transfer of sentenced persons specified in Article 32 of the Law on the Transfer of Sentenced Persons, and assessing the possibility of refusing the transfer of sentenced persons.

3. If the dossier satisfies the requirements specified in Points a and b, Clause 2 of this Article, the Ministry of Public Security shall send a document for forwarding 1 original set of the dossier of request for transfer of the sentenced person to the competent regional People’s Court, and one true copy of the dossier to the People’s Procuracy at the same level as the Court for performing the supervision function under regulations. The Ministry of Public Security’s document sent to the competent regional People’s Court must include its assessment of the satisfaction of the conditions for the transfer and the possibility of refusal of the transfer.

4. The Ministry of Public Security shall return the dossier to the competent authority of the receiving State through the diplomatic channel, unless otherwise provided by a treaty on the transfer of sentenced persons to which both Vietnam and the receiving State are contracting parties, clearly stating the reason, in the following cases:

a/ The dossier fails to satisfy at least one of the requirements specified in Points a and b, Clause 2 of this Article;

b/ The Ministry of Public Security receives no information or documents though the time limit for supplementation of the dossier has expired.

Article 19. Order and procedures for the enforcement of decisions on transfer of sentenced persons and handover of transferred persons

1. Within 5 working days after receiving the competent regional People’s Court-issued decision to enforce the decision on transfer of a sentenced person in Vietnam to the receiving State, the Ministry of Public Security shall send a written notice and request the competent authority of the receiving State to agree on the time, place, order and procedures for the handover of the sentenced person. Such time limit is 2 working days for the special case specified in Point c, Clause 1, Article 32 of the Law on the Transfer of Sentenced Persons.

2. Within 5 working days after receiving the written agreement from the competent authority of the receiving State, the Ministry of Public Security shall send a notice to the criminal judgment enforcement management agency under the Ministry of Public Security, the prison where the transferred person is serving his/her sentence and related agencies to organise the enforcement within their competence. Such time limit is 2 working days for the special case specified in Point c, Clause 1, Article 32 of the Law on the Transfer of Sentenced Persons.

3. Past 7 days from the date fixed in the agreement on the handover of the sentenced person, if the receiving State cannot receive such sentenced person yet due to objective obstacles but has notified such delay to the Ministry of Public Security and has made a written commitment to receiving the sentenced person and covering all costs arising from the delay, the Ministry of Public Security shall agree with the foreign competent authority to fix a new time and place for the transfer. The period of postponement of the enforcement of the decision on transfer of the sentenced person must not exceed 15 days, counted from the date of receipt of the written commitment from the foreign country. Past the postponement period, if the receiving State fails to receive the transferred person, the Ministry of Public Security shall make a minutes thereof and immediately notify such to the Court that has issued the decision on transfer of the sentenced person to consider the quashing of the decision on transfer of the sentenced person and the decision to enforce the decision on transfer of the sentenced person. Such time limits are 3 working days and 5 working days, respectively, for the special case specified in Point c, Clause 1, Article 32 of the Law on the Transfer of Sentenced Persons.

4. Organising the escorting of transferred persons

a/ The prison where a transferred person is serving his/her sentence shall organise the escorting of the transferred person, accompanied by true copies of judgment enforcement documents of his/her dossier bearing the prison’s seal, health certificate, medical records (if any), and written inventory of papers, property, objects, personal belongings and money (if any) of the sentenced person, to the place and at the time as agreed between the competent authorities of Vietnam and the receiving State to perform the handover procedures. The Escort Team shall be composed of its head who is the warden or a deputy warden of the prison, an escort officer, an officer in charge of dossiers, medical staff and an interpreter (if any);

b/ The escorting of the transferred person must ensure absolute safety; and guarantee that the person named in the transfer decision of the competent People’s Court is escorted to the agreed place and time for the handover.

5. Conducting the handover of transferred persons

a/ A team to handover a transferred person shall be composed of its head who is a representative of the Ministry of Public Security’s focal-point agency in charge of the transfer of sentenced persons; a representative of the criminal judgment enforcement management agency under the Ministry of Public Security; a representative of the immigration agency of the Ministry of Public Security; a representative of the external relations agency of the Ministry of Public Security; the warden or a deputy warden of the prison where the transferred person is serving his/her sentence; an interpreter; and other individuals involved in the performance of the handover procedures;

b/ The handover must comply with the order and procedures agreed between the Ministry of Public Security and the competent authority of the receiving State, diplomatic principles and international practices, and ensure absolute safety, guaranteeing that the person named in the transfer decision of the competent People’s Court is handed over to the receiving State.

The handover must be recorded in minutes made according to a set form in 3 Vietnamese-language copies, 3 English-language copies and 3 copies in the language of the receiving State; bearing signatures of the representative of the competent authority of the receiving State and the head of the handover team as specified in Point a, Clause 5 of this Article.

6. Past 7 days from the date fixed in the agreement on handover of the sentenced person, if the receiving State fails to receive the sentenced person without giving a plausible reason, the Ministry of Public Security shall make a minutes thereof and immediately notify such to the Court that has issued the transfer decision for consideration of quashing the decision on transfer of the sentenced person and the decision to enforce the decision on transfer of the sentenced person. Such time limit is 3 working days for the special case specified in Point c, Clause 1, Article 32 of the Law on the Transfer of Sentenced Persons.

7. Within 5 working days after receiving the Court’s decision to quash the decision on transfer of the sentenced person and the decision to quash the decision to enforce the decision on transfer of the sentenced person, the Ministry of Public Security shall notify such to the receiving State, the criminal judgment enforcement management agency under the Ministry of Public Security, and the prison where the transferred person is serving his/her sentence to continue the enforcement of the sentence against the person subject to the Court’s decision to quash transfer decision. Such time limit is 2 working days for the special case specified in Point c, Clause 1, Article 32 of the Law on the Transfer of Sentenced Persons.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 20. Effect

1. This Decree takes effect on July 1, 2026.

Article 21. Implementation responsibility

1. The Minister of Public Security, the Minister of National Defence and the Minister of Foreign Affairs shall coordinate with one another in guiding, directing and organising 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