Law on Transfer of Sentenced Persons 2025, No. 101/2025/QH15

LAW

On Transfer of Sentenced Persons^[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 Transfer of Sentenced Persons.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides the principles, competence, conditions, order and procedures for transfer of sentenced persons between Vietnam and foreign countries; and the responsibilities of Vietnamese state agencies in transfer of sentenced persons.

Article 2. Subjects of application

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

Article 3. Interpretation of terms

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

1. Transfer of a sentenced person means the transfer between Vietnam and a foreign country of a sentenced person who wishes to be transferred to the country that agrees to receive him/her for serving the remainder of his/her sentence in accordance with a domestic law or treaty, or on the basis of the principle of reciprocity.

2. Sentenced person means a person who has been sentenced to termed imprisonment or life imprisonment and is currently serving his/her sentence in a prison.

3. Transferring State means a state that may transfer or has transferred sentenced persons in its territory to the receiving State.

4. Receiving State means a state that may receive or has received a sentenced person for him/her to serve the remainder of his/her sentence.

5. Conversion of sentence means the decision by a competent People’s Court of Vietnam to convert the sentence imposed under a competent foreign court’s judgment or decision pronounced for a sentenced person who is received back to Vietnam so as to conform with the Penal Code and relevant regulations of Vietnam.

Article 4. Application of law and principles for transfer of sentenced persons

1. The transfer of sentenced persons must comply with this Law; in case this Law does not provide this issue, the criminal procedure law, the law on enforcement of criminal judgments, and other relevant laws of Vietnam shall apply.

2. The transfer of sentenced persons must adhere to the following principles:

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

b/ In case Vietnam and a foreign country are not both contracting parties to a treaty on transfer of sentenced persons, the transfer of sentenced persons must adhere to the principle of reciprocity but must not contravene Vietnam’s law and must comply with international law and international practices;

c/ Respect for and protection of the lawful rights and interests of sentenced persons.

Article 5. Central authority of the Socialist Republic of Vietnam for transfer of sentenced persons

1. The Ministry of Public Security shall act as the central authority of the Socialist Republic of Vietnam for transfer of sentenced persons.

2. The central authority of the Socialist Republic of Vietnam for transfer of sentenced persons shall act as the focal point for exchange of information and documents relating to transfer of sentenced persons; prepare, send and receive requests for transfer of sentenced persons; assume the prime responsibility for, and coordinate with related ministries, sectors and local authorities in, considering and executing requests for transfer of sentenced persons; monitor and urge transfer of sentenced persons; and perform/exercise other tasks/powers in accordance with the law on transfer of sentenced persons and treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 6. Application of the principle of reciprocity in transfer of sentenced persons

1. The principle of reciprocity in transfer of sentenced persons may be applied when the following conditions are fully satisfied:

a/ Ensuring adherence to the principles specified in Clause 2, Article 4 of this Law;

b/ The foreign authority provides a written commitment to execute Vietnam’s requests in similar cases. In case Vietnam is the requesting State, the Ministry of Public Security shall make a written commitment on the application of the principle of reciprocity;

c/ Ensuring conformity with practical conditions and the need for cooperation between Vietnam and foreign countries in transfer of sentenced persons.

2. The Ministry of Public Security shall, pursuant to Clause 1 of this Article, decide on the application of the principle of reciprocity in transfer of sentenced persons. When necessary, the Ministry of Public Security shall consult the Ministry of Foreign Affairs and related agencies before making a decision.

3. The Government shall detail this Article.

Article 7. Time of withdrawal of applications for transfer

1. A sentenced person or his/her lawful representative may only withdraw the application for transfer only before the effective date of the decision on receipt of the sentenced person or the decision on transfer of the sentenced person issued by a competent People’s Court of Vietnam.

2. The Government shall detail this Article.

Article 8. Language in transfer of sentenced persons

1. In case Vietnam and a foreign country are both contracting parties to a treaty on transfer of sentenced persons, language in transfer of sentenced persons is that stated in such treaty.

2. In case Vietnam and a foreign country are not both contracting parties to a treaty on transfer of sentenced persons, the dossier and documents of request for transfer of a sentenced person shall be accompanied by their translations into the language of the receiving State or another language accepted by the receiving State.

3. The authority preparing the dossier of request for transfer of a sentenced person shall have the dossier’s documents translated into the language specified in Clause 1 or 2 of this Article.

4. The Government shall detail this Article.

Article 9. Exemption from consular legalisation

Dossiers of request for transfer of sentenced persons shall be exempt from consular legalisation if they are signed and sealed by competent persons or authorities of foreign countries, unless otherwise provided by a treaty to which the Socialist Republic of Vietnam is a contracting party.

Article 10. Costs of transfer of sentenced persons

1. In case Vietnam is the transferring State, it shall pay the costs arising in transfer of sentenced persons by the time of handover of the sentenced persons, unless otherwise agreed.

2. In case Vietnam is the receiving State, it shall pay the costs arising in transfer of sentenced persons from the time of receipt of the sentenced persons, unless otherwise agreed.

3. The Government shall detail this Article.

Article 11. Funding for transfer of sentenced persons

1. Funding for transfer of sentenced persons shall be covered by the state budget in accordance with the law on the state budget and other relevant laws.

Sentenced persons, their lawful representatives, and other agencies, organisations or individuals may make voluntary contributions or pay the whole or part of the living costs, travel expenses and other expenses of sentenced persons transferred in accordance with law.

2. The Government shall detail this Article.

Article 12. Transit of sentenced persons

1. The transit of sentenced persons through the territory of Vietnam shall be notified in writing in advance to the Ministry of Public Security for handling. Permission for or refusal of the transit of sentenced persons must comply with law.

2. If the transit of a sentenced person through the territory of Vietnam is permitted, the requesting State shall manage such person during the transit through the territory of Vietnam and bear all transit-related costs in accordance with Vietnam’s law, unless otherwise agreed.

3. In case a sentenced person is transported by air, involving an emergency landing in the territory of Vietnam, the sentenced person may be subject to management in accordance with Vietnam’s law. The management of sentenced persons and related costs must comply with Clause 2 of this Article.

4. In case Vietnam requests a foreign country to permit the transit of a sentenced person, the Ministry of Public Security shall contact the foreign country for carrying out the procedures for obtaining permission for the transit.

5. The Government shall detail this Article.

Article 13. Responsibilities of state agencies in transfer of sentenced persons

1. The Government shall:

a/ Perform the unified state management of transfer of sentenced persons;

b/ Include the content on transfer of sentenced persons in its annual reports on judgment enforcement for submission to the National Assembly.

2. The Ministry of Public Security shall be held responsible before the Government for performing the state management of transfer of sentenced persons.

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 transfer of sentenced persons.

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 transfer of sentenced persons.

People’s Courts at all levels and People’s Procuracies at all levels shall perform the tasks relating to transfer of sentenced persons 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 the tasks relating to transfer of sentenced persons in accordance with this Law and other relevant laws; and coordinate with the Ministry of Public Security in performing the state management of transfer of sentenced persons.

Chapter II

RECEIPT OF SENTENCED PERSONS IN FOREIGN COUNTRIES TO VIETNAM

Article 14. Competence to decide on the receipt of sentenced persons in foreign countries to Vietnam

The regional People’s Court of the locality as the last place of permanent residence in Vietnam of the sentenced person proposed for transfer has the competence to decide on the receipt of such person to Vietnam. In case it is impossible to identify the last place of permanent residence in Vietnam of the sentenced person proposed for transfer or in case he/she did not permanently reside in Vietnam, the People’s Court of Region 1 - Hanoi has the competence to decide on the receipt of the sentenced person in the foreign country to Vietnam.

Article 15. Conditions for receipt of sentenced persons in foreign countries to Vietnam

1. A sentenced person in a foreign country may be received to Vietnam to serve the remainder of his/her sentence if the following conditions are fully satisfied:

a/ He/she is a Vietnamese citizen;

b/ The offence for which he/she was sentenced in the transferring State also constitutes a crime under Vietnam’s penal law at the time the transfer request is made;

c/ The remainder of his/her sentence is at least 1 year by the time of receipt of the transfer request; in special cases, this period may be shorter;

d/ The judgment or decision against him/her has taken legal effect, without any pending legal proceedings;

dd/ Vietnam gives consent to the transfer, in case the transfer request is made by the competent authority of the transferring State, or the transferring State gives consent to the transfer, in case the transfer request is made by the Ministry of Public Security;

e/ He/she gives consent to the transfer; in case he/she is a minor or is unable to express consent to the transfer for the reason related to age, health condition or mental state, consent of his/her lawful representative is required.

2. The Government shall provide in detail the special cases specified in Point c, Clause 1 of this Article.

Article 16. Cases of refusal to receive sentenced persons in foreign countries to Vietnam

1. The competent People’s Court shall decide to refuse to receive a sentenced person in a foreign country to Vietnam in one of the following cases:

a/ The principles specified in Clause 2, Article 4 of this Law are not adhered to;

b/ Any of the conditions specified in Clause 1, Article 15 of this Law is not satisfied;

c/ The receipt of the sentenced person is detrimental to sovereignty, national defence, national security, social order and safety, public health, the interests of the State, or the lawful rights and interests of agencies, organisations or individuals in Vietnam;

d/ The receipt of the sentenced person exceeds the capacity to meet the necessary requirements for the continued enforcement of the sentence in Vietnam.

2. The Government shall detail Point d, Clause 1 of this Article.

Article 17. Dossiers of request for transfer of sentenced persons in foreign countries to Vietnam

1. A dossier of request for transfer of a sentenced person in a foreign country to Vietnam must comprise:

a/ A request for the transfer, made by the Ministry of Public Security or the competent authority of the transferring State as specified in Clause 1, Article 18 of this Law;

b/ Accompanying documents as specified in Clause 2, Article 18 of this Law.

2. A dossier of request for transfer of a sentenced person in a foreign country to Vietnam shall be prepared in 3 sets, unless otherwise agreed. Language used for dossier preparation must comply with Article 8 of this Law.

Article 18. Requests for transfer of sentenced persons in foreign countries to Vietnam and accompanying documents

1. A request for transfer of a sentenced person in a foreign country to Vietnam must have the following contents:

a/ Date and place of preparing the request;

b/ Grounds for requesting the transfer;

c/ Names and addresses of the competent authorities of Vietnam and of the transferring State;

d/ Information for identifying the personal background, nationality, last place of permanent residence in Vietnam (if any), place of sentence serving in the transferring State, and legal grounds showing that the sentenced person fully satisfies the conditions for the transfer;

dd/ Other necessary information (if any).

2. A request for transfer of a sentenced person shall be accompanied by:

a/ An application for the transfer, or a document showing the wish for the transfer or showing the consent to the transfer, made by the sentenced person or his/her lawful representative;

b/ A document proving the Vietnamese nationality of the sentenced person in accordance with Vietnam’s law;

c/ A copy of the judgment or decision of the court of the transferring State for the sentenced person;

d/ Documents on the enforcement of an additional penalty (if any);

dd/ Provisions of the law of the transferring State that are applied to determine the constituents of the crime and the charges, and the judgment’s provisions on penalty and the statute of limitations for enforcing the penalty for the crime;

e/ A document showing the consent of the competent authority of the transferring State, in case the transfer request is made by the Ministry of Public Security, or a document showing the consent to consider the Ministry of Public Security’s transfer request, in case the transfer request is made by the competent authority of the transferring State;

g/ Documents describing personal identification features, fingerprints and facial photo of the sentenced person;

h/ Documents certifying the period the sentenced person has served, general amnesty, special amnesty, sentence exemption or reduction in the transferring State, and the remainder of the sentence;

i/ Documents on the health condition, mental state and medical records of the sentenced person, and recommendations (if any);

k/ A treaty on transfer of sentenced persons between Vietnam and the transferring State (if any);

l/ Other necessary documents (if any).

3. The Government shall detail Clause 2 of this Article.

Article 19. Receipt of applications for transfer from sentenced persons in foreign countries

1. A Vietnamese citizen serving a sentence in a foreign country or his/her lawful representative may file an application for transfer to Vietnam to serve the remainder of his/her sentence to:

a/ The competent authority of the transferring State;

b/ The Vietnamese representative mission in the transferring State; or,

c/ The Ministry of Public Security.

2. Within 10 days after receiving the application for the transfer, the Vietnamese representative mission in the transferring State shall forward the application to the Ministry of Public Security. This time limit is 5 days for special cases specified in Point c, Clause 1, Article 15 of this Law. Based on the application, the Ministry of Public Security shall consider preparing a transfer request under Article 20 of this Law.

The application for the transfer may be forwarded from the Vietnamese representative mission in the transferring State to the Ministry of Public Security in an electronic environment in accordance with law.

3. The Government shall detail this Article.

Article 20. Preparation of requests for transfer of sentenced persons in foreign countries to Vietnam

1. Request for transfer of sentenced persons in foreign countries to Vietnam shall be prepared by the Ministry of Public Security or the competent authority of the transferring State.

2. Within 20 days after receiving an application for the transfer and relevant information and documents provided by the competent authority of the transferring State, the Ministry of Public Security shall consider and decide to prepare a request for transfer of a sentenced person in the foreign country to Vietnam and send it directly or through diplomatic channel to the competent authority of the transferring State.

In case the Ministry of Foreign Affairs or the Vietnamese representative mission in the transferring State receives a request from the Ministry of Public Security for transfer of the sentenced person in the foreign country to Vietnam, it shall immediately forward the request to the competent authority of the transferring State and notify such in writing to the Ministry of Public Security.

3. In case the competent authority of the transferring State prepares a request for transfer of a sentenced person in the foreign country to Vietnam, it shall send the request directly or through diplomatic channel to the Ministry of Public Security. In case the Ministry of Foreign Affairs or the Vietnamese representative mission in the transferring State receives a request from the competent authority of the transferring State for transfer of a sentenced person in the foreign country to Vietnam, it shall immediately forward the request to the Ministry of Public Security for processing in accordance with this Law.

4. The Government shall detail this Article.

Article 21. Receipt, examination and forwarding of dossiers of request for transfer of sentenced persons in foreign countries to Vietnam

1. Within 20 days after receiving a request for transfer of a sentenced person and accompanying documents or after receiving the documents specified in Clause 2, Article 18 of this Law from the competent authority of the transferring State, the Ministry of Public Security shall examine the dossier in accordance with Articles 17 and 18 of this Law. This time limit is 7 days for special cases specified in Point c, Clause 1, Article 15 of this Law.

The Ministry of Public Security may request the competent authority of the transferring State to supplement information and documents. After 60 days from the date of sending the request for the supplementation, if the Ministry of Public Security receives no supplemented information and documents, it shall return the dossier to the competent authority of the transferring State, clearly stating the reason. This time limit is 20 days for special cases specified in Point c, Clause 1, Article 15 of this Law.

2. In case the dossier of request for transfer complies with Articles 17 and 18 of this Law, the Ministry of Public Security shall immediately forward one set of the dossier to the competent regional People’s Court for consideration and decision, and concurrently send one certified copy of the dossier to the competent regional People’s Procuracy.

The forwarding of documents and dossiers may be conducted electronically in accordance with law.

3. The Government shall detail this Article.

Article 22. Acceptance for processing of dossiers of request for transfer of sentenced persons in foreign countries to Vietnam

1. Within 10 days after receiving a complete dossier of request for transfer of a sentenced person in a foreign country to Vietnam, the competent regional People’s Court shall accept the dossier for processing and notify it in writing to the Ministry of Public Security and the same-level People’s Procuracy. This time limit is 5 days for special cases specified in Point c, Clause 1, Article 15 of this Law.

Within the time limit for preparation for consideration of the request for transfer of the sentenced person, if finding that the dossier is incomplete or unclear or contains inconsistencies, the competent regional People’s Court shall ask the Ministry of Public Security to request the competent authority of the transferring State to supplement information and documents. The time limit for the supplementation is 20 days from the date the Ministry of Public Security makes the request.

2. Within 30 days after accepting the dossier for processing, the competent regional People’s Court shall, on a case-by-case basis, issue:

a/ A decision to consider the request for transfer of the sentenced person when the conditions specified in this Law are fully satisfied. This decision shall be sent to the sentenced person and his/her lawyer or lawful representative (if any); or,

b/ A decision to terminate the consideration of the request for transfer of the sentenced person in accordance with Clause 3 of this Article and return the dossier to the Ministry of Public Security.

In special cases specified in Point c, Clause 1, Article 15 of this Law, the time limit for issuing one of the decisions mentioned in this Clause is 10 days.

The decisions mentioned in this Clause shall be immediately forwarded to the Ministry of Public Security and the same-level People’s Procuracy.

3. The regional People’s Court shall decide to terminate the consideration of a request for transfer of a sentenced person in one of the following cases:

a/ The case falls beyond its jurisdiction;

b/ The competent authority of the transferring State withdraws the transfer request;

c/ The sentenced person or his/her lawful representative withdraws the application for the transfer;

d/ The competent authority of the transferring State fails to supplement information and documents within the time limit specified in Clause 1 of this Article;

dd/ Other reasons making it impossible to proceed with considering the transfer request.

4. Within 30 days after issuing the decision to consider the request for transfer of the sentenced person, the competent regional People’s Court shall open a first-instance hearing to consider the transfer request. This time limit is 10 days for special cases specified in Point c, Clause 1, Article 15 of this Law.

Article 23. First-instance hearings for considering requests for transfer of sentenced persons in foreign countries to Vietnam

1. A first-instance hearing for considering a request for transfer of a sentenced person in a foreign country to Vietnam shall be held by one judge, with the participation of one procurator of the same-level People’s Procuracy, and shall proceed as follows:

a/ The judge presents contents of the dossier of request for transfer and gives opinions on the legal grounds for the transfer;

b/ The procurator presents opinions of the People’s Procuracy on the transfer;

c/ The lawyer or lawful representative of the sentenced person presents his/her opinions (if any).

2. Based on results of the first-instance hearing, the judge shall issue:

a/ A decision to receive the sentenced person, clearly stating the crime and the remainder of the sentence to be served in Vietnam. In this case, the judge shall consider and decide on the conversion of the sentence (if any); the conversion must comply with Article 25 of this Law; or,

b/ A decision to refuse to receive the sentenced person, clearly stating the reason.

3. Within 10 days after issuing the decision to receive the sentenced person or the decision to refuse to receive the sentenced person, 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 sentenced person and his/her lawyer or lawful representative (if any). This time limit is 5 days for special cases specified in Point c, Clause 1, Article 15 of this Law.

Article 24. Appellate hearings to review decisions on receipt of sentenced persons or decisions on refusal to receive sentenced persons

1. The sentenced person proposed for the transfer or his/her lawful representative may file an appeal within 15 days after receiving the competent regional People’s Court-issued decision on receipt of the sentenced person or decision on refusal to receive the sentenced person. 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, from the date of issuance of such decision. In special cases specified in Point c, Clause 1, Article 15 of this Law, the time limit for filing an appeal and the time limit for the same-level People’s Procuracy to file a protest is 7 days, and that for the provincial-level People’s Procuracy to file a protest is 15 days.

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

The People’s Procuracy shall send the protest decision within 2 days after it is issued to the First-Instance Court and the sentenced person or his/her lawful representative.

The competent regional People’s Court shall forward the dossier and the appeal/protest to the competent provincial-level People’s Court within 7 days from the date of expiration of the time limit for filing an appeal/protest.

2. Within 20 days after receiving the dossier and the appeal/protest, the provincial-level People’s Court shall hold an appellate hearing to review the decision on receipt of the sentenced person or the decision on refusal to receive the sentenced person that is issued by the First-Instance Court and is appealed or protested against. This time limit is 7 days for special cases specified in Point c, Clause 1, Article 15 of this Law.

3. The appellate hearing shall be held by one judge, with the participation of one procurator of the same-level People’s Procuracy, and shall proceed as follows:

a/ The judge presents a summary of the dossier of request for transfer of the sentenced person in the foreign country to Vietnam; the decision on receipt of the sentenced person or the decision on refusal to receive the sentenced person, and contents of the appeal/protest;

b/ The judge asks the sentenced person’s lawful representative whether he/she wishes to modify/supplement or withdraw the appeal/protest; if the latter so wishes, the judge requests the procurator to present opinions on the modification/supplementation or withdrawal.

The judge asks the procurator whether he/she wishes to modify/supplement or withdraw the protest; if the latter so wishes, the judge requests the lawyer or lawful representative of the sentenced person to present opinions on the modification/supplementation or withdrawal

c/ The procurator and the lawyer or the lawful representative of the sentenced person present their opinions on contents of the appeal/protest; the procurator presents views of the People’s Procuracy on the settlement of the appeal/protest.

4. Based on results of the appellate hearing, the judge shall issue a decision to:

a/ Reject the appeal/protest and uphold the first-instance decision;

b/ Modify the first-instance decision;

c/ Quash the first-instance decision and forward the dossier to the competent regional People’s Court for reconsideration;

d/ Quash the first-instance decision and terminate considering the transfer request under Clause 3, Article 22 of this Law; or,

dd/ Terminate considering the appellate hearing.

5. Legal effect of decisions on receipt of sentenced persons or decisions on refusal to receive sentenced persons:

a/ Decisions issued by First-Instance Courts that are not appealed or protested against take effect on the date of expiration of the time limit for filing an appeal/protest;

b/ Decisions issued by Appellate Courts take effect on the date of issuance and are final.

A decision issued by the Appellate Court shall be sent immediately to the First-Instance Court, the First-Instance Procuracy, the same-level People’s Procuracy, the sentenced person and his/her lawyer or lawful representative (if any).

Article 25. Conversion of sentences

1. In case the sentence under the judgment or decision pronounced by the court of the transferring State for the sentenced person does not comply with the Penal Code and other laws of Vietnam, it shall be converted accordingly.

2. The conversion of sentences shall be based on circumstances stated in the judgment or decision pronounced by the court of the transferring State.

3. The converted sentence must not be more severe than the sentence pronounced by the court of the transferring State in terms of nature and duration. The period for which the sentenced person has served his/her sentence in the transferring State shall be cleared against the period of the sentence to be served in Vietnam.

4. The sentenced person who is received back to Vietnam may not be convicted again for the same offence pronounced under the judgment or decision of the court of the transferring State.

5. 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 26. Enforcement of decisions on the receipt of sentenced persons

1. Within 10 days from the effective date of the People’s Court-issued decision on the receipt of a sentenced person, the Chief Justice of the regional People’s Court that has issued the first-instance decision shall issue a decision on the enforcement of the receipt decision. This time limit is 5 days for special cases specified in Point c, Clause 1, Article 15 of this Law. The decision on enforcement of the receipt decision takes effect on the date of its issuance.

2. The decision on enforcement of the receipt decision shall be sent to the same-level People’s Procuracy, the Ministry of Public Security, the competent authority of the transferring State, and the sentenced person or his/her lawful representative.

3. The Ministry of Public Security shall send a notice to the competent authority of the transferring State and organise the receipt of the sentenced person. The receipt of the sentenced person shall be carried out within 45 days from the effective date of the decision on enforcement of the receipt decision, unless otherwise agreed. This time limit is 15 days for special cases specified in Point c, Clause 1, Article 15 of this Law.

4. The Government shall detail Clause 3 of this Article.

Article 27. Quashing of decisions on receipt of sentenced persons or decisions on enforcement of decisions on receipt of sentenced persons

1. A decision on the receipt of a sentenced person that has not yet taken legal effect shall be quashed in the following cases:

a/ The sentenced person or his/her lawful representative withdraws the application for the transfer or expresses in writing the wish not to be transferred;

b/ The transferring State withdraws the transfer request;

c/ The sentenced person dies or absconds from the transferring State;

d/ Other cases in which the receipt of the sentenced person is impossible.

2. A decision on the receipt of a sentenced person that has taken legal effect shall be quashed in the following cases:

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

b/ The decision on enforcement of the decision on the receipt of the sentenced person is quashed.

3. A decision on enforcement of the decision on the receipt of a sentenced person shall be quashed in the following cases:

a/ The case specified in Point a, Clause 2 of this Article;

b/ The person handed over by the competent authority of the transferring State is not the person stated in the receipt decision;

c/ The competent authority of the transferring State fails to hand over the transferred person at the agreed time and place without giving a plausible reason, or the receipt is carried out beyond the time limit specified in Clause 3, Article 26 of this Law.

4. Within 5 working days after receiving the notice from the Ministry of Public Security, the Chief Justice of the competent People’s Court shall quash the decision on the receipt of the sentenced person as specified in Clause 1 or 2 of this Article; or quash the decision on enforcement of the decision on the receipt of the sentenced person as specified in Clause 3 of this Article. Such decisions take effect on the date of issuance and shall be immediately sent to the same-level People’s Procuracy, the Ministry of Public Security, the competent authority of the transferring State, and the sentenced person or his/her lawful representative.

5. The consideration of a request for transfer of a sentenced person in the cases specified in Points a and b, Clause 1, and Point c, Clause 3, of this Article shall only be conducted after at least 3 years from the effective date of the decision quashing the decision on the receipt of the sentenced person or of the decision on enforcement of decision on the receipt of the sentenced person.

Article 28. Receipt of transferred persons

1. The Ministry of Public Security shall organise the receipt of transferred persons at the time and place agreed in writing with the competent authority of the transferring State.

2. The Government shall detail this Article.

Article 29. Serving of the remainder of sentences in Vietnam

1. The serving of the remainder of sentences in Vietnam by transferred persons must comply with Vietnam’s law.

2. Upon receiving a notice of the decision on special amnesty, general amnesty, penalty exemption or reduction, or conditional early release, or other judicial decisions issued by the transferring State for the sentenced person who is received back to Vietnam, the Ministry of Public Security shall immediately forward such notice to the competent authority for consideration and decision in accordance with relevant laws.

3. The Government shall detail this Article.

Article 30. Notification of the status of judgment enforcement by sentenced persons who are received back to Vietnam

The Ministry of Public Security shall promptly notify in writing the competent authority of the transferring State of the status of judgment enforcement by the sentenced person who is received back to Vietnam in one of the following cases:

1. The sentenced person is entitled to suspension of sentence enforcement, exemption from sentence enforcement or reduction of the sentence serving duration, general amnesty, special amnesty, or conditional early release, or is subject to penal liability examination for another crime;

2. The sentenced person has completely served the sentence;

3. The sentenced person absconds from the prison;

4. The sentenced person dies before completely serving the sentence;

5. The competent authority of the transferring State requests the provision of information on the status of sentence serving by the transferred person.

Chapter III

TRANSFER OF SENTENCED PERSONS IN VIETNAM TO FOREIGN COUNTRIES

Article 31. Competence to decide on transfer of sentenced persons in Vietnam to foreign countries

The regional People’s Court of the locality where a foreign national is serving his/her sentence in Vietnam has the competence to decide on transfer of such sentenced person to the concerned foreign country.

Article 32. Conditions for transfer of sentenced persons in Vietnam to foreign countries

1. A person serving his/her sentence in Vietnam may be transferred to the concerned foreign country for him/her to serve the remainder of the sentence when the following conditions are fully satisfied:

a/ He/she is a citizen of the receiving State or a person permitted to reside for an indefinite period in the receiving State or accepted by the receiving State;

b/ The criminal offence for which he/she was convicted in Vietnam also constitutes a crime under the law of the receiving State at the time the transfer request is made;

c/ At the time of receipt of the transfer request, the remainder of the sentence must be at least one year, or may be shorter for special cases;

d/ He/she fully satisfies the conditions specified in Points d and e, Clause 1, Article 15 of this Law;

dd/ He/she has completely performed civil obligations under the judgment or the additional penalty such as fine or asset confiscation, and other legal obligations in accordance with law; or received support for performance of such legal obligations from the receiving State or other agencies, organisations or individuals; or obtained the receiving State’s commitment to guaranteeing the performance of such legal obligations after he/she is transferred to the receiving State;

e/ There is the consent from Vietnam in case the transfer request is made by the competent authority of the receiving State, or the consent from the receiving State in case the transfer request is made by the Ministry of Public Security.

2. The Government shall provide in detail the special cases specified in Point c, Clause 1 of this Article.

Article 33. Refusal to transfer sentenced persons in Vietnam to foreign countries

The competent People’s Court of Vietnam shall decide to refuse to transfer a sentenced person in Vietnam to the concerned foreign country in one of the following cases:

1. The principles specified in Clause 2, Article 4 of this Law are not adhered to;

2. Any of the conditions specified in Clause 1, Article 32 of this Law is not satisfied;

3. The transfer is likely to harm sovereignty, national defence, national security, social order and safety, public health, the interests of the State, or the lawful rights and interests of agencies, organisations or individuals in Vietnam;

4. There are grounds to believe that the sentenced person is at risk of being subject to torture, retaliation, persecution, ill-treatment, discrimination, or cruel, inhumane or degrading punishment in the receiving State.

Article 34. Dossiers of request for transfer of sentenced persons in Vietnam to foreign countries

1. A dossier of request for transfer of a sentenced person in Vietnam to a foreign country must comprise:

a/ A request for the transfer, made by the Ministry of Public Security or the competent authority of the receiving State as specified in Clause 1, Article 35 of this Law;

b/ Accompanying documents as specified in Clause 2, Article 35 of this Law.

2. The dossier of request for transfer of a sentenced person in Vietnam to a foreign country shall be prepared in 3 sets, unless otherwise agreed. Language used in the dossier must comply with Article 8 of this Law.

Article 35. Requests for transfer of sentenced persons in Vietnam to foreign countries and accompanying documents

1. A request for transfer of a sentenced person in Vietnam to the concerned foreign country must have the following information:

a/ Date and place of making the request;

b/ Grounds for requesting the transfer;

c/ Names and addresses of the competent authorities of Vietnam and of the receiving State;

d/ Information for identifying the personal background, nationality, place of permanent residence in the receiving State (if any), place of sentence serving in Vietnam, and legal grounds showing that the sentenced person is eligible for the transfer;

dd/ Other necessary information (if any).

2. A request for transfer of a sentenced person shall be accompanied by:

a/ An application for the transfer, or a document showing the wish or the consent of the sentenced person or his/her lawful representative for/to the transfer;

b/ A document proving that the sentenced person holds the nationality of the receiving State or is permitted to reside for an indefinite period in the receiving State (if any);

c/ A copy of the judgment or decision of the People’s Court of Vietnam for the sentenced person;

d/ Documents relating to the enforcement of additional penalties (if any);

dd/ Provisions of the law of the receiving State applied to determine the constituents of the crime and the charges, penalties, and the statute of limitations for enforcement of the penalties for the crime under the judgment;

e/ A document expressing the consent of the competent authority of the receiving State in case the transfer request is made by the Ministry of Public Security, or a document expressing the consent to considering the Ministry of Public Security’s transfer request in case the transfer request is made by the competent authority of the receiving State;

g/ The documents specified in Points g, h, i, k and l, Clause 2, Article 18 of this Law.

3. The Government shall detail Clause 2 of this Article.

Article 36. Receipt of applications for the transfer from sentenced persons in Vietnam

1. A sentenced foreign national in Vietnam or his/her lawful representative may submit an application for the transfer to the concerned foreign country to serve the remainder of his/her sentence to:

a/ The Ministry of Public Security;

b/ The competent authority of the receiving State; or,

c/ The Vietnam-based diplomatic mission of the receiving State.

2. After receiving an application for the transfer or a document showing the wish of the sentenced person or his/her lawful representative for the transfer, the Ministry of Public Security shall accept the application and consider preparing a transfer request in accordance with Article 37 of this Law.

3. The Government shall detail this Article.

Article 37. Preparation of requests for transfer of sentenced persons in Vietnam to foreign countries

1. Requests for transfer of sentenced persons in Vietnam to foreign countries shall be prepared by the Ministry of Public Security or by the competent authority of the receiving State.

2. Within 20 days after receiving an application for transfer and information and documents provided by the competent authority of the receiving State, the Ministry of Public Security shall consider and decide to prepare a request for transfer of a sentenced person in Vietnam to the concerned foreign country and send a notice thereof directly or through diplomatic channel to the competent authority of the receiving State.

In case the Ministry of Foreign Affairs or a Vietnamese representative mission in the receiving State receives a request for transfer of a sentenced person in Vietnam to the concerned foreign country from the Ministry of Public Security, it shall immediately forward the request to the competent authority of the receiving State and notify such in writing to the Ministry of Public Security.

3. In case the competent authority of the receiving State prepares a request for transfer of a sentenced person in Vietnam to the concerned foreign country, it shall send the request directly or through diplomatic channel to the Ministry of Public Security. In case the Ministry of Foreign Affairs or a Vietnamese representative mission in the receiving State receives a request for transfer of a sentenced person in Vietnam to the concerned foreign country from the competent authority of the receiving State, it shall immediately forward the request to the Ministry of Public Security for processing in accordance with this Law.

4. In case a foreign national is serving a sentence in a prison under the Ministry of National Defence, he/she shall be transferred to a prison under the Ministry of Public Security before the transfer procedures are carried out.

5. The Government shall detail this Article.

Article 38. Receipt, examination and forwarding of dossiers of request for transfer of sentenced persons in Vietnam to foreign countries

1. Within 20 days after receiving a request for transfer of a sentenced person and accompanying documents from the competent authority of the receiving State, or after receiving the documents specified in Clause 2, Article 35 of this Law from the competent authority of the receiving State, the Ministry of Public Security shall examine the dossier in accordance with Articles 34 and 35 of this Law. This time limit is 7 days for the special case specified in Point c, Clause 1, Article 32 of this Law.

The Ministry of Public Security may request the competent authority of the receiving State to supplement information and documents. After 60 days from the date of sending the request for the supplementation, if receiving no additional information or documents, the Ministry of Public Security shall return the dossier to the competent authority of the receiving State, clearly stating the reason. This time limit is 20 days for the special case specified in Point c, Clause 1, Article 32 of this Law.

2. In case the dossier of request for transfer complies with Articles 34 and 35 of this Law, the Ministry of Public Security shall immediately forward one set of the dossier to the competent regional People’s Court for consideration and decision, and concurrently send one certified copy thereof to the competent regional People’s Procuracy.

The forwarding of documents and dossiers may be conducted electronically in accordance with law.

3. The Government shall detail this Article.

Article 39. Acceptance for processing of dossiers of request for transfer of sentenced persons in Vietnam to foreign countries

1. Within 10 days after receiving a complete dossier of request for transfer of a sentenced person in Vietnam to a foreign country, the competent regional People’s Court shall accept the dossier for processing and notify such in writing to the Ministry of Public Security and the same-level People’s Procuracy. This time limit is 5 days for the special cases specified in Point c, Clause 1, Article 32 of this Law.

Within the time limit for preparation for consideration of the transfer request, if finding that the dossier is incomplete or contains unclear or inconsistent details, the competent regional People’s Court shall ask the Ministry of Public Security to request the competent authority of the receiving State to supplement information and documents. The time limit for information supplementation is 20 days after the Ministry of Public Security issues the request.

2. Within 30 days after accepting the dossier for processing, the competent regional People’s Court shall, on a case-by-case basis, issue:

a/ A decision to consider the request for transfer of the sentenced person when all the conditions specified this Law are satisfied. Such decision shall be sent to the sentenced person and his/her lawyer or lawful representative (if any); or,

b/ A decision to terminate the consideration of the request for transfer of the sentenced person in accordance with Clause 3 of this Article, and return the dossier to the Ministry of Public Security.

For the special cases specified in Point c, Clause 1, Article 32 of this Law, the time limit for issuing one of the decisions referred to in this Clause is 10 days.

Such decisions shall be immediately forwarded to the Ministry of Public Security and the same-level People’s Procuracy.

3. The regional People’s Court shall decide to terminate the consideration of the request for transfer of a sentenced person in one of the following cases:

a/ The request falls beyond its jurisdiction;

b/ The competent authority of the receiving State withdraws the transfer request;

c/ The sentenced person or his/her lawful representative withdraws the application for the transfer;

d/ The competent authority of the receiving State fails to supplement information or documents within the time limit specified in Clause 1 of this Article;

dd/ There are other reasons making it impossible to proceed with considering the transfer request.

4. Within 30 days after issuing the decision to consider the transfer request, the competent regional People’s Court shall open a first-instance hearing to consider the transfer request. This time limit is 10 days for the special cases specified in Point c, Clause 1, Article 32 of this Law.

Article 40. First-instance hearings for consideration of requests for transfer of sentenced persons in Vietnam to foreign countries

1. A first-instance hearing for consideration of a request for transfer of a sentenced person in Vietnam to a foreign country shall be conducted by one judge, with the participation of one procurator from the same-level People’s Procuracy, and shall proceed as follows:

a/ The judge presents contents of the dossier of request for the transfer and gives his/her opinions on legal grounds for the transfer;

b/ The procurator presents the People’s Procuracy’s view on the transfer;

c/ The sentenced person presents his/her opinions (if any);

d/ The sentenced person’s lawyer or lawful representative presents his/her opinions (if any).

2. Based on results of the first-instance hearing, the judge shall issue:

a/ A decision on transfer of the sentenced person; or,

b/ A decision on refusal to transfer the sentenced person, clearly stating the reason.

3. Within 10 days after issuing a decision on transfer of the sentenced person or a decision on refusal to transfer the sentenced person, 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 sentenced person and his/her lawyer or lawful representative (if any). This time limit is 5 days for the special cases specified in Point c, Clause 1, Article 32 of this Law.

Article 41. Appellate hearings for reviewing decisions on transfer of sentenced persons or decisions on refusal to transfer sentenced persons

1. The sentenced person proposed for the transfer or his/her lawful representative has the right to file an appeal within 15 days after receiving the decision on transfer of the sentenced person or the decision on refusal to transfer the sentenced person from the competent regional People’s Court. The same-level People’s Procuracy has the right to file a protest within 15 days, and the provincial-level People’s Procuracy has the right to file a protest within 30 days after the competent regional People’s Court issues the decision on transfer of the sentenced person or the decision on refusal to transfer the sentenced person. For the special cases specified in Point c, Clause 1, Article 32 of this Law, these time limits are 7 days, 7 days, and 15 days, respectively.

The competent regional People’s Court shall notify in writing the filing of the appeal to the same-level People’s Procuracy and persons involved in the appeal within 5 days from the date of expiration of the time limit for filing an appeal.

The People’s Procuracy shall send the protest decision to the First-Instance Court and the sentenced person requested to be transferred or his/her lawful representative within 2 days after issuing such decision.

The competent regional People’s Court shall send the dossier and the appeal/protest to the competent provincial-level People’s Court within 7 days from the date of expiration of the time limit for filing an appeal/protest.

2. Within 20 days after receiving the dossier and the appeal/protest, the provincial-level People’s Court shall hold an appellate hearing to review the First-Instance Court’s decision on transfer of the sentenced person or the decision on refusal to transfer the sentenced person against which the appeal/protest is filed. This time limit is 7 days for the special cases specified in Point c, Clause 1, Article 32 of this Law.

3. The appellate hearing shall be held by one judge, with the participation of one procurator from the same-level People’s Procuracy, and shall proceed as follows:

a/ The judge presents a summary of the dossier of request for transfer of the sentenced person in Vietnam to the concerned foreign country, the decision on transfer of the sentenced person or the decision on refusal to transfer the sentenced person, and the contents of the appeal/protest;

b/ The judge asks the sentenced person or his/her lawful representative whether he/she wishes to modify and supplement or withdraw the appeal; if the latter so wishes, the judge requests the procurator to present his/her opinions on the modification and supplementation or withdrawal of the appeal.

The judge asks the procurator whether he/she wishes to modify and supplement or withdraw the protest; if the latter so wishes, the judge requests the sentenced person and his/her lawyer or lawful representative to present opinions on the modification and supplementation or withdrawal of the protest;

c/ The procurator, the sentenced person and his/her lawyer or lawful representative present their opinions on contents of the appeal/protest; the procurator presents the People’s Procuracy’s view on the resolution of the appeal/protest.

4. Based on results of the appellate hearing, the judge shall issue a decision:

a/ To reject the appeal/protest and uphold the first-instance decision;

b/ To modify the first-instance decision;

c/ To quash the first-instance decision and forward the case file to the competent regional people’s court for review;

d/ To quash the first-instance decision and terminate the consideration of the transfer request in accordance with Clause 3, Article 39 of this Law; or,

dd/ To terminate the appellate review.

5. Legal effect of decisions on transfer of sentenced persons or decisions on refusal to transfer sentenced persons:

a/ The First-Instance Court’s decisions that are not appealed or protested against take effect on the date of expiration of the time limit for filing an appeal/protest;

b/ The Appellate Court’s decisions take effect on the date of issuance and are final.

The Appellate Court’s decisions shall be immediately sent to the First-Instance Court, the First-Instance People’s Procuracy, the same-level People’s Procuracy, the sentenced person proposed for transfer and his/her lawyer or lawful representative (if any).

Article 42. Enforcement of a decision on transfer of a sentenced person

1. Within 10 days from the effective date of the People’s Court-issued decision on transfer of the sentenced person, the Chief Justice of the regional People’s Court that has issued the first-instance decision shall issue a decision on enforcement of the transfer decision. This time limit is 5 days for the special cases specified in Point c, Clause 1, Article 32 of this Law. The decision on enforcement of the transfer decision takes effect on the date of its signing.

2. The decision on enforcement of the transfer decision shall be sent to the same-level People’s Procuracy, the Ministry of Public Security, the competent authority of the receiving State, and the transferred person or his/her lawful representative.

3. The Ministry of Public Security shall notify in writing the transfer to the competent authority of the receiving State and organise the enforcement of the transfer. The transfer of the sentenced person shall be carried out within 45 days from the effective date of the decision on enforcement of the transfer decision, unless otherwise agreed. This time limit is15 days for the special cases specified in Point c, Clause 1, Article 32 of this Law.

4. The Government shall detail Clause 3 of this Article.

Article 43. Quashing of decisions on transfer of sentenced persons and decisions on enforcement of decisions on transfer of sentenced persons

1. A decision on transfer of a sentenced person that has not yet taken legal effect shall be quashed in the following cases:

a/ The sentenced person or his/her lawful representative withdraws the application for the transfer or expresses in writing the wish not to be transferred;

b/ The receiving State withdraws the transfer request;

c/ The sentenced person dies or absconds from Vietnam;

d/ Other cases in which the handover of the sentenced person is impossible.

2. A decision on transfer of a sentenced person that has taken legal effect shall be quashed in the following cases:

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

b/ The decision on enforcement of the decision on transfer of the sentenced person is quashed.

3. A decision on enforcement of the decision on transfer of a sentenced person shall be quashed in the following cases:

a/ The case specified in Point a, Clause 2 of this Article;

b/ The person to be handed over is not the person stated in the decision on transfer of the sentenced person;

c/ The competent authority of the receiving State fails to receive the transferred person at the agreed time and place without giving a plausible reason, or the transfer is not carried out within the time limit specified in Clause 3, Article 42 of this Law.

4. Within 5 working days after receiving the notice from the Ministry of Public Security, the Chief Justice of the competent People’s Court shall quash the decision on transfer of the sentenced person specified in Clause 1 or 2 of this Article, and quash the decision on enforcement of the decision on transfer of the sentenced person specified in Clause 3 of this Article. These decisions take effect on the date of their signing and shall be immediately sent to the same-level People’s Procuracy, the Ministry of Public Security, the competent authority of the receiving State, and the sentenced person or his/her lawful representative.

5. The consideration of a request for transfer of a sentenced person in the cases specified in Points a and b, Clause 1, and Point c, Clause 3, of this Article may only be carried out after at least 3 years from the effective date of the decision quashing the decision on transfer of the sentenced person or of the decision on enforcement of the decision on transfer of the sentenced person.

Article 44. Handover of transferred persons

1. The Ministry of Public Security shall organise the handover of transferred persons at the time and place agreed in writing with the competent authority of the receiving State.

2. The Government shall detail this Article.

Article 45. Review of judgments pronounced against transferred persons

The judgment already pronounced against a sentenced person in Vietnam who is transferred to a foreign country may only be reviewed by a People’s Court of Vietnam according to the cassation or retrial procedures under the criminal procedure law.

Article 46. Exchange of information on sentence serving by transferred persons

1. After a sentenced person is transferred to the receiving State, the Ministry of Public Security shall request the competent authority of the receiving State to provide information on sentence serving by the transferred person to meet state management requirements.

2. The Ministry of Public Security shall immediately notify in writing the competent authority of the receiving State when:

a/ The sentenced person is entitled to exemption from or reduction of the sentence term, general amnesty, special amnesty, or conditional early release, or is subject to penal liability examination for another crime;

b/ A People’s Court of Vietnam reviews the judgment already pronounced against a transferred person according to the cassation or retrial procedures and the legal consequences of the cassation or retrial.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 47. 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 provision in Article 48 of this Law; Article 45 of the Law on Extradition; 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 48. Transitional provision

Requests for transfer of sentenced persons that are received by the Ministry of Public Security 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.

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