Treaty on Extradition between the Socialist Republic of Vietnam And Hungary 2013

TREATY

ON EXTRADITION BETWEEN THE SOCIALIST REPUBLIC OF VIET NAM AND HUNGARY

The Socialist Republic of Viet Nam and Hungary (hereinafter jointly referred to as “the Parties”);

Desiring to maintain and strengthen the ties between the two States;

Desiring to establish more effective cooperation between the two States in the prosecution of crimes and the execution of sentences, especially in the fight against organized crime and terrorism;

Desiring to improve the extradition cooperation between the two States, in accordance with their national laws and regulations;

Recalling the Convention on Mutual Legal Assistance in Civil, Family Law and Criminal Matters signed on 18 January 1985 in Hanoi;

Noting that both Viet Nam and Hungary currently apply the terms of that Treaty;

Have agreed as follows:

ARTICLE 1

OBLIGATION TO EXTRADITE

The Parties agree to extradite to each other, in accordance with the provisions of the this Treaty, the national laws of the Requested Party and at the request of the other Party, individuals found on their respective territories and who are wanted by the other Party for prosecution or for the enforcement of a sentence or security measure imposed by its courts, for an extraditable offence.

ARTICLE 2

EXTRADITABLE OFFENCES

1. Extradition shall only be granted for those offences punishable under the laws of both Parties, and which meet one of the following conditions:

a) If the extradition request is made for the purposes of conducting a criminal prosecution, the offence is punishable under the laws of the Requesting Party by deprivation of liberty for a period of at least one year; or

b) If the extradition request is aimed at enforcing a sentence or a security measure involving deprivation of liberty, at the time of making the request, a period of at least six months of the penalty remains to be served on the part of the person whose extradition is sought.

2. For the purposes of this Article, an offence shall be an extraditable offence whether or not the laws in the Parties place the offence within the same category of offences or describe the offence by the same terminology;

3. If the extradition has been granted for an extraditable offence, it may also be granted for any other offence specified in the request even if the latter offence is punishable by less than one year’s deprivation of liberty, provided that all other requirements of extradition are met.

ARTICLE 3

MANDATORY GROUNDS FOR REFUSAL

Extradition shall be denied if:

1. The offence for which extradition is sought is considered by the Requested Party to be a political offence. For the purposes of this Treaty, the following offences shall not be considered to be political offences:

a) a murder or any other willful crime against the body of a Head of State of one of the Parties or of a member of the Head of State's family;

b) an offence for which both Parties have the obligation pursuant to a multilateral international agreement to extradite the person sought or to submit the case to their competent authorities for prosecution;

c) murder, manslaughter, or any other offence involving substantial bodily harm;

d) an offence involving kidnapping or any form of unlawful detention, including the taking of a hostage;

e) placing or using an explosive, incendiary or destructive device capable of endangering life, of causing substantial bodily harm, or of causing substantial property damage; and

f) a conspiracy or any type of association to commit extraditable offences or attempt to commit or participation in the commission of such offences.

2. The requested person is a national of the Requested Party.

3. The Requested Party has reasonable grounds to believe that the extradition request was presented with the aim of prosecuting or punishing the person sought on account of that person’s race, sex, religion, nationality or political opinions, or that the situation of the person involved in the judicial procedure could be jeopardised for one of these reasons.

4. The criminal action or sentence has lapsed due to statute of limitation under the law of either of the Parties.

5. The courts of the Requested Party have already passed final judgment or concluded a judicial procedure against the person sought with regard to the offence for which extradition is requested, or the person sought has been tried in a third State for the offence for which extradition is requested, and has been absolved or completed the corresponding sentence.

6. The person sought has been acquitted or the case has been dismissed by court order with binding and final effect in the Requested Party for the offence for which extradition is sought. Extradition shall not be precluded by the fact that the competent authorities in the Requested Party have decided not to prosecute the person sought for the acts for which extradition is requested, or to discontinue any criminal proceedings which have been instituted against the person sought for those acts.

ARTICLE 4

DISCRETIONARY GROUNDS FOR REFUSAL

Extradition may be denied if:

1. The Requested Party has jurisdiction over the offence for which extradition is sought, in accordance with its national laws, and is carrying out criminal proceedings against the requested person for this offence.

2. The offence for which extradition is sought was committed outside the territory of both Parties, and the Requested Party does not have jurisdiction over the offence committed outside of its territory under similar circumstances.

3. The Requested Party, although taking into account the gravity of the offence and the interests of both Parties, considers that the extradition would be incompatible with humanitarian considerations, in view of the person’s age, health, or any other personal circumstances.

4. If the requested person is under eighteen years of age and the extradition may be detrimental to that person’s social adaptation or rehabilitation.

ARTICLE 5

CAPITAL PUNISHMENT

When the offence for which extradition is sought is punishable by death penalty under the laws in the Requesting Party, the Requested Party may refuse extradition unless the Requesting Party provides assurances that the capital punishment will not be imposed or, if imposed, will not be carried out.

ARTICLE 6

OBLIGATION TO INITIATE CRIMINAL PROCEEDINGS IN THE REQUESTED PARTY

If the extradition is denied under the provisions of paragraph 2 of Article 3, Article 4 or Article 5, the Requested Party should, at the initiative of the Requesting Party, submit the case to its competent authorities for the purpose of initiating a criminal proceeding in accordance with its national legislation.

To this end, the Requesting Party shall provide the Requested Party with the documents and evidence related to the case through the central authorities.

ARTICLE 7

CENTRAL AUTHORITIES

1. To implement this Treaty:

a) the central authority of Viet Nam shall be the Ministry of Public Security;

b) the central authority of Hungary shall be the Ministry of Public Administration and Justice.

2. The Parties shall provide the changes regarding their central authorities through diplomatic channels.

ARTICLE 8

EXTRADITION REQUEST AND REQUIRED DOCUMENTS

1. Requests for extradition shall be presented in writing through the central authorities, and should include or be accompanied by:

a) the name of the requesting authority;

b) the name, sex and nationality of the person sought, and any other information that may help to determine the identity of the person and his or her possible whereabouts, as well as, if available, a physical description, photographs, and fingerprints of the person;

c) a description of the case, with a summary of the criminal acts and their results;

d) the text of the relevant legal provisions regarding the establishment of criminal jurisdiction, determination of the offence, and the sentence which could be imposed for that offence; and

e) the text of the relevant legal provisions describing the statute of limitation for the criminal act or for carrying out the sentence.

2. In addition to the requirements of paragraph 1 of this Article:

a) the extradition request aimed at the criminal prosecution of the person sought should also be accompanied by a copy of the arrest warrant issued by the competent authority of the Requesting Party; or

b) the extradition request aimed at carrying out a sentence or a security measure imposed on the person sought should also be accompanied by a copy of the court decision and a description of the period of the sentence already served.

3. The extradition request and the supporting documents should be certified, and should be accompanied by a translation into the language of the Requested Party or into English language.

4. A document is certified for the purpose of this Treaty, if it has been signed by a judge or other competent officials of the Requesting Party and sealed by the official seal of the competent authority of the Requesting Party.

ARTICLE 9

ADDITIONAL INFORMATION

1. If the Requested Party considers that the information furnished in support of a request for extradition is not sufficient to fulfill the requirements of this Treaty, it may request that additional information be furnished within such reasonable length of time as it specifies.

2. If the person whose extradition is sought is under arrest and the Requested Party has not received the requested additional information within the time limit specified, the person may be released from custody. Such release shall not preclude the Requesting Party from making a new request for the extradition of the person.

3. When the person sought is released from custody in accordance with paragraph 2 of this Article, the Requested Party shall notify the Requesting Party as soon as possible.

ARTICLE 10

PROVISIONAL ARREST

1. In ease of urgency, the Requesting Party may request the provisional arrest of the person sought, pending receipt of the extradition request. A request for provisional arrest shall be sent in writing through the central authorities.

2. The request for provisional arrest shall contain the same details indicated in paragraph 1 of Article 8, a declaration regarding the existence of the documents indicated in paragraph 2 of the same Article, and a declaration that the request for provisional arrest will be followed by an extradition request.

3. The Requested Party shall promptly inform the Requesting Party of the processing of its request.

4. The provisional arrest shall be terminated if, within a period of 40 days beginning from the arrest of the person sought, the competent authority of the Requested Party has not received the formal extradition request. This period may be extended for 15 days, at the duly justified request of the Requesting Party.

5. The release of a person pursuant to paragraph 4 of this Article shall be without prejudice to the extradition of the person sought if the Requested Party subsequently receives the formal extradition request.

ARTICLE 11

DECISION REGARDING THE EXTRADITION REQUEST

1. In case the extradition request meets the requirements described in this Treaty, the Requested Party shall take the neccessary steps immediately after receiving the extradition request in order to arrest the requested person.

2. The Requested Party should make a decision regarding the extradition request in accordance with the procedures stipulated in its national legislation, and shall promptly inform the Requesting Party of its decision.

3. If the Requested Party refuses the request totally or partially, it shall inform the Requesting Party of the reasons for refusal. The Requested Party shall provide copies of pertinent judicial decisions upon request.

4. Refusal of an extradition on reasonable grounds shall prevent the Requesting Party from presenting a new extradition request against the same person for the same actions.

ARTICLE 12

SURRENDER OF PERSONS

1. If the request for extradition is granted, the competent authorities of the Parties shall agree on the time and place and other relevant information for the surrender of the person sought.

The Requested Party shall inform the Requesting Party of the period of time during which the person has been under arrest prior to being surrendered.

2. If the Requesting Party fails to receive the person within a period of 15 days after the agreed date for surrender, the Requested Party shall immediately release the person and may reject a new extradition request from the Requesting Party referring to the same person and the same acts, unless paragraph 3 of this Article stipulates otherwise.

3. If one of the Parties does not surrender or does not receive the person within the agreed period due to circumstances beyond their control, the other Party shall be notified promptly. The Parties shall agree upon the terms for executing the extradition, applying the stipulations in paragraph 2 of this Article.

ARTICLE 13

POSTPONEMENT OF SURRENDER AND TEMPORARY SURRENDER

1. The Requested Party may postpone the extradition proceedings against a person who is being prosecuted or who is serving a sentence in that State. The postponement may continue until the prosecution of the person sought has been concluded or until such person has served any sentence imposed. The Requested Party shall inform the Requesting Party of this postponement.

2. If the extradition request is granted in the case of a person who is being prosecuted or is serving a sentence in the territory of the Requested Party it may temporarily surrender the person sought to the Requesting Party for the purpose of prosecution. The person so surrendered shall be kept in custody in the Requesting Party and shall be returned to the Requested Party after the conclusion of the proceedings against that person in accordance with conditions to be determined by mutual agreement of the Parties.

ARTICLE 14

CONCURRENT REQUESTS

1. If the extradition of the same person has been requested by one of the Parties and one or more third States, the Requested Party shall decide, at its discretion, to which one of them it will surrender the person sought, and shall notify the Requesting Party of its decision. In the event of a conflict between a request for extradition from Viet Nam and a European arrest warrant presented by a Member State of the European Union, Hungary shall determine to which State the person will be extradited.

2. In considering the request referred to in paragraph 1 of this Article, the Requested Party shall consider the following relevant factors:

a) the current nationality and the last place of residence of the person sought;

b) the legitimacy and suitability of the requests;

c) the time and place of commission of each offence;

d) respective interests of the Requesting States;

e) the gravity of the offences;

f) the nationality of the victims;

g) possibility of subsequent extradition between the Requesting States;

h) the date of the requests for extradition; and

i) other relevant factors.

ARTICLE 15

PRINCIPLE OF SPECIALTY

The person extradited under this Treaty shall not be tried or subjected to the enforcement of a sentence in the Requesting Party for offences committed by that person prior to his or her extradition that are different from the one for which the extradition was granted, unless:

1. the Requested Party has given its prior consent. To this effect, the Requested Party shall demand that the documents and information cited in Article 8 be sent, along with a declaration by the extradited person regarding the offences in question; or

2. the person has not left the territory of the Requesting Party within a period of 45 days after having been set free. However, this period shall not include the time during which the person has not been able to leave the territory of the Requesting Party due to circumstances beyond his or her control; or

3. the person has returned voluntarily to the territory of the Requesting Party after having left it; or

4. the requested person consents to be extradited and at the same time renounces the use of the principle of specialty; or

5. when the person, after his or her surrender, has expressly renounced entitlement to the specialty rule with regard to specific offences preceding his or her surrender. Renunciation shall be given before the competent judicial authorities of the Requesting Party and shall be recorded in accordance with that Party's national law. The renunciation shall be drawn up in such a way as to make clear that the person has given it voluntarily and in full awareness of the consequences. To that end, the person shall have the right to legal counsel.

ARTICLE 16

RE-EXTRADITION TO A THIRD STATE

Except as provided for in paragraph 1 of Article 14 and in Article 15, the Requesting Party shall not, without the consent of the Requested Party, extradite to a third State a person extradited to the Requesting Party and sought by that third State in respect of offences committed prior to his or her extradition. The Requested Party may request the production of the documents mentioned in Article 8.

ARTICLE 17

SIMPLIFIED EXTRADITION

If the person sought consents to be extradited to the Requesting Party, the Requested Party may extradite the person as expeditiously as possible without further proceedings.

ARTICLE 18

SEIZURE AND SURRENDER OF PROPERTY

1. If the Requesting Party so requests, the Requested Party should, to the extent permitted by its national legislation, seize objects obtained or used in the offence, and any other property that may be found on its territory which could have evidential value, and if the extradition is granted, on the request of the Requesting Party, these should be surrendered to the Requesting Party.

2. When the extradition is granted, the objects mentioned in paragraph 1 of this Article may be surrendered, even if the extradition may not be carried out due to the death, disappearance, or escape of the person sought.

3. The Requested Party may, for the purpose of carrying out another pending criminal procedure, postpone the surrender of the objects cited in paragraph 1 of this Article until the conclusion of this criminal procedure, or temporarily surrender those objects on the condition that they shall be returned by the Requesting Party.

4. The rights of the Requested Party and third parties in such property shall be duly respected. Should such rights exist, the Requesting Party shall, at the request of the Requested Party, promptly return the surrendered objects, at no cost to the Requested Party, and as soon as possible after the completion of the proceedings.

ARTICLE 19

TRANSIT

1. Either Party may authorize transportation through its territory of a person extradited to the other Party by a third State. A request for transit shall be made directly between the central authorities. The facilities of the International Criminal Police Organization (Interpol) may be used to transmit such a request It shall contain a description of the person being transported and a brief statement of the facts of the case. A person in transit may be kept in custody during the period of transit. Such authorization shall not be necessary where air transport is used, and no landing in the territory of the said Party is scheduled.

2. The Requested Party shall authorize the transit requested by the Requesting Party, to the extent that it does not contravene its national legislation.

ARTICLE 20

NOTIFICATION OF THE OUTCOME

The Requesting Party shall promptly provide the Requested Party with information regarding the proceedings or the enforcement of the sentence against the extradited person, or information regarding the re-extradition of that person to a third State.

ARTICLE 21

COSTS

1. The expenses derived from the extradition proceedings in the Requested Party shall be borne by the Requested Party, unless otherwise agreed by both Parties.

2. Transport and transit expenses related to the surrender or the reception of the extradited person shall be borne by the Requesting Party.

ARTICLE 22

RELATIONSHIP WITH OTHER TREATIES

This Treaty shall not affect the rights and obligations assumed by each Party in accordance with any other Treaty.

ARTICLE 23

SETTLEMENT OF DISPUTES

Any dispute which may arise in the interpretation or implementation of the present Treaty shall be resolved through diplomatic consultation.

ARTICLE 24

FINAL PROVISIONS

1. This Treaty shall enter into force on the thirtieth (30) day after receiving the last written notification through diplomatic channels in which the Parties notify each other of the completion of the necessary internal legal procedures for the entry into force of the Treaty.

2. Upon the entry into force of this Treaty, Articles 58-75 of the Convention on Mutual Legal Assistance in Civil, Family Law and Criminal Matters signed on 18 January 1985 in Hanoi, shall cease to have any effect.

3. This Treaty will remain in force for an indefinite period.

4. Either Party may terminate this Treaty by notice in writing at any time through diplomatic channels. Termination shall take effect six (06) months after the date on which the notice is given.

IN WITNESS WHEREOF, the undersigned, being duly authorized in accordance with their respective national laws, have signed this Treaty.

DONE in duplicate in Budapest on the 16th day of September 2013, in the Vietnamese, Hungarian and English languages, all texts being equally authentic. In case of any divergence of interpretation, the English text shall prevail.