Law on Extradition 2025, No. 100/2025/QH15

LAW ON EXTRADITION^[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam, which has a number of articles amended and supplemented under Resolution No. 203/2025/QH15;

The National Assembly promulgates the Law on Extradition.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides the principles, competence, conditions, order and procedures for extradition between Vietnam and foreign countries; and responsibilities of Vietnam’s state agencies in extradition.

Article 2. Subjects of application

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

Article 3. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Extradition means the transfer by Vietnam to a foreign country or the transfer by a foreign country to Vietnam of a person who has committed a criminal act or a person who is criminally sentenced and is present in its territory, so that the receiving country can examine the person for penal liability or execute a penalty against him/her.

2. Person whose extradition is requested means a person who has committed a criminal act or a person who is criminally sentenced in the requesting country provided that his/her criminal act constitutes an offence under the laws of both the requesting country and the requested country.

Article 4. Application of laws and principles of extradition

1. Extradition must comply with the provisions of this Law; in case this Law does not contain relevant provisions, the criminal procedure law, the law on enforcement of criminal judgments and other relevant regulations of Vietnam shall apply.

2. Extradition shall be based on the following principles:

a/ Respect for each other’s independence, sovereignty and territorial integrity, non-interference in each other’s internal affairs, equality and mutual benefits; and compliance with Vietnam’s Constitution and laws and treaties to which the Socialist Republic of Vietnam is a contracting party;

b/ In case Vietnam and a foreign country are not contracting parties to the same treaty on extradition, extradition shall be carried out on the principle of reciprocity but must not contravene Vietnam’s law while conforming to international law and international practices.

Article 5. Application of the principle of reciprocity in extradition

1. The principle of reciprocity in extradition shall be applied when the following conditions are fully satisfied:

a/ The principles specified in Clause 2, Article 4 of this Law are adhered to;

b/ The competent authority of the foreign country makes a written commitment to execute Vietnam’s requests in similar cases. In case Vietnam is the requesting country, the central authority in charge of extradition of the Socialist Republic of Vietnam shall make a written commitment to apply the principle of reciprocity;

c/ It is conformable with the practice and need for cooperation in extradition between Vietnam and the foreign country.

2. The central authority in charge of extradition of the Socialist Republic of Vietnam shall, pursuant to Clause 1 of this Article, decide to apply the principle of reciprocity in extradition. In case of necessity, the central authority in charge of extradition of the Socialist Republic of Vietnam shall consult the Ministry of Foreign Affairs and related agencies before making decision.

3. The Government shall detail this Article.

Article 6. The central authority in charge of extradition of the Socialist Republic of Vietnam

1. The Ministry of Public Security shall act as the central authority in charge of extradition of the Socialist Republic of Vietnam.

2. The central authority in charge of extradition of the Socialist Republic of Vietnam shall act as the focal point for exchange of information and documents relevant to extradition; provide guidance on, prepare, send and receive extradition request dossiers; assume the prime responsibility for, and coordinate with ministries, sectors and localities in, considering and settling extradition requests of Vietnam and foreign countries; monitor and urge the extradition; and perform other tasks and exercise other powers provided in the extradition law and treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 7. Cases eligible for extradition

1. A person who may be extradited is a person who has committed a criminal act for which the laws of Vietnam and a foreign country prescribe a termed imprisonment penalty of 1 year or more, life imprisonment penalty or death penalty, or who has been sentenced to imprisonment by a court of the requesting country and the remainder of his/her imprisonment sentence is at least 6 months.

2. The criminal act of the person specified in Clause 1 of this Article must not necessarily be in the same category of offences or constitute the same offence, and the factors that constitute his/her offences must not necessarily be the same under the laws of Vietnam and the requesting country.

3. In case a foreign country requests the extradition of a person committing multiple criminal acts, each of which constitutes an offence under laws of Vietnam and the foreign country and at least one of which satisfies the conditions specified in Clause 1 of this Article, Vietnam may agree to extradite such person. In case Vietnam is the requesting country, the Ministry of Public Security shall request the competent authority of the foreign country to agree to extradition in similar cases.

4. In case the criminal act of the person specified in Clause 1 of this Article is committed outside the Vietnamese territory, such person may be extradited if such act is prescribed as an offence under Vietnam’s law.

Article 8. Forms and methods of forwarding extradition request dossiers

1. Extradition requests shall be made in writing.

2. Extradition request dossiers shall be forwarded through the diplomatic channel or the Ministry of Public Security. The receipt and forwarding of extradition request dossiers may be carried out in an electronic environment in accordance with law.

3. The Government shall detail this Article.

Article 9. Languages used in extradition

1. In case Vietnam and the relevant foreign country are contracting parties to the same treaty on extradition, the language used in extradition shall be the language stated in such treaty.

2. In case Vietnam and the relevant foreign country are not contracting parties to the same treaty on extradition, the extradition request dossier and documents or request for holding of a person in case of emergency before an extradition request is presented must be accompanied by translations into the language of the requested country or the country requested to hold a person in case of emergency before an extradition request is presented, or another language accepted by the requested country or the country requested to hold a person in case of emergency before an extradition request is presented.

3. Vietnam’s authorities competent to make extradition requests or authorities competent to make requests for holding persons in case of emergency shall translate request dossiers and documents into the languages specified in Clause 1 or 2 of this Article.

4. The Government shall detail this Article.

Article 10. Exemption from consular legalisation

Dossiers of request for extradition or for holding persons in case of emergency before extradition requests are presented shall be exempt from consular legalisation if they are signed and sealed by foreign countries’ competent persons or authorities, unless otherwise provided by treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 11. Expenses for execution of extradition requests

1. In case Vietnam is the requesting country, Vietnam shall pay extradition expenses arising from the time of receiving the extradited person, unless otherwise agreed.

2. In case Vietnam is the requested country, Vietnam shall pay extradition expenses arising up to the time of handing over the extradited person, unless otherwise agreed.

3. The Government shall detail this Article.

Article 12. Funds for extradition work

Funds for extradition work shall be covered by the state budget in accordance with the law on the state budget and other relevant laws.

Article 13. Conditional extradition

1. In case a foreign country requests Vietnam to comply with certain conditions for it to consent to the extradition, the Ministry of Public Security shall assume the prime responsibility for, and coordinate with competent Vietnamese agencies in, accepting some or all of such conditions in adherence to the principles of extradition specified in Clause 2, Article 4 of this Law.

2. In case it is necessary to request a foreign country to comply with certain conditions for Vietnam to consent to extradition, the Ministry of Public Security shall assume the prime responsibility for, and coordinate with competent Vietnamese agencies in, requesting the competent authority of the foreign country to accept and commit to complying with such conditions.

3. The Government shall detail this Article.

Article 14. Notices related to the death sentence against persons whose extradition is requested

1. In case a foreign country requests Vietnam not to impose or not to execute the death sentence against a person whose extradition is requested, the Ministry of Public Security shall assume the prime responsibility for, and coordinate with related ministries and sectors in, issuing one of the following notices:

a/ The notice of non-imposition of the death sentence or non-execution of the death sentence against the person whose extradition is requested if he/she is not sentenced to death or is not subject to the execution of the death sentence under the Penal Code;

b/ The notice of non-execution of the death sentence against the person whose extradition is requested and who does not fall into the case specified in Point a, Clause 1 of this Article after obtaining the opinion of the President of the Socialist Republic of Vietnam.

2. In case Vietnam requests a foreign country not to execute the death sentence against a person whose extradition is requested, the Ministry of Public Security shall request the foreign country to make a written commitment on the non-execution of the death sentence.

3. The Minister of Public Security shall assume the prime responsibility for, and coordinate with the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy, the Minister of Foreign Affairs and the heads of other related agencies in, detailing this Article.

Article 15. Non-examination of penal liability or non-enforcement of sentences against extradited persons for offences other than those stated in extradition requests; non-extradition to a third party

1. An extradited person may not be examined for penal liability or is not required to serve a sentence in the requesting country for an offence committed before the extradition other than the offence stated in the extradition request, or may not be extradited to a third party, except the following cases:

a/ The requested country has given its prior written consent. The requested country may request the sending of documents and information specified in Articles 19, 20, 21, and 22 of this Law;

b/ The extradited person does not leave the territory of the requesting country within 30 days after he/she is free to leave unless otherwise provided by a treaty to which the Socialist Republic of Vietnam is a contracting party. This time limit does not include the time during which he/she cannot leave the territory of the requesting country due to force majeure reasons;

c/ The extradited person, after having left the territory of the requesting country, voluntarily returns thereto.

2. The Minister of Public Security shall assume the prime responsibility for, and coordinate with the Chief Justice of the Supreme People’s Court and the Procurator General of the Supreme People’s Procuracy in, detailing this Article.

Article 16. Transit of extradited persons

1. The transit of extradited persons through the Vietnamese territory shall be notified in advance in writing to the Ministry of Public Security for handling. The consent to, or refusal of, transit of extradited persons must comply with law.

2. In case the transit is permitted, the country requesting the transit of an extradited person shall manage the extradited person in the course of transit through Vietnam and pay all transit expenses in accordance with Vietnam’s law, unless otherwise agreed.

3. In case they are transported by air and landed in emergency in the Vietnamese territory, extradited persons may be managed in accordance with Vietnam’s law. The management of extradited persons and all related expenses must comply with Clause 2 of this Article.

4. In case Vietnam requests a foreign country’s consent for the transit of an extradited person, the Ministry of Public Security shall contact the foreign country to carry out procedures for requesting consent to transit.

5. The Government shall detail this Article.

Article 17. Responsibilities of state agencies regarding extradition

1. The Government has the following responsibilities:

a/ To perform the unified state management of extradition;

b/ To report on extradition work to the National Assembly in its annual reports on crime prevention and combat and law violations.

2. The Ministry of Public Security shall take responsibility before the Government for performing the state management of extradition.

The Minister of Public Security shall assume the prime responsibility for, and coordinate with the Chief Justice of the Supreme People’s Court and the Procurator General of the Supreme People’s Procuracy in, providing the application of science, technology and digital transformation in extradition work.

3. The Supreme People’s Court and the Supreme People’s Procuracy shall coordinate with the Ministry of Public Security in performing the state management of extradition.

People’s Courts and People’s Procuracies at all levels shall perform extradition-related tasks in accordance with this Law and other relevant laws.

4. Ministries, ministerial-level agencies and other related agencies shall, within the ambit of their functions and tasks, perform extradition-related tasks in accordance with this Law and other relevant laws; and coordinate with the Ministry of Public Security in performing the state management of extradition.

Chapter II

EXTRADITION FROM FOREIGN COUNTRIES TO VIETNAM

Article 18. Vietnam’s agencies competent to make extradition requests

1. The Ministry of Public Security, proceeding-conducting bodies, criminal judgment enforcement management agencies, and criminal judgment enforcement agencies are competent to make extradition requests for penal liability examination or judgment enforcement.

2. The Minister of Public Security shall assume the prime responsibility for, and coordinate with the Chief Justice of the Supreme People’s Court and the Procurator General of the Supreme People’s Procuracy in, detailing this Article.

Article 19. Vietnam’s extradition request dossiers

1. An extradition request dossier to be sent by Vietnam to a foreign country must comprise:

a/ A written request for extradition as specified in Clause 1, Article 20 of this Law;

b/ Accompanying documents as specified in Article 21 or 22 of this Law.

2. An extradition request dossier to be sent by Vietnam to a foreign country shall be made in 3 sets unless otherwise agreed. The language used in such dossiers must comply with Article 9 of this Law.

Article 20. Vietnam’s written extradition requests

1. A written request for extradition to be sent by Vietnam to a foreign country must have the following contents:

a/ The date of making the request;

b/ Name, address and contact information of the authority making the written request for extradition;

c/ Name of the requested authority;

d/ The purpose of the extradition request;

dd/ Information on personal identity and place of residence of the person whose extradition is requested;

e/ Summary of the case as the ground for making the request;

g/ Legal grounds for initiating the case, initiating charges against the accused, prosecuting, bringing the case to trial or enforcing criminal judgments;

h/ Information on the decision or order issued by the competent agency against the person whose extradition is requested;

i/ Information on the offence stated in the extradition request and the expected penalty frame to be imposed on the person whose extradition is requested, or the remainder of the sentence of the person whose extradition is requested to serve; and the provision regarding the extraditable offence;

k/ Vienam’s requests to the requested country;

l/ Vienam’s commitments to the requested country;

m/ Other necessary information (if any).

2. The Government shall detail this Article.

Article 21. Documents accompaying Vietnam’s written extradition requests for penal liability examination

1. Documents accompaying a written extradition request for penal liability examination to be sent by Vietnam to a foreign country include:

a/ A face photo of the person whose extradition is requested;

b/ Documents for identifying the personal identity and place of residence of the person whose extradition is requested;

c/ Decision or order of proceeding-conducting bodies and other competent agencies;

d/ Documents proving the criminal offence of the person whose extradition is requested;

dd/ The provisions on initiating the case, initiating charges against the accused, prosecuting or bringing the case to trial; and other provisions clarifying the extradition request for penal liability examination;

e/ Other necessary documents (if any).

2. The Government shall detail this Article.

Article 22. Documents accompanying Vietnam’s written extradition requests for judgment enforcement

1. Documents accompanying a written extradition request for judgment enforcement to be sent by Vietnam to a foreign country include:

a/ The documents specified in Points a, b, c, and d, Clause 1, Article 21 of this Law;

b/ The sentence pronounced against the person whose extradition is requested;

c/ A notice of the remainder of the sentence the person whose extradition is requested has to serve;

d/ The provisions concerning bringing the case to trial and other provisions clarifying the extradition request for judgment enforcement;

dd/ Other documents (if any).

2. The Government shall detail this Article.

Article 23. Receipt, examination and forwarding of extradition request dossiers and supplementation of information and documents

1. Except the Ministry of Public Security, authorities making extradition requests specified in Article 18 of this Law shall send extradition request dossiers to the Ministry of Public Security for examination of their validity under Articles 19 and 20 of this Law.

2. The Ministry of Public Security shall examine the validity of an extradition request dossier within 30 days after receiving such dossier. The receipt of the extradition request dossier shall be recorded in the extradition dossier register. If the dossier is valid, the Ministry of Public Security shall forward it to the relevant foreign country; if the dossier is invalid, it shall return the dossier and give a written reply, clearly stating the reason.

3. In case foreign countries request supplementation of information and documents for extradition request dossiers, the authorities making extradition requests shall supplement information and documents as requested by foreign countries through the Ministry of Public Security, unless otherwise agreed.

4. The Government shall detail Clauses 2 and 3 of this Article.

Article 24. Receipt and escort of extradited persons from foreign countries to Vietnam

1. After receiving extradition decisions issued by competent authorities of foreign countries, the Ministry of Public Security shall assume the prime responsibility for, and coordinate with the Ministry of Foreign Affairs and related agencies in, receiving and escorting extradited persons from foreign countries to Vietnam.

2. The Government shall detail this Article.

Article 25. Handling of cases in which foreign countries refuse Vietnam’s extradition requests

In case a foreigner commits an offence in the Vietnamese territory and flees to a foreign country but the foreign country refuses Vietnam’s request for his/her extradition, the authority making the extradition request shall forward the case file to the Supreme People’s Procuracy for requesting the country where the offender is present or the country of which the offender bears the nationality to continue examining him/her for penal liability.

Chapter III

EXTRADITION FROM VIETNAM TO FOREIGN COUNTRIES

Article 26. Foreign countries’ extradition request dossiers

Extradition request dossiers sent by foreign countries to Vietnam must comply with Articles 8, 9, 10, 19, 20, 21 and 22 of this Law.

Article 27. Receipt and examination of extradition request dossiers of foreign countries and verification of locations of persons whose extradition is requested

1. The Ministry of Public Security shall record extradition request dossiers of foreign countries in the extradition dossier register and examine their validity against the conditions specified in Article 26 of this Law within 30 days after receiving such dossiers. The competent Public Security agencies shall verify locations of persons whose extradition is requested present in Vietnam.

2. In case an extradition request dossier of a foreign country is invalid, the Ministry of Public Security shall return the dossier to the foreign country and clearly state the reason for refusal to accept it. In case it is necessary to clarify or supplement information and documents, the Ministry of Public Security shall request the competent authority of the foreign country to supplement them within 60 days, counted from the date of making the request. Past this time limit, if receiving no supplementary information or documents, the Ministry of Public Security shall return the dossier to the foreign country, clearly stating the reason.

3. In case the extradition request dossier of a foreign country is valid, the Ministry of Public Security shall forward a dossier set to the regional People’s Court of the place where the person whose extradition is requested is residing, being held in custody or temporary detention, serving an imprisonment sentence, or staying at an accommodation establishment for consideration and decision; and at the same time, forward a dossier set to the competent regional People’s Procuracy.

4. The Government shall detail this Article.

Article 28. People’s Courts’ receipt, docketing and consideration of extradition request dossiers sent by foreign countries to Vietnam

1. Upon receiving an extradition request dossier, a competent regional People’s Court shall record it in the handover-receipt register. In case the extradition request dossier lacks any of the documents specified in Articles 19, 21 and 22 of this Law, the competent regional People’s Court shall return the dossier and give a written reply, clearly stating the reason.

2. Within 7 days after receiving a complete extradition request dossier, the competent regional People’s Court shall docket and assign a judge to consider and decide on it.

Within 3 working days after docketing an extradition request dossier, the People’s Court shall notify thereof in writing to the Ministry of Public Security and the same-level People’s Procuracy.

3. Within 60 days after docketing an extradition request dossier, the competent regional People’s Court may request the foreign country’s competent authority to clarify information or supplement documents in the extradition request dossier through the Ministry of Public Security. The time limit for supplementing information and documents is 30 days, counted from the date of making the request.

4. Within the 60-day time limit specified in Clause 3 of this Article, the competent regional People’s Court shall issue one of the following decisions:

a/ A decision to terminate the consideration of the extradition request under Clause 5 of this Article and return the dossier to the Ministry of Public Security;

b/ A decision to consider the extradition request after the conditions specified in this Law are fully satisfied. This decision shall be sent to the person whose extradition is requested and his/her lawyer or lawful representative (if any).

The decisions specified in this Clause shall be sent to the Ministry of Public Security and the same-level People’s Procuracy within 3 working days after issued.

5. A judge shall issue a decision to terminate the consideration of an extradition request in one of the following cases:

a/ The request falls beyond his/her competence;

b/ The foreign country’s competent authority withdraws the extradition request;

c/ The person whose extradition is requested has left Vietnam;

d/ The foreign country’s competent authority fails to supplement information or documents within the time limit specified in Clause 3 of this Article;

dd/ Other reasons that make the consideration of the extradition request impossible.

6. Upon the issuance of a decision to terminate the consideration of an extradition request, the foreign country’s competent authority shall prepare a new extradition request dossier if it wishes to continue requesting extradition. The receipt, examination, docketing and consideration of the extradition request dossier must comply with this Article and Articles 26 and 27 of this Law.

Article 29. Sessions to consider extradition requests

1. Within 30 days after issuing a decision to consider an extradition request, a competent regional People’s Court shall hold a session to consider the extradition request. The competent regional People’s Court shall postpone the session for no more than 15 days after the postponement decision is issued in one of the following cases:

a/ The judge or procurator is absent for a plausible reason;

b/ The person whose extradition is requested is absent for the first time for a plausible reason.

The decision on postponement of the session mentioned in this Clause shall be immediately notified to the same-level People’s Procuracy, the person whose extradition is requested and his/her lawyer or lawful representative (if any).

2. A session to consider an extradition request shall be conducted by 1 judge with the attendance of 1 procurator of the same-level People’s Procuracy.

3. A session to consider an extradition request shall be conducted in the following order:

a/ The judge presents the content of the requesting country’s dossier and give opinions on legal grounds for extradition;

b/ The procurator presents the People’s Procuracy’s viewpoint on the extradition;

c/ The lawyer or lawful representative of the person whose extradition is requested and other related persons presents his/her/their opinions (if any);

d/ The person whose extradition is requested present his/her opinions.

4. The judge shall issue one of the following decisions:

a/ An extradition decision;

b/ A decision to refuse the extradition, clearly stating the reason.

5. Within 10 days after an extradition decision or a decision to refuse extradition is issued, the competent regional People’s Court shall send such decision to the same-level People’s Procuracy, the provincial-level People’s Procuracy, the Ministry of Public Security, the person whose extradition is requested and his/her lawyer or lawful representative (if any).

Article 30. Procedures for appellate, cassation or reopening review of extradition decisions or decisions to refuse extradition

1. A person whose extradition is requested may file an appeal within 15 days after receiving an extradition decision or a decision to refuse extradition issued by a competent regional People’s Court. The same-level People’s Procuracy may file a protest within 15 days, and the provincial-level People’s Procuracy may file a protest within 30 days after the competent regional People’s Court issues an extradition decision or a decision to refuse extradition. The competent regional People’s Court shall send the extradition dossier and the appeal or protest to the provincial-level People’s Court within 7 working days from the date of expiration of the appeal or protest filing time limit.

The appeal filing shall be notified in writing by the competent regional People’s Court to the same-level People’s Procuracy and persons related to the appeal within 5 days from the date of expiration of the appeal filing time limit.

The People’s Procuracy shall send its protest decision to the first-instance court, the person whose extradition is requested, his/her lawyer or lawful representative within 2 days after issuing the protest decision.

2. Within 20 days after receiving the extradition dossier and the appeal or protest, the provincial-level People’s Court shall hold a session to consider the appealed or protested extradition decision or decision to refuse extradition of the first-instance court. The consideration of an appellate appeal or protest against an extradition decision or decision to refuse extradition shall be conducted at a session presided over by 1 judge with the attendance of 1 procurator of the same-level People’s Procuracy, in the following order:

a/ The judge briefly presents the content of the extradition request dossier, the extradition decision or the decision to refuse extradition and the content of the appellate appeal or protest;

b/ The judge asks the person whose extradition is requested whether he/she wishes to change, supplement or withdraw the appeal; if the person so wishes, the judge shall request the procurator to present his/her opinions on such change, supplementation or withdrawal of the appeal.

The judge asks the procurator whether he/she wishes to change, supplement or withdraw the protest; if the person so wishes, the judge shall request him/her, his/her lawyer or lawful representative to present his/her opinions on such change, supplementation or withdrawal of the protest;

c/ The procurator, the person whose extradition is requested, his/her lawyer or lawful representative presents opinions on the content of the appeal or protest; the procurator states the viewpoint of the People’s Procuracy on the consideration of the extradition request.

3. The judge shall issue one of the following decisions:

a/ A decision to refuse to accept the appeal or protest and keep the first-instance decision unchanged;

b/ A decision to modify the first-instance decision;

c/ A decision to quash the first-instance decision and transfer the extradition request dossier to the competent first-instance court for re-consideration;

d/ A decision to quash the first-instance decision and terminate the consideration of the extradition request;

dd/ A decision to terminate the appellate review.

4. Legally effective extradition decisions or decisions to refuse extradition include:

a/ First-instance court decisions that are not appealed or protested against, which take effect from the date of expiration of the appeal or protest filing time limit;

b/ Appellate court decisions that take effect from the date of issuance.

Appellate court decisions shall be sent to the first-instance Court, the first-instance People’s Procuracy, the same-level People’s Procuracy, the Ministry of Public Security, the person whose extradition is requested, and his/her lawyer or lawful representative (if any).

5. Cassation or reopening review of extradition decisions or decisions to refuse extradition must comply with the Criminal Procedure Code. No cassation or reopening procedures shall be carried out for cases against which extradition decisions have been executed.

6. The Chief Justice of the Supreme People’s Court shall assume the prime responsibility for, and coordinate with the Procurator General of the Supreme People’s Procuracy, the Minister of Public Security, the Minister of Justice, the Minister of National Defence and the Minister of Foreign Affairs in, detailing this Article.

Article 31. Consideration of requests of many foreign countries for extradition of one person

1. In case the Ministry of Public Security receives requests of many foreign countries for extradition of one person, the Ministry of Public Security shall assume the prime responsibility for, and coordinate with the Supreme People’s Court, the Supreme People’s Procuracy, the Ministry of Foreign Affairs and the Ministry of Justice in, considering and deciding to execute the extradition request of one of the requesting countries and forward 1 set of the extradition request dossier to the competent regional People’s Court for consideration and decision, and at the same time, forward another one to the same-level People’s Procuracy.

2. Upon the consideration of an extradition request specified in Clause 1 of this Article, in addition to law, the following related factors shall also be considered:

a/ The nationality and the last place of overseas permanent residence of the person whose extradition is requested;

b/ The legality and relevance of the extradition request;

c/ The time and place of offence commission;

d/ The specific interests of the requesting countries;

dd/ The severity of the offence;

e/ The nationality of the victim;

g/ The possibility of subsequent extradition between the requesting countries;

h/ The date of the extradition request;

i/ Other relevant factors.

3. In case many countries request extradition of one person, if a subsequent extradition request is sent after the competent regional People’s Court has docketed an earlier one, the Ministry of Public Security shall, based on opinions of the Supreme People’s Court, the Supreme People’s Procuracy, the Ministry of Foreign Affairs and the Ministry of Justice, request in writing the competent regional People’s Court that has docketed the previously accepted extradition request dossier to return the dossier to the Ministry of Public Security for further consideration and decision.

The court that has docketed the previously accepted extradition request dossier shall issue a decision to return the extradition request dossier to the Ministry of Public Security and remove the request from its docket.

4. The Minister of Public Security shall detail Clause 2 of this Article.

Article 32. Preventive measures for extradition

To ensure the execution of extradition requests, Vietnam’s competent authorities may apply the preventive measures specified in the Criminal Procedure Code immediately after the People’s Court issues a decision to consider an extradition request. The holding of a person in case of emergency before an extradition request is presented must comply with Article 33 of this Law.

Article 33. Holding of persons in case of emergency before extradition requests are presented

1. In case a foreign country requests Vietnam to hold a person in case of emergency before an extradition request is presented in accordance with a treaty on extradition to which Vietnam and the foreign country are contracting parties, the Ministry of Public Security shall examine the validity of the request in accordance with such treaty.

In case the written request for person holding is valid, the Ministry of Public Security shall immediately forward it to the competent Public Security agency to decide on person holding and take the person to an accommodation establishment under Clauses 4, 5, 6, 7 and 8 of this Article.

The person holding duration and the content of the written request for holding a person in case of emergency before an extradition request is presented must comply with such treaty.

2. In case a foreign country requests Vietnam to hold a person in case of emergency before an extradition request is presented but Vietnam and the foreign country are not contracting parties to the same extradition treaty, the Ministry of Public Security shall examine the validity of the written request under Clause 3 of this Article.

In case the written request for person holding is valid, the Ministry of Public Security shall immediately forward it to the competent Public Security agency to decide on person holding and take the person to an accommodation establishment under Clauses 4, 5, 6, 7 and 8 of this Article.

The person holding duration is 45 days after the person is taken to the accommodation establishment.

3. A written request for holding a person in case of emergency before an extradition request is presented as specified in Clause 2 of this Article must contain the following:

a/ The date of the request;

b/ Name, address and contact information of the foreign country’s competent authority making the request;

c/ Reasons and purposes of the request;

d/ Information on the personal identity and place of residence of the person whose extradition is requested;

dd/ Information on the offense stated in the request and the penalty frame expected to be imposed on the person whose extradition is requested or the remainder of the sentence the person has to serve;

e/ Summary of the case as the grounds for the request;

g/ Information on the decision or order issued by the foreign country’s competent authority against the person whose extradition is requested;

h/ A commitment to send an official extradition request within 45 days after the written request for holding a person in case of emergency is made;

i/ A commitment to compensate for the person held in case of emergency before an extradition request is presented in case of injustice or error;

k/ A commitment that the information and documents stated in the written request for holding a person in case of emergency are accurate and truthful, and collected and issued within the competence and in accordance with the order and procedures of the foreign country’s law;

l/ A commitment that the person held in case of emergency before an extradition request is presented and the person named in the procedural decisions are the same;

m/ A commitment that the person whose extradition is requested has committed an ordinary criminal offence other than politics-related offence or military-related offence as specified by treaties to which the Socialist Republic of Vietnam is a contracting party.

4. Competent persons of public security agencies shall decide on holding and taking of persons into accommodation establishments under Clauses 1 and 2 of this Article include:

a/ Heads of competent professional departments of the Ministry of Public Security;

b/ Directors of provincial-level Departments of Public Security;

c/ Heads of competent professional divisions of provincial-level Departments of Public Security.

5. The competent persons specified in Clause 4 of this Article may delegate their powers to their deputies to carry out holding of persons in case of emergency before an extradition request is presented and take the held persons into accommodation establishments while the former are absent. Decisions on delegation of powers must be made in writing, clearly defining the scope, content and duration of the delegation. The delegated deputies shall take responsibility before their heads and law for the exercise of the delegated powers. The delegated deputies may not further delegate the powers to others.

6. A decision on holding and taking a person into an accommodation establishment under this Article must be made in writing, one copy of which shall be handed to such person and must clearly state:

a/ Time and date of the decision;

b/ Full name, rank, position and agency/unit of the decision maker;

c/ Grounds for making the person holding decision and specific articles and clauses of the legal documents applied; person holding reasons;

d/ Nationality, passport number or documents of equivalent validity;

dd/ Person holding duration; the accommodation establishment where the person is held;

f/ Signature and the seal of the authority of the person competent to issue the person holding decision.

7. Accommodation establishments specified in this Article include:

a/ Accommodation establishments managed by the Ministry of Public Security;

b/ Accommodation establishments designated by the Ministry of Public Security.

8. Rights, obligations and regimes for persons held in case of emergency before extradition requests are presented and other related matters must comply with law.

9. The Minister of Public Security shall detail this Article.

Article 34. Simplified extradition

1. In case a person whose extradition is requested submits a letter of consent to being extradited to a foreign country, the competent regional People’s Court shall, based on opinions of the Ministry of Public Security, consider whether or not to apply simplified extradition procedures.

2. Order and procedures for applying simplified extradition are as follows:

a/ The People’s Court shall docket the extradition request dossier under Clauses 1 and 2, Article 28 of this Law;

b/ Within 15 days after receiving a letter of consent to being extradited to a foreign country from the person whose extradition is requested, the People’s Court shall verify whether or not such person voluntarily consents to the extradition and fully understands legal consequences thereof;

c/ Within 15 days after completing the verification of consent, the People’s Court shall hold a session to consider the extradition request under Article 29 of this Law without having to issue a decision to consider the extradition request under Point b, Clause 4, Article 28 of this Law.

Article 35. Execution of extradition decisions

1. Within 10 days after an extradition decision issued by a competent People’s Court takes effect, the Chief Justice of the competent regional People’s Court that has issued the first-instance decision shall issue a decision on execution of the extradition decision (below referred to as execution decision). The execution decision shall be sent to the Ministry of Public Security, the same-level People’s Procuracy, the competent authority of the requesting country, the extradited person and his/her lawful representative (if any). The execution decision shall be sent to the requesting country through the Ministry of Public Security.

2. After receiving the execution decision, the Ministry of Public Security shall organise the execution according to the following procedures:

a/ To direct the competent public security agency to arrest the extradited person in accordance with the Criminal Procedure Code;

b/ To reach an agreement with the requesting country regarding the time and place of transfer of the extradited person;

c/ To direct the transfer of the extradited person, documents, objects and property in accordance with Articles 36 and 37 of this Law.

Article 36. Transfer of extradited persons

1. Competent public security offices shall organise the escort of extradited persons with the time and place of transfer agreed upon between Vietnam and foreign countries. The escort of extradited persons must comply with the Criminal Procedure Code.

2. The time limit for transfer of an extradited person is 30 days from the effective date of the execution decision. In case of a force majeure event or for other plausible reasons, the time and place of transfer of the extradited person must be exchanged and agreed upon between the Ministry of Public Security and a competent authority of the foreign country.

3. Upon the expiration of the time limit specified in Clause 2 of this Article, if the requesting country fails to receive the extradited person without a plausible reason, the Ministry of Public Security shall propose the Chief Justice of the People’s Court that has issued the execution decision to abort the execution decision and the extradition decision, release the extradited person, and notify such to the requesting country. Such decisions shall be sent to the same-level People’s Procuracy within 3 working days from the date of issuance.

4. The Minister of Public Security shall assume the prime responsibility for, and coordinate with the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy, the Minister of Justice, the Minister of National Defence and the Minister of Foreign Affairs in, detailing this Article.

Article 37. Transfer of documents, objects and property

In case of necessity to transfer documents, objects or property related to an extradited person to the country requesting the extradition of such person, the Ministry of Public Security shall transfer such documents, objects or property to the requesting country in accordance with the treaties to which Vietnam and the requesting country are contracting parties, on the basis of respecting the rights of the third party at the time of transfer of the extradited person or at another time as agreed upon with the requesting country. For documents, objects or property that cannot be transferred and must be destroyed, the Ministry of Public Security shall notify such to the requesting country and request the agency preserving such documents, objects and property to destroy them in accordance with Vietnam’s law.

Article 38. Postponement and resumption of the execution of extradition decisions

1. In case a person whose extradition is requested has obtained a decision on execution of the extradition decision but is subject to penal liability examination or a penalty in the Vietnamese territory for an offence other than that for which extradition is requested, the Chief Justice of the People’s Court that has issued the execution decision shall, on his/her own accord or at the request of the People’s Procuracy, the competent public security agency examining penal liability of the extradited person or agencies managing the enforcement of the criminal judgment against the extradited person, issue a decision to postpone the execution of the extradition decision for such person. The postponement period shall expire upon the completion of the penal liability examination or when the pronounced sentence is wholly or partly served.

Within 3 working days from the date of issuance, the decision on postponement of execution of the extradition decision shall be sent to the Ministry of Public Security, the same-level People’s Procuracy, and agencies/authorities specified in Clause 1 of this Article. The Ministry of Public Security shall promptly notify in writing the postponement of execution of the extradition decision to the requesting country.

2. Upon the expiration of the period of postponement of the execution of the extradition decision as specified in Clause 1 of this Article, the Chief Justice of the People’s Court that has issued the decision on postponement of the execution of the extradition decision shall abort such decision and resume the execution of the extradited decision; and concurrently forward the decision together with relevant dossiers and documents to the Ministry of Public Security for further execution as agreed upon with the requesting country. Order and procedures for resumption of the execution of the extradition decision must comply with Articles 35, 36 and 37 of this Law.

3. The Chief Justice of the Supreme People’s Court shall assume the prime responsibility for, and coordinate with the Procurator General of the Supreme People’s Procuracy, the Minister of Public Security, the Ministry of Justice, the Ministry of National Defence and the Ministry of Foreign Affairs in, detailing this Article.

Article 39. Temporary extradition

1. In case the postponement of the execution of an extradition decision specified in Clause 1 of Article 38 of this Law obstructs the penal liability examination in a foreign country due to the expiration of the statute of limitations or causes significant difficulties for the penal liability examination for the offence for which the extradition is requested, the Chief Justice of the People’s Court that has issued the decision on postponement of extradition shall, at the request of the requesting country through the Ministry of Public Security, and on the basis of opinions of the People’s Procuracy and competent Public Security agency examining penal liability or the agency managing the enforcement of the criminal judgment against the extradited person, issue a decision on temporary extradition of the person whose extradition is requested to the requesting country. A decision on temporary extradition shall be executed according to the order and procedures specified in Articles 35, 36 and 37 of this Law.

2. A person subject to temporary extradition shall be returned to Vietnam immediately upon the completion of the penal liability examination in the requesting country or upon the expiration of the time limit for temporary extradition request as agreed upon between Vietnam and the requesting country, so that the penal liability examination or judgment enforcement may continue to be carried out in Vietnam for the person whose extradition is requested. The decision on temporary extradition ceases to be effective when the temporarily extradited person is transferred back to Vietnam.

3. If the requesting country does not make a new extradition request, upon completion of the penal liability examination or judgment enforcement against the person whose extradition is requested in Vietnam, the Chief Justice of the People’s Court that has issued the decision on temporary extradition shall permit further implementation of the decision on execution of the extradition decision. If the requesting country makes a new extradition request, the Chief Justice of the People’s Court that has issued the decision on temporary extradition shall, at the request of the Ministry of Public Security, abort the extradition decision and the decision on execution of the extradition decision in order to consider and settle the new extradition request in accordance with this Law, if having plausible reasons.

Article 40. Re-extradition

In case an extradited person evades the penal liability examination or serving of a sentence abroad and returns to Vietnam, the requesting country may make a request for re-extradition of that person enclosed with the dossier specified in Article 26 of this Law. In this case, the People’s Court that has issued the first-instance decision shall issue a decision on re-extradition of that person without having to carry out the procedures for considering the extradition request specified in Article 29 of this Law.

The execution of re-extradition decisions must comply with Articles 35, 36 and 37 of this Law.

Article 41. Refusal of extradition

1. Competent People’s Courts shall refuse extradition in one of the following cases:

a/ The extradition does not adhere to the principles specified in Clause 2, Article 4 of this Law;

b/ The offender whose extradition is requested does not meet the requirements specified in Article 7 of this Law;

c/ The person whose extradition is requested is a Vietnamese citizen;

d/ The statute of limitations for penal liability examination or judgment enforcement for the person whose extradition is requested has expired under Vietnam’s law;

dd/ The person whose extradition is requested has been convicted by a Vietnamese court with a legally effective judgment, or has been pronounced by a Vietnamese court to be innocent, exempt from penal liability examination or from execution of the penalty for the criminal act stated in the extradition request, or the case has been terminated in accordance with Vietnam’s law;

e/ The person whose extradition is requested is at risk of persecution, torture, or cruel, inhuman or degrading treatment or punishment in the requesting country;

g/ The extradition request is made on the grounds of race, religion, gender, nationality, ethnic origin, social background or political opinions of the person whose extradition is requested, or for the reason that the person may be treated unfairly in the course of penal liability examination or judgment enforcement.

2. A competent People’s Court may refuse extradition in one of the following cases:

a/ The offence stated in the extradition request is a political or military offence in accordance with a treaty to which the Socialist Republic of Vietnam is a contracting party;

b/ The person whose extradition is requested is examined for penal liability in Vietnam for the criminal act stated in the extradition request.

3. In case there are clear grounds to determine that the person whose extradition is requested falls into the case in which extradition must be refused specified in Clause 1 of this Article, the Ministry of Public Security shall notify such to the requesting country. The Minister of Public Security shall detail this Clause.

Article 42. Handling of cases in which Vietnam refuses to extradite Vietnamese citizens to foreign countries

1. In case Vietnam refuses to extradite a Vietnamese citizen to a foreign country for penal liability examination, if the foreign country so requests, the consideration of penal liability of such person shall be carried out in accordance with the Penal Code, the Criminal Procedure Code, and the law on mutual legal assistance in criminal matters.

2. In case Vietnam refuses to extradite a Vietnamese citizen to a foreign country for enforcement of a judgment, if the foreign country so requests, the People’s Court that has issued the decision on refusal of extradition may consider the request of the foreign country for recognition and enforcement in Vietnam of the criminal judgment of the foreign court in accordance with the Penal Code, the Criminal Procedure Code, the Law on Execution of Criminal Judgments, and the law on mutual legal assistance in criminal matters.

Article 43. Handling of cases in which Vietnam refuses to extradite foreigners to foreign countries

In case Vietnam refuses to extradite a foreigner to a foreign country, if the foreign country requests the penal liability examination of such person, the Ministry of Public Security shall assume the prime responsibility for, and coordinate with the Supreme People’s Court and the Supreme People’s Procuracy in, considering and applying the provisions of Clause 1, Article 42 of this Law.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 44. Effect

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

2. Law No. 08/2007/QH12 on Mutual Legal Assistance, which has a number of articles amended and supplemented under Law No. 81/2025/QH15, ceases to be effective on the effective date of this Law, except the transitional provisions in Article 45 of this Law, Article 48 of the Law on Transfer of Persons Currently Serving Imprisonment Sentences, Clause 1, Article 42 of the Law on Mutual Legal Assistance in Criminal Matters, and Clause 1, Article 38 of the Law on Mutual Legal Assistance in Civil Matters.

Article 45. Transitional provisions

Extradition requests made or received by the Ministry of Public Security before the effective date of this Law may be considered and processed in accordance with Law No. 08/2007/QH12 on Mutual Legal Assistance, which has a number of articles amended and supplemented by Law No. 81/2025/QH15.

This Law was passed on November 26, 2025, by the 15^th National Assembly of the Socialist Republic of Vietnam, at its 10^th session.-

Chairman of the National Assembly
TRAN THANH MAN