Law on Mutual Legal Assistance in Criminal Matters 2025, No. 103/2025/QH15

LAW

On Mutual Legal Assistance in Criminal Matters^[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 Mutual Legal Assistance in Criminal Matters.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides principles, competence, order and procedures for the provision of mutual legal assistance in criminal matters between Vietnam and foreign countries; and responsibilities of Vietnamese state authorities in mutual legal assistance in criminal matters.

Article 2. Subjects of application

This Law applies to Vietnamese authorities, organisations and individuals, and foreign authorities, organisations and individuals involved in mutual legal assistance in criminal matters between Vietnam and foreign countries.

Article 3. Interpretation of terms

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

1. Mutual legal assistance in criminal matters means the provision of mutual support between Vietnam and foreign countries, through competent state authorities, in the verification, investigation, and collection of evidence, or in carrying out other activities to serve the settlement of criminal matters or cases and the enforcement of judgments.

2. Requesting country means a country that sends a letter of request for mutual legal assistance in criminal matters to a requested country for the latter to consider providing support.

3. Requested country means a country that is requested to provide mutual legal assistance in criminal matters.

4. Request-preparing authority means a competent authority as defined by law that requests a foreign country to provide mutual legal assistance in criminal matters for the settlement of criminal matters or cases or the enforcement of judgments.

5. Request-executing authority means a competent authority as defined by law that is assigned to provide mutual legal assistance in criminal matters in Vietnam or abroad.

Article 4. Application of law

1. Mutual legal assistance in criminal matters must comply with this Law; where this Law does not provide this issue, the relevant provisions of the criminal procedure law and other relevant laws of Vietnam shall apply.

2. Foreign law may only be applied in accordance with treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 5. Principles of mutual legal assistance in criminal matters

1. Mutual legal assistance in criminal matters shall be provided on the principles of respect for independence, sovereignty and territorial integrity, non-interference in one another’s internal affairs, equality and mutual benefit, and in compliance with the Constitution and laws of Vietnam and the treaties to which the Socialist Republic of Vietnam is a contracting party.

2. In case Vietnam and a foreign country are not both contracting parties to a treaty on mutual legal assistance in criminal matters, mutual legal assistance in criminal matters shall be provided on the principle of reciprocity but must not contravene Vietnam’s law and must comply with international law and international practices.

Article 6. Central authority of the Socialist Republic of Vietnam in mutual legal assistance in criminal matters

1. The Supreme People’s Procuracy is the central authority of the Socialist Republic of Viet Nam in mutual legal assistance in criminal matters.

2. The central authority of the Socialist Republic of Viet Nam in mutual legal assistance in criminal matters shall act as the focal point in exchanging information, and receiving, transferring, monitoring and urging the provision of mutual legal assistance in criminal matters; refuse or postpone the execution of requests for mutual legal assistance in criminal matters according to its competence; coordinate with related authorities in considering and settling requests for mutual legal assistance in criminal matters; propose the conclusion of, or accession to, and implementation of, treaties on mutual legal assistance in criminal matters, and perform/exercise other obligations/powers in accordance with the law on mutual legal assistance in criminal matters and the treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 7. Application of the principle of reciprocity in mutual legal assistance in criminal matters

1. The Supreme People’s Procuracy shall decide on the receipt and processing of requests of foreign countries for mutual legal assistance in criminal matters and the sending of Vietnam’s requests for mutual legal assistance in criminal matters on the principle of reciprocity.

2. When necessary, the Supreme People’s Procuracy shall consult the Ministry of Foreign Affairs and related authorities before making its decision.

Article 8. Languages in dossiers of request for mutual legal assistance in criminal matters

1. If Vietnam and a foreign country are both contracting parties to a treaty on mutual legal assistance in criminal matters, the language in dossiers of request for mutual legal assistance in criminal matters is the language used in such treaty.

2. If Vietnam and a foreign country are not both contracting parties to a treaty on mutual legal assistance in criminal matters, dossiers of request mutual legal assistance in criminal matters shall be accompanied by translations into the language of the requested country or another language accepted by the requested country.

3. Vietnam’s request-preparing authorities shall have the documents and materials specified in Clause 1, Article 19 of this Law translated into the language specified in Clauses 1 and 2 of this Article.

Article 9. Scope of mutual legal assistance in criminal matters

The scope of mutual legal assistance in criminal matters covers:

1. Service, delivery or sending of procedural documents;

2. Search and seizure;

3. Confiscation, return and handling of material evidences and assets;

4. Arrangement of travel of persons in the requested country to the requesting country to assist in investigation and provide evidence;

5. Arrangement of travel of competent persons in the requesting country to the requested country to appear in the course of the provision of mutual legal assistance in criminal matters;

6. Temporary transfer of temporarily detained persons or persons currently serving sentences in the requested country to the requesting country to assist in investigation and provide evidence;

7. Direct or online taking of testimonies and other forms of evidence collection and provision;

8. Transfer serving examination for penal liability;

9. Exchange of information;

10. Other forms of mutual assistance.

Article 10. Exemption from consular legalisation

Dossiers of request and results of the execution of requests for mutual legal assistance in criminal matters are exempt from consular legalisation if they are signed and sealed by foreign competent persons or authorities, unless otherwise provided by the treaties to which the Socialist Republic of Vietnam is contracting party.

Article 11. Safeguards

1. When requesting a person’s attendance in the territory of the requesting country to assist in investigation and provide evidence, the requesting country shall make a written commitment that:

a/ Such person will not be examined for penal liability in the territory of the requesting country for an act committed before he/she leaves the requested country;

b/ Such person will neither be arrested nor be subject to any restriction of personal liberty in the territory of the requesting country for an act committed before he/she leaves the requested country, except the cases specified in Clause 1, Article 35 and Clause 1, Article 37 of this Law;

c/ Such person will not have to provide evidence or assist any criminal investigation activities beyond the scope stated in the request for mutual legal assistance without his/her consent.

2. A person who refuses to travel to the requesting country to assist in investigation and provide evidence will not be subject to any penalty or coercive measure.

3. A person who agrees to travel to the requesting country to assist in investigation and provide evidence will not be examined for penal liability for their statements, unless he/she makes false statements.

4. The immunity of a person from being examined for penal liability, arrested or subject to restriction of personal liberty as specified in Points a and b, Clause 1 of this Article will be terminated if he/she fails to leave the requesting country beyond 15 days after being notified in writing by the competent authority of the requesting country that his/her attendance in the territory of the requesting country is no longer needed. This time limit does not count the duration in which such person cannot leave the requesting country for force majeure events.

Article 12. Information confidentiality and use limitation

1. Information, documents and evidence provided by the competent authority of a country may only be used for proper purposes stated in requests for mutual legal assistance in criminal matters and may not be disclosed or transferred to a third party. In case of use of information, documents and evidence for purposes other than those stated in requests for mutual legal assistance in criminal matters, prior written consent of the competent authority of the other country is required.

2. Information, documents and evidence provided by the competent authority of the requested country must be protected from falsification, alteration or unauthorised disclosure. When requested by the requesting country or in case of necessity, the competent authority of the requested country may decide to apply appropriate measures to ensure information confidentiality.

3. If it is impossible to execute the information confidentiality request, the competent authority of the requested country shall notify such and clearly state the reasons, and exchange opinions with the competent authority of the requesting country on alternative measures (if any).

Article 13. Delivery and receipt of documents, material evidences and assets related to mutual legal assistance in criminal matters

1. The delivery and receipt of documents, material evidences and assets related to mutual legal assistance in criminal matters between the Supreme People’s Procuracy and the request-preparing authority or the request-executing authority in Vietnam must comply with Vietnam’s law.

2. The delivery and receipt of documents, material evidences and assets related to mutual legal assistance in criminal matters between the Supreme People’s Procuracy and a foreign competent authority shall be agreed by the two sides in accordance with the treaty to which the two countries are contracting parties, and relevant laws of Vietnam and the foreign country.

Article 14. Consideration of requests related to the death penalty

1. In case a foreign country requests Vietnam not to apply the death penalty or not to enforce a death sentence in order to execute a request for mutual legal assistance in criminal matters, the Supreme People’s Procuracy shall assume the prime responsibility for, and coordinate with related authorities in, issuing:

a/ A notice of non-application of the death penalty or non-enforcement of the death sentence against the person involved in the request for mutual legal assistance in criminal matters, if that person is eligible for non-application of the death penalty or non-enforcement of the death sentence specified in the Penal Code; or,

b/ A notice of non-enforcement of the death sentence against the person involved in the request for mutual legal assistance in criminal matters who does not fall into the case specified in Point a, Clause 1 of this Article after consulting the President of the Socialist Republic of Vietnam.

2. In case Vietnam requests a foreign country not to apply the death penalty or not to enforce a death sentence in order to execute a request for mutual legal assistance in criminal matters, the Supreme People’s Procuracy shall request the foreign country to make a written commitment regarding this issue.

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

Article 15. Expenses for execution of requests for mutual legal assistance in criminal matters

1. In case Vietnam and a foreign country are both contracting parties to a treaty on mutual legal assistance in criminal matters, expenses for the provision of mutual legal assistance in criminal matters must comply with such treaty.

2. In case Vietnam and a foreign country are not both contracting parties to any treaty on mutual legal assistance in criminal matters, unless otherwise agreed, expenses for the provision of mutual legal assistance in criminal matters shall be paid by the requested country, except the following expenses that are payable by the requesting country:

a/ Expense for transportation of a person to/from a country and any allowance such person is entitled to during the execution of the request for mutual legal assistance in criminal matters as specified in Clauses 4, 5 and 6, Article 9 of this Law;

b/ Expense for officers in charge of escorting or guarding sentenced persons;

c/ Expense for expert examination;

d/ Expense for interpretation, translation, and reproduction of documents;

dd/ Expense for collection of evidence via live television links or other technical means;

e/ Other expenses payable by the requesting country pursuant to a request made by the requested country.

3. The Government shall detail this Article.

Article 16. Funding for mutual legal assistance in criminal matters

Funding for mutual legal assistance in criminal matters shall be covered by the state budget in accordance with the law on the state budget and relevant regulations.

Article 17. Provision of mutual legal assistance in criminal matters between Vietnam and the neighbouring countries

1. Request-preparing authorities and request-executing authorities of provinces and cities sharing the borderline between Vietnam and foreign countries may directly provide mutual legal assistance in criminal matters in the cases specified in treaties between Vietnam and those foreign countries.

Provincial-level People’s Procuracies of provinces and cities sharing the borderline between Vietnam and foreign countries shall send and receive requests for mutual legal assistance in criminal matters sent by request-preparing authorities of those provinces and cities; and at the same time, report such to the Supreme People’s Procuracy for monitoring, coordinating, urging, and managing mutual legal assistance in criminal matters.

2. The order and procedures for providing mutual legal assistance in criminal matters between Vietnam and the neighbouring countries specified in this Article are similar to those specified in Chapters II and III of this Law.

Article 18. Responsibilities of state authorities in mutual legal assistance in criminal matters

1. The Supreme People’s Procuracy shall uniformly manage mutual legal assistance in criminal matters nationwide; include the content on mutual legal assistance in criminal matters in its annual work reports for submission to the National Assembly; guide competent authorities in providing mutual legal assistance in criminal matters; and perform/exercise other tasks/powers of the central authority of the Socialist Republic of Vietnam in mutual legal assistance in criminal matters.

2. The Government shall coordinate with the Supreme People’s Procuracy in managing mutual legal assistance in criminal matters; and direct ministries, ministerial-level agencies and government-attached agencies in mutual legal assistance in criminal matters activities.

3. Procuracies shall exercise the right to prosecute and supervise mutual legal assistance in criminal matters; other competent proceedings-conducting authorities, judgment enforcement authorities, and other related authorities shall, within the ambit of their tasks and powers, provide mutual legal assistance in criminal matters in accordance with this Law and relevant regulations.

The Procurator General of the Supreme People’s Procuracy shall assume the prime responsibility for, and coordinate with the Chief Justice of the Supreme People’s Court, the Minister of Public Security, the Minister of National Defence, the Minister of Justice and the Minister of Foreign Affairs in, providing the coordination in performing/exercising the tasks, rights and responsibilities of procuracies and other authorities regarding the exercise of the right to prosecute and supervise mutual legal assistance in criminal matters activities.

4. The Supreme People’s Court, ministries, ministerial-level agencies and government-attached agencies shall, within the ambit of their tasks and powers, coordinate with the Supreme People’s Procuracy in managing mutual legal assistance in criminal matters.

Chapter II

REQUESTS FOR MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS FROM VIETNAM

Article 19. Dossiers of request for mutual legal assistance in criminal matters from Vietnam

1. A dossier of request for mutual legal assistance in criminal matters from Vietnam to be sent to a foreign country must comprise:

a/ A written request for mutual legal assistance in criminal matters from Vietnam as specified in Clause 1, Article 20 of this Law; and,

b/ Other documents (if any).

2. A dossier of request for mutual legal assistance in criminal matters from Vietnam shall be prepared in 3 sets, unless otherwise agreed. The language used to prepare such a dossier must comply with Article 8 of this Law.

Article 20. Written requests for mutual legal assistance in criminal matters from Vietnam

1. A written request for mutual legal assistance in criminal matters from Vietnam to be sent to a foreign country must have the following main contents:

a/ Name of the request-preparing authority;

b/ Grounds for preparing the request;

c/ Name of the central authority of the requested country;

d/ Names and addresses of individuals and organisations related to the request;

dd/ Purpose(s) of the request;

e/ Information on the criminal case or matter and judgment enforcement;

g/ Provisions of Vietnam’s law on the offence and applicable penalty;

h/ Matters requiring mutual legal assistance of the foreign country;

i/ Deadline for notification of results of the request execution (if any);

k/ Information confidentiality requirement (if any).

2. The Procurator General of the Supreme People’s Procuracy shall detail this Article.

Article 21. Preparation and sending of requests for mutual legal assistance in criminal matters

1. Request-preparing authorities of Vietnam include:

a/ The central authority of the Socialist Republic of Vietnam in mutual legal assistance in criminal matters;

b/ Investigating authorities;

c/ Procuracies;

d/ Courts;

dd/ Criminal judgment enforcement authorities, civil judgment enforcement authorities;

e/ Other authorities as defined by law.

2. When having the need to request a foreign country to provide mutual legal assistance in criminal matters, the request-preparing authority shall prepare a dossier of request for mutual legal assistance in criminal matters as specified in Article 19 of this Law and send it to the Supreme People’s Procuracy.

3. Within 10 days after receiving the dossier, the Supreme People’s Procuracy shall docket it and check its validity. If the dossier is valid, the Supreme People’s Procuracy shall send it to the competent authority of the foreign country in accordance with the treaty to which the Socialist Republic of Vietnam is a contracting party, or forward it to the Ministry of Foreign Affairs in case Vietnam and the foreign country are not both contracting parties to a treaty, or if the treaty to which the Socialist Republic of Vietnam is a contracting party requires the transmission of the dossier via diplomatic channel, and concurrently notify such to the request-preparing authority. If the dossier is invalid, the Supreme People’s Procuracy shall return it to the request-preparing authority, clearly stating the reason, and request the addition of information or provide guidance on preparing a new request.

4. Within 5 working days after receiving the dossier, the Ministry of Foreign Affairs shall forward it via diplomatic channel to the competent authority of the foreign country for support.

5. If a treaty to which the Socialist Republic of Vietnam is a contracting party or the law of the foreign country requires the Supreme People’s Procuracy to directly prepare the request for mutual legal assistance in criminal matters, the request-preparing authority shall provide information and documents to the Supreme People’s Procuracy.

6. After the dossier is sent to the competent authority of the foreign country, if the request-preparing authority finds it no longer necessary to make the request for the foreign country to provide mutual legal assistance in criminal matters, it shall promptly notify such in writing to the Supreme People’s Procuracy for subsequent notification to the competent authority of the foreign country of the termination of the request for mutual legal assistance in criminal matters.

7. The receipt and transfer of documents, materials and dossiers may be carried out in an electronic environment in accordance with law.

Article 22. Supplementation of information

1. Upon receiving a request from the competent authority of a foreign country for supplementation or clarification of information related to a criminal matter or case, judgment enforcement, or another content in the request for mutual legal assistance in criminal matters, the Supreme People’s Procuracy shall notify such in writing to the request-preparing authority for implementation, clearly stating the deadline. The request-preparing authority shall send a document on information supplementation or clarification to the Supreme People’s Procuracy.

2. In case the competent authority of the foreign country requests supplementation or clarification of information relevant to the provisions of Vietnam’s law, the Supreme People’s Procuracy shall send such information to the competent authority of the foreign country.

3. In case of necessity, the Supreme People’s Procuracy shall assume the prime responsibility for, and coordinate with the request-preparing authority and other related authorities in, reaching agreement on information contents that need to be supplemented or clarified.

Article 23. Notification of results of the execution of requests for mutual legal assistance in criminal matters

1. Within 5 working days after receiving results of the execution of a request for mutual legal assistance in criminal matters from the foreign country, the Supreme People’s Procuracy shall send the results to the request-preparing authority.

2. After receiving the results of the execution of the request for mutual legal assistance in criminal matters, if finding such results unclear or incomplete, the request-preparing authority may propose the Supreme People’s Procuracy to request the competent authority of the foreign country to supplement or clarify such results.

3. Upon receiving the proposal mentioned in Clause 2 of this Article, the Supreme People’s Procuracy shall request the competent authority of the foreign country to supplement or clarify the results of the execution of the request for mutual legal assistance in criminal matters.

Article 24. Legal validity of results of the execution of requests for mutual legal assistance in criminal matters

Results of the execution of requests for mutual legal assistance in criminal matters carried out in accordance with this Law and provided by competent authorities of foreign countries are legally valid and shall be considered for use in the course of settlement of criminal matters or cases or judgment enforcement in accordance with law.

Article 25. Termination of requests for mutual legal assistance in criminal matters

1. A request for mutual legal assistance in criminal matters shall be terminated in the following cases:

a/ The request-preparing authority has fully received results of the execution of the request for mutual legal assistance in criminal matters;

b/ The competent authority of the foreign country notifies in writing the impossibility to execute the request for mutual legal assistance in criminal matters;

c/ The request-preparing authority notifies in writing that the request for mutual legal assistance in criminal matters is no longer necessary;

d/ The Supreme People’s Procuracy, the request-preparing authority and related authorities agree to terminate the request for mutual legal assistance in criminal matters in case of receiving no response from the foreign country.

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

Article 26. Requesting foreign countries to examine penal liability

1. For a case involving a foreigner who commits an offence in Vietnam’s territory and has fled abroad but cannot be extradited, the authority that has accepted the case for settlement shall transfer the case file to the Supreme People’s Procuracy to request the country where the offender is present or the country of which the offender is a national to continue examining his/her penal liability. When deciding to transfer the case file, the Supreme People’s Procuracy may also transfer material evidences of the case.

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

Chapter III

REQUESTS FOR MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS FROM FOREIGN COUNTRIES

Article 27. Dossiers of request for mutual legal assistance in criminal matters from foreign countries

1. A dossier of request for mutual legal assistance in criminal matters from a foreign country to be sent to Vietnam must comprise:

a/ A written request for mutual legal assistance in criminal matters from the foreign country as specified in Article 28 of this Law; and,

b/ Other documents (if any).

2. A dossier of request for mutual legal assistance in criminal matters from the foreign country shall be prepared in 3 sets, unless otherwise agreed. The language used in preparing such a dossier must comply with Article 8 of this Law.

Article 28. Written requests for mutual legal assistance in criminal matters from foreign countries

A written request for mutual legal assistance in criminal matters from a foreign country to be sent to Vietnam must have the following main contents:

1. Name of the request-preparing authority;

2. Grounds for preparing the request;

3. Names and addresses of individuals and organisations related to the request;

4. Purpose(s) of the request;

5. Information on the criminal matter or case or judgment enforcement; circumstances of the criminal matter or case or judgment enforcement related to Vietnam; relationship between the individuals and organisations related to the request and the content of the criminal matter or case, judgment enforcement; and progress of settlement of the criminal matter or case, or judgment enforcement;

6. Provisions of the law of the requesting country on the offence and applicable penalty(ies);

7. Matters requiring mutual legal assistance of Vietnam;

8. Deadline for notification of results of the request execution (if any);

9. Information confidentiality requirement (if any).

Article 29. Receipt of dossiers of request for mutual legal assistance in criminal matters from foreign countries

1. Within 10 days after receiving a dossier of request for mutual legal assistance in criminal matters from the competent authority of a foreign country, the Supreme People’s Procuracy shall docket it and check its validity. If the dossier is valid, the Supreme People’s Procuracy shall forward it to the requesting-executing authority for execution. If the dossier is invalid, the Supreme People’s Procuracy shall return it to the competent authority of the foreign country, or request the supplementation of information, clearly stating the reason.

2. If a treaty between Vietnam and a foreign country states that the request for mutual legal assistance in criminal matters may be prepared in another language, and the dossier has not been translated into Vietnamese, the Supreme People’s Procuracy must have the documents in the dossier translated into Vietnamese in accordance with law. Within 10 days after receiving the translations, the Supreme People’s Procuracy shall process the dossier in accordance with Clause 1 of this Article.

3. If the dossier of request for mutual legal assistance in criminal matters is sent through other authorities, within 5 working days, the dossier-receiving authority shall forward it to the Supreme People’s Procuracy.

4. The receipt and transfer of documents, materials and dossiers may be carried out in an electronic environment in accordance with law.

Article 30. Refusal or postponement of execution of requests for mutual legal assistance in criminal matters from foreign countries

1. A request for mutual legal assistance in criminal matters from a foreign country shall be refused in one of the following cases:

a/ As is specified in the treaty to which the Socialist Republic of Vietnam is a contracting party;

b/ The request violates the principles specified in Clause 1, Article 5 of this Law;

c/ The request is prejudicial to the sovereignty, national security, national interests, or public order of Vietnam;

d/ The request is related to the examination for penal liability of a person for an offence for which he/she has been convicted, acquitted, or granted a general amnesty or special amnesty in Vietnam;

dd/ The request is related to an offence for which the statute of limitations for penal liability examination has expired in accordance with the criminal law of Vietnam;

e/ There are grounds to believe that the request is made for the purpose of examining a person for penal liability on account of his/her race, religion, nationality, ethnic origin or political view, or that he/she may be unfairly treated in the course of penal liability examination for such reasons.

2. A request for mutual legal assistance in criminal matters from a foreign country may be refused in one of the following cases:

a/ A violation of law is committed but does not constitute an offence in accordance with the criminal law of Vietnam;

b/ The execution of the request falls beyond the capacity and conditions of the request-executing authority in Vietnam;

c/ The request concerns an offence related to political or military matters as provided in the treaty to which the Socialist Republic of Vietnam is a contracting party.

3. The execution of a request for mutual legal assistance in criminal matters from a foreign country may be postponed in Vietnam if it impedes the process of initiation of criminal cases, investigation, prosecution, trial, or judgment enforcement in Vietnam.

4. When deciding to refuse or postpone the execution of a request for mutual legal assistance in criminal matters under Clauses 1, 2 and 3 of this Article, the Supreme People’s Procuracy shall notify such to the competent authority of the requesting foreign country, clearly stating the reason.

Article 31. Execution of requests for mutual legal assistance in criminal matters from foreign countries

1. Request-executing authorities in Vietnam include:

a/ The central authority of the Socialist Republic of Vietnam in mutual legal assistance in criminal matters;

b/ Investigating authorities;

c/ Procuracies;

d/ Courts;

dd/ Criminal judgment enforcement authorities, civil judgment enforcement authorities;

e/ Other authorities as defined by law.

2. After executing a request for mutual legal assistance in criminal matters, a request-executing authority specified in Point b, c, d, dd or e, Clause 1 of this Article shall send results of the execution of the request to the Supreme People’s Procuracy. Within 5 working days after receiving the results, the Supreme People’s Procuracy shall send them to the competent authority of the foreign country in accordance with the treaty to which Vietnam and the foreign country are contracting parties, or through diplomatic channel.

3. If it is impossible to execute a request for mutual legal assistance in criminal matters, or if additional information or documents are required, a request-executing authority shall notify such in writing to the Supreme People’s Procuracy, clearly stating the reason, for the latter to inform thereof to the competent authority of the foreign country.

4. The Procurator General of the Supreme People’s Procuracy shall assume the prime responsibility for, and coordinate with the Chief Justice of the Supreme People’s Court, the Minister of Public Security, the Minister of National Defence, the Minister of Justice and the Minister of Foreign Affairs in, detailing Clause 1 of this Article.

Article 32. Execution of requests for service, delivery or sending of summonses

1. In case of summoning witnesses, expert witnesses or other related individuals who are currently present in Vietnam to the requesting country, the competent authority of the requesting country shall send a written request enclosed with the summons (if any) to the Supreme People’s Procuracy at least 90 days before the date such persons are required to appear in the requesting country. In urgent cases, the Supreme People’s Procuracy may refuse to apply this time limit.

2. The Supreme People’s Procuracy shall forward the request to the request-executing authority when the following conditions are fully satisfied:

a/ The request is related to a criminal matter or case or judgment enforcement in the requesting country;

b/ There are grounds to believe that the summoned person is present in Vietnam.

3. The request-executing authority shall promptly carry out the service, delivery or sending of the summons in accordance with the order and procedures specified by the criminal procedure law or as stated in the request for mutual legal assistance in criminal matters. After serving, delivering or sending the summons, the request-executing authority shall promptly send to the Supreme People’s Procuracy a letter of confirmation of request service, delivery or sending, or clearly state the reason for notification to the requesting country if it is impossible to serve, deliver or send the request.

Article 33. Execution of requests for online taking of statements

1. After receiving a request for online taking of statements, the request-executing authority shall verify information and address of the person subject to online taking of statements; ask him/her whether he/she agrees or disagrees to give statements online; and notify other related issues.

2. The request-executing authority shall notify opinions of the person subject to online taking of statements to the Supreme People’s Procuracy for subsequent notification to the requesting country.

3. If the person subject to online taking of statements agrees to the online taking of statements and the request for mutual legal assistance in criminal matters satisfies Vietnam’s conditions, the Supreme People’s Procuracy shall notify such to the requesting country and ask the latter to provide information on the time and place of taking statements; expenses for the person whose statements are taken; participants in the taking of statements in the requesting country; and other necessary information.

If the person subject to online taking of statements disagrees to the online taking of statements, or agrees to it but on certain conditions, the Supreme People’s Procuracy shall notify such to the requesting country.

4. If the requesting country complies with the provisions of Clause 3 of this Article, the Supreme People’s Procuracy shall notify such to the request-executing authority for organising the execution.

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

Article 34. Execution of requests for confiscation, return and handling of material evidences and assets

1. The competent authorities of Vietnam shall apply procedural measures to ensure the confiscation, return and handling of material evidences and assets related to criminal acts in accordance with the criminal procedure law and other relevant laws.

2. If Vietnam and a foreign country are both contracting parties to a treaty on mutual legal assistance in criminal matters, the return of confiscated assets shall be carried out in accordance with that treaty. If Vietnam and a foreign country are not both contracting parties to a treaty on mutual legal assistance in criminal matters, or the treaty to which the Socialist Republic of Vietnam is a contracting party does not provide this issue, the return of confiscated assets shall be carried out in accordance with the asset-sharing agreement between Vietnam and the foreign country.

3. Expenses arising in the course of execution of a request for mutual legal assistance in criminal matters shall be deducted before proceeding with the asset-sharing agreement between Vietnam and the foreign country.

4. When this Article is applied, the lawful rights and interests of persons with related rights and obligations shall be respected and protected.

5. The Supreme People’s Procuracy shall assume the prime responsibility for, and coordinate with related authorities in, identifying the arising expenses and reaching an asset-sharing agreement between Vietnam and the foreign country.

Article 35. Arrangement of travel of persons in Vietnam to foreign countries to assist in investigation or provide evidence

1. At the request of the competent authority of a foreign country, the Supreme People’s Procuracy may arrange travel of a person not falling into the cases specified in Article 37 of this Law to the foreign country to assist in investigation or provide evidence. When deeming it necessary, the Supreme People’s Procuracy shall notify the competent authority of the foreign country of the necessity to continue applying a measure to restrict personal liberty against such person.

2. After considering the written commitments of the competent authority of the foreign country under Article 11 of this Law, and commitments to ensure safety of life and health, accommodation, travel, and other necessary conditions, the Supreme People’s Procuracy shall coordinate with the request-executing authority in requesting the person specified in Clause 1 of this Article to assist in investigation or provide evidence in the territory of the foreign country; and notify that person of the safeguards, accommodation and travel in the foreign country, allowances or expenses he/she is entitled to, and other relevant information.

3. The Supreme People’s Procuracy shall promptly notify such person’s opinions to the competent authority of the foreign country. If he/she expresses his/her consent, the Supreme People’s Procuracy shall carry out necessary procedures for arranging travel of that person to the foreign country to assist in investigation or provide evidence.

Article 36. Arrangement of travel of competent persons of foreign countries to Vietnam to appear in the course of execution of requests for mutual legal assistance in criminal matters

If the competent authority of a foreign country proposes Vietnam to permit the competent person specified in the request for mutual legal assistance in criminal matters to appear in the course of execution of the request in Vietnam, the Supreme People’s Procuracy shall consult the request-executing authority; if agreeing to the proposal, the Supreme People’s Procuracy shall notify the competent authority of the foreign country of the time and place of executing the request for mutual legal assistance in criminal matters; if disagreeing to the proposal or if a circumstance arises that may lead to the postponement of execution of the request, the Supreme People’s Procuracy shall notify such to the competent authority of the foreign country, clearly stating the reason.

Article 37. Temporary transfer of persons who are currently detained or serving sentences in Vietnam to foreign countries to assist in investigation or provide evidence

1. A person who is currently detained or serving a sentence in Vietnam may be temporarily transferred to the competent authority of a foreign country to assist in investigation or provide evidence in the foreign country. In this case, the Supreme People’s Procuracy shall notify such to the competent authority of the foreign country for continued detention of the temporarily transferred person.

2. The competent authority of Vietnam shall temporarily transfer a person who is currently detained or serving a sentence as specified in Clause 1 of this Article only when the following conditions are fully satisfied:

a/ That person agrees to the temporary transfer to assist in investigation or provide evidence in the foreign country;

b/ The competent authority of the foreign country makes a written commitment on safeguards as specified in Article 11 of this Law, ensuring safety of life and health, accommodation, travel, time limit and method of receipt and return, and other conditions related to the temporary transfer. The return of the temporarily transferred person to the competent authority of Vietnam shall be carried out within the committed time limit.

3. The period of the temporarily transferred person being under escort and staying in the foreign country shall be counted into his/her detention period or sentence serving term.

4. When the detention period or sentence serving term of a temporarily transferred person expires, or when it is deemed no longer necessary to continue detaining him/her, the Supreme People’s Procuracy shall notify such to the competent authority of the foreign country for releasing him/her and ensuring satisfaction of the conditions specified in Clause 2, Article 35 of this Law for him/her.

If deeming it necessary, the Supreme People’s Procuracy shall notify the competent authority of the foreign country of the necessity to apply another measure to restrict personal liberty against the detainee who has been released under this Clause.

5. When implementing the provisions of Clause 1 of this Article, the order, procedures and competence for deciding on and carrying out the temporary transfer are similar to those for temporary transfer and escort of persons who are currently detained or serving sentences in accordance with the criminal procedure law, the laws on execution of temporary custody and detention, criminal judgment enforcement, and other relevant laws.

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

Article 38. Processing of requests of foreign countries for penal liability examination

1. Upon receiving a foreign country’s dossier of request for further penal liability examination against a Vietnamese citizen who has committed an offence in the foreign country and is currently present in Vietnam, the Supreme People’s Procuracy shall check the validity of the dossier and process it as follows:

a/ Forwarding the dossier to the investigating authority of the Ministry of Public Security or the investigating authority of the Ministry of National Defence for conducting investigation according to its competence;

b/ Forwarding the dossier to the provincial-level People’s Procuracy of the locality where the person in question last resided before traveling to the foreign country or to the competent military-zone Military Procuracy for further penal liability examination or for forwarding to the same-level investigating authority for conducting investigation according to its competence.

2. The investigation, prosecution and trial of the case specified in Clause 1 of this Article shall be carried out in accordance with Vietnam’s law.

3. In the course of processing a foreign country’s request for further penal liability examination, if additional information or documents from the foreign country are required, the request-executing authority shall send a written request to the Supreme People’s Procuracy for asking the competent authority of the foreign country to provide additional information or documents.

Article 39. Termination of the execution of requests for mutual legal assistance in criminal matters

1. The execution of a request for mutual legal assistance in criminal matters shall be terminated in the following cases:

a/ The Supreme People’s Procuracy notifies the requesting country of execution results;

b/ The Supreme People’s Procuracy notifies the requesting country of impossibility of the execution of the request for mutual legal assistance in criminal matters;

c/ The requesting country notifies the termination of the request for mutual legal assistance in criminal matters.

2. In the case specified in Point c, Clause 1 of this Article, the Supreme People’s Procuracy shall notify the request-executing authority thereof for termination of the execution of the request for mutual legal assistance in criminal matters.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 40. Amendments and supplementations to a number of articles of the relevant laws

1. To amend and supplement a number of articles of Criminal Procedure Code No. 101/2015/QH13, which has a number of articles amended and supplemented under Law No. 02/2021/QH15, Law No. 34/2024/QH15, Law No. 59/2024/QH15 and Law No. 99/2025/QH15, as follows:

a/ To amend and supplement Point a, Clause 1, Article 148 as follows:

“a/ An expert examination has been solicited or an asset valuation requested but no results are obtained; mutual legal assistance of a foreign country has been requested but has not yet been terminated in accordance with the Law on Mutual Legal Assistance in Criminal Matters;”;

b/ To amend and supplement Clause 3, Article 148 as follows:

“3. In case of suspending the settlement of an offence denunciation or report or a criminal case initiation proposal, the expert examination or asset valuation shall continue until its results are obtained; and the mutual legal assistance shall continue until terminated in accordance with the Law on Mutual Legal Assistance in Criminal Matters.”;

c/ To amend and supplement Point c, Clause 1, Article 229 as follows:

“c/ When an expert examination has been solicited or an asset valuation requested but no results are obtained, or mutual legal assistance of a foreign country has been requested but has not yet been terminated in accordance with the Law on Mutual Legal Assistance in Criminal Matters, while the investigation period has expired; in this case, the expert examination or asset valuation shall continue until its results are obtained; and the mutual legal assistance shall continue until terminated in accordance with the Law on Mutual Legal Assistance in Criminal Matters;”;

d/ To amend and supplement Point c, Clause 1, Article 247 as follows:

“c/ When an expert examination has been solicited or an asset valuation requested but no results are obtained, or mutual legal assistance of a foreign country has been requested but has not yet been terminated in accordance with the Law on Mutual Legal Assistance in Criminal Matters, while the time limit for deciding on prosecution has expired; in this case, the expert examination or asset valuation shall continue until its results are obtained; and the mutual legal assistance shall continue until terminated in accordance with the Law on Mutual Legal Assistance in Criminal Matters;”;

dd/ To amend and supplement Clause 1, Article 443 as follows:

“1. The investigating authority or the authority assigned to carry out a number of investigative activities shall issue a decision to suspend the investigation if an expert examination has been solicited or an asset valuation requested but no results are obtained, or mutual legal assistance of a foreign country has been requested but has not yet been terminated in accordance with the Law on Mutual Legal Assistance in Criminal Matters, while the investigation period has expired. In this case, the expert examination or asset valuation shall continue until its results are obtained; and the mutual legal assistance shall continue until terminated in accordance with the Law on Mutual Legal Assistance in Criminal Matters.”;

e/ To replace the phrase “Law on Mutual Legal Assistance” in Point c, Clause 3, Article 185 with the phrase “Law on Mutual Legal Assistance in Criminal Matters”;

g/ To add the phrase “a person who is currently detained,” in Article 496 after the phrase “expert witness,”.

2. To replace the phrase “Law on Mutual Legal Assistance” in Clause 4, Article 32 of Law No. 63/2014/QH13 on Organization of People’s Procuracies, which has a number of articles amended and supplemented under Law No. 82/2025/QH15, with the phrase “Law on Mutual Legal Assistance in Criminal Matters”.

3. To amend and supplement Clause 2, Article 28 of Law No. 47/2014/QH13 on Foreigners’ Entry into, Exit from, Transit through, and Residence in, Vietnam, which has a number of articles amended and supplemented under Law No. 51/2019/QH14 and Law No. 23/2023/QH15, as follows:

“2. The cases specified in Clause 1 of this Article are not applicable to the persons specified in Clause 1, Article 35 and Clause 1, Article 37 of the Law on Mutual Legal Assistance in Criminal Matters.”

Article 41. 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 of Clause 1, Article 42 of this Law, Article 45 of the Law on Extradition, Article 48 of the Law on Transfer of Sentenced Persons, and Clause 1, Article 38 of the Law on Mutual Legal Assistance in Civil Matters.

Article 42. Transitional provisions

1. Requests for mutual legal assistance in criminal matters that are prepared or received by the Supreme People’s Procuracy before the effective date of this Law shall continue to be considered and settled in accordance with Law No. 08/2007/QH12 on Mutual Legal Assistance, which has a number of articles amended and supplemented under Law No. 81/2025/QH15.

2. The term “judicial mandate” in criminal matters, as provided in Clause 1, Article 6 of Law No. 08/2007/QH12 on Mutual Legal Assistance, which has a number of articles amended and supplemented under Law No. 81/2025/QH15, and used in the current legal documents, shall be considered equivalent to the term “request for mutual legal assistance in criminal matters” referred to in this Law.

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