LAW ON EXTRADITION NO. 100/2025/QH15

LAW

INTRODUCTION

BASED ON THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM AS AMENDED AND COMPLEMENTED BY RESOLUTION NO. 203/2025/QH15 has been amended and supplemented with some articles pursuant to Resolution No. 203/2025/QH15;

The National Assembly enacts the Extradition Law.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates the principles, jurisdiction, conditions, procedures, and formalities for implementing extradition between Vietnam and foreign countries; the responsibilities of Vietnamese state agencies in extradition.

Article 2. Applicability

This Law applies to Vietnamese agencies, organizations, and individuals, as well as foreign agencies, organizations, and individuals related to extradition between Vietnam and foreign countries.

Article 3. Explanation of Terms

In this Law, the following terms shall be understood as follows:

1. Extradition is the act of Vietnam transferring to a foreign country or a foreign country transferring to Vietnam a person who has committed a criminal act or been sentenced to criminal punishment currently present on its territory for the receiving country to pursue criminal responsibility or enforce criminal penalties against that person.

2. Person Requested for Extradition is a person who has committed a criminal act or been sentenced to criminal punishment in the requesting country, where both the laws of that country and the requested country consider such acts to constitute crimes.

Article 4. Application of Law and Principles of Extradition

1. Extradition shall be carried out in accordance with the provisions of this Law; in cases not provided for herein, the provisions of the Criminal Procedure Law, the Law on Enforcement of Criminal Penalties, and other relevant Vietnamese laws shall apply.

2. Extradition shall be carried out based on the following principles:

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

b) In cases where Vietnam and a foreign country are not members of an international treaty on extradition, extradition shall be carried out based on the principle of reciprocity but not contrary to Vietnamese law, consistent with international law and international custom.

Article 5. Application of Reciprocal Principle in Extradition

1. The application of the reciprocal principle in extradition shall be implemented when the following conditions are met:

a) Compliance with the principles specified in Clause 2 of Article 4 of this Law;

b) The competent authority of the foreign country commits in writing to implement Vietnam's request in similar cases. In cases where Vietnam is the requesting country, the central agency of the Socialist Republic of Vietnam on extradition commits in writing to the application of the reciprocal principle;

c) Consistent with practical needs and requirements for cooperation in extradition between Vietnam and foreign countries.

2. The central agency of the Socialist Republic of Vietnam on extradition bases itself on the provisions of Clause 1 of this Article to decide on the application of the reciprocal principle in extradition. When necessary, the central agency of the Socialist Republic of Vietnam on extradition seeks opinions from the Ministry of Foreign Affairs and relevant agencies before making a decision.

3. The Government shall provide detailed regulations on this Article.

Article 6. Central Agency of the Socialist Republic of Vietnam on Extradition

1. The Ministry of Public Security is the central agency of the Socialist Republic of Vietnam on extradition.

2. The central agency of the Socialist Republic of Vietnam on extradition is responsible for serving as the focal point for exchanging information and documents related to extradition; guiding, preparing, sending, and receiving extradition request files; taking the lead and coordinating with ministries, sectors, and localities in examining and resolving extradition requests from Vietnam and foreign countries; monitoring and urging the implementation of extradition; performing other tasks and powers as prescribed by Vietnamese laws on extradition and international treaties to which the Socialist Republic of Vietnam is a party.

Article 7. Situations where extradition may be carried out

1. A person may be extradited if they have committed an act of crime for which both Vietnamese law and foreign law prescribe imprisonment with a term of at least one year, life imprisonment, or death penalty, or has been sentenced to imprisonment by the requesting state's court and the remaining term of imprisonment for that person is at least six months.

2. The acts of crime of the person specified in Clause 1 of this Article do not necessarily belong to the same category of crimes or the same criminal offense, and the elements constituting the crime do not necessarily have to be identical according to Vietnamese law and foreign law.

3. In cases where a foreign country requests extradition concerning a person who has committed multiple acts of crime, each act constituting a separate criminal offense under Vietnamese law and foreign law, and at least one of these acts meets the conditions stipulated in Clause 1 of this Article, Vietnam may agree to extradite that person. If Vietnam is the requesting state, the Ministry of Public Security shall request the competent authority of the foreign country to agree to extradition in similar cases.

4. In cases where the act of crime of the person specified in Clause 1 of this Article occurs outside the territory of Vietnam, the extradition of that person may be carried out if Vietnamese law prescribes such act as a criminal offense.

Article 8. Forms and Methods of Transferring Extradition Request Documents

1. The extradition request is made in writing.

2. The extradition request documents are transferred through diplomatic channels or the Ministry of Public Security. The receipt and transfer of extradition request documents can be conducted electronically in accordance with the provisions of the law.

3. The Government shall provide detailed regulations on this Article.

Article 9. Language in Extradition

1. Where Vietnam and a foreign country are both members of an international treaty on extradition, the language in extradition is the language prescribed in that international treaty.

2. Where Vietnam and a foreign country are not both members of an international treaty on extradition, the extradition request documents and urgent detention requests before extradition must be accompanied by a translation into the language of the requested state or the language accepted by the requested state for urgent detention before extradition.

3. The competent authority of Vietnam to issue extradition requests and the competent authority to issue urgent detention requests must translate the documents and materials into the language prescribed in Clause 1 or Clause 2 of this Article.

4. The Government shall provide detailed regulations on this matter.

Article 10. Waiver of Apostille

Extradition request documents and urgent detention requests before extradition are exempt from apostille if signed and stamped by the authorized person or agency of the foreign country, except where an international treaty to which the Socialist Republic of Vietnam is a party provides otherwise.

Article 11. Costs of Implementing Extradition Requests

1. Where Vietnam is the requesting state, Vietnam shall bear the costs arising from the extradition process from the time of receiving the person to be extradited, unless otherwise agreed.

2. Where Vietnam is the requested state, Vietnam shall bear the costs arising from the extradition process up to the time of handing over the person to be extradited, unless otherwise agreed.

3. The Government shall provide detailed regulations on this Article.

Article 12. Funding for extradition work

The funding for extradition work shall be guaranteed from the state budget in accordance with the laws on the state budget and other relevant laws.

Article 13. Conditional Extradition

1. In cases where a foreign country requires Vietnam to meet certain conditions to agree to extradition, the Ministry of Public Security shall take the lead and coordinate with competent agencies of Vietnam to accept part or all of these conditions based on their compatibility with the principles of extradition stipulated in Clause 2, Article 4 of this Law.

2. In cases where it is necessary to require a foreign country to meet certain conditions for Vietnam to agree to extradition, the Ministry of Public Security shall take the lead and coordinate with competent agencies of Vietnam to request the competent authority of the foreign country to accept and commit to implementing these conditions.

3. The Government shall provide detailed regulations on this Article.

Article 14. Notification Related to the Death Penalty for the Person Requested for Extradition

1. In cases where a foreign country requests Vietnam not to apply the death penalty or not to enforce the death penalty against the person requested for extradition, the Ministry of Public Security shall take the lead and coordinate with relevant ministries and sectors to issue one of the following written notifications:

a) Notification that the death penalty will not be applied or enforced against the person requested for extradition if such person falls under the category not subject to the death penalty or not subject to enforcement of the death penalty according to the Penal Code;

b) Notification that the death penalty will not be enforced against the person requested for extradition who does not fall under the category specified in point a, Clause 1 of this Article after obtaining the opinion of the President of the Socialist Republic of Vietnam.

2. In cases where Vietnam requests a foreign country not to enforce the death penalty against the person requested for extradition, the Ministry of Public Security shall propose that the foreign country commit in writing to this content.

3. The Minister of Public Security shall take the lead and coordinate with the Chief Justice of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy, the Minister of Foreign Affairs, and heads of other relevant agencies to provide detailed regulations on this matter.

Article 15. Non-Prosecution and Non-Enforcement of Sentences Against the Person Extradited for Offenses Other Than Those Specified in the Extradition Request; Non-Extradition to a Third Party

1. A person extradited shall not be prosecuted for criminal responsibility or not required to serve a sentence in the requesting country for an offense other than those specified in the extradition request, which were committed before extradition, or not be extradited to a third party, except in the following cases:

a) The requested country has previously agreed in writing. The requested country may request the submission of materials and information as provided for in Articles 19, 20, 21, and 22 of this Law;

b) The person extradited has not left the territory of the requesting country within thirty days from the date they were released, unless international treaties to which the Socialist Republic of Vietnam is a party provide otherwise. This period does not include time during which the person could not leave the territory of the requesting country due to force majeure;

c) The person extradited has voluntarily returned after leaving the territory of the requesting country.

2. The Minister of Public Security shall take the lead and coordinate with the Chief Justice of the Supreme People's Court and the Prosecutor General of the Supreme People's Procuracy to provide detailed regulations on this matter.

Article 16. Transit of Persons Subject to Extradition

1. The transit of persons subject to extradition through the territory of Vietnam must be notified in writing to the Ministry of Public Security for processing. The agreement or refusal of transit of persons subject to extradition shall be carried out in accordance with the provisions of the law.

2. In cases where transit is permitted, the requesting country shall be responsible for managing such persons during their transit through Vietnam and shall bear all transit costs as prescribed by Vietnamese law, except where otherwise agreed.

3. In cases where transportation is by air and an emergency landing occurs on Vietnamese territory, persons subject to extradition may be managed in accordance with Vietnamese law. The management of persons subject to extradition and related costs shall be carried out in accordance with the provisions of Clause 2 of this Article.

4. In cases where Vietnam requests foreign countries to permit transit of persons subject to extradition, the Ministry of Public Security shall contact foreign countries to implement the procedures for obtaining permission for transit.

5. The Government shall provide detailed regulations on this matter.

Article 17. Responsibilities of State Agencies Regarding Extradition

1. The Government shall have the following responsibilities:

a) To unify state management over extradition;

b) To report to the National Assembly on extradition work in the annual report on crime prevention and law enforcement activities.

2. The Ministry of Public Security shall be responsible before the Government for implementing state management over extradition.

The Minister of Public Security shall take the lead and coordinate with the Chief Justice of the Supreme People's Court and the Procurator General of the Supreme People's Procuracy to establish regulations on the application of science, technology, and digital transformation in extradition work.

3. The Supreme People's Court and the Supreme People's Procuracy shall cooperate with the Ministry of Public Security to implement state management over extradition.

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

4. Ministries, agencies equivalent to ministries, and other relevant agencies, within the scope of their functions and responsibilities, shall perform tasks related to extradition in accordance with this Law and other relevant laws; they shall cooperate with the Ministry of Public Security to implement state management over extradition.

  

Chapter II

EXTRADITION FROM FOREIGN COUNTRIES TO VIETNAM

 

Article 18. Competent Authorities of Vietnam to Establish Extradition Requests

1. The Ministry of Public Security, investigative agencies, criminal execution management agencies, and criminal execution agencies have the authority to establish extradition requests for the purpose of pursuing criminal responsibility or enforcing sentences.

2. The Minister of Public Security shall take the lead and coordinate with the Chief Justice of the Supreme People's Court and the Prosecutor General of the Supreme People's Procuracy to provide detailed regulations on this matter.

Article 19. Extradition Request Files of Vietnam

1. The extradition request files of Vietnam sent to foreign countries shall include the following documents:

a) The extradition request document as stipulated in Clause 1 of Article 20 of this Law;

b) Supporting documents as stipulated in Articles 21 or 22 of this Law.

2. Extradition request files of Vietnam sent to foreign countries shall be established in three copies, except where otherwise agreed. The language used to prepare the file shall be as prescribed in Article 9 of this Law.

Article 20. Extradition Request Documents of Vietnam

1. Extradition request documents of Vietnam sent to foreign countries must contain the following information:

a) Date of issuance of the extradition request document;

b) Name, address, and contact information of the agency issuing the extradition request;

c) Name of the requested agency;

d) Purpose of the extradition request;

đ) Information about the personal details and place of residence of the person subject to extradition;

e) Summary of the case facts serving as the basis for the extradition request;

g) Legal grounds for initiating the case, indicting the suspect, prosecuting, bringing the case to trial, or enforcing criminal sentences;

h) Information about decisions or orders issued by competent authorities against the person subject to extradition;

i) Information about the charges mentioned in the extradition request and the anticipated sentence or remaining time for the person subject to extradition to serve the sentence; content of the law regarding the offense subject to extradition;

k) Vietnam’s requests to the requested country;

l) Vietnam’s commitments to the requested country;

m) Any necessary additional information (if applicable).

2. The Government shall provide detailed regulations for this Article.

Article 21. Documents accompanying extradition request for criminal prosecution of Vietnam

1. The documents accompanying the extradition request for criminal prosecution sent from Vietnam to foreign countries shall include the following documents:

a) Photograph of the face of the person requested for extradition;

b) Documents identifying personal information and place of residence of the person requested for extradition;

c) Decisions or orders of investigative agencies and other competent authorities;

d) Documents proving the criminal acts of the person requested for extradition;

đ) Contents of the laws related to the initiation of criminal proceedings, indictment, prosecution, or bringing the case to trial; other relevant laws clarifying the extradition request for criminal prosecution;

e) Other necessary documents (if any).

2. The Government shall provide detailed regulations for this Article.

Article 22. Documents accompanying extradition request for enforcement of sentence

1. The documents accompanying the extradition request for enforcement of sentence sent from Vietnam to foreign countries shall include the following documents:

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

b) The judgment already pronounced against the person requested for extradition;

c) A document notifying the remaining time for the person requested for extradition to serve the sentence;

d) Contents of the laws related to bringing the case to trial and other relevant laws clarifying the extradition request for enforcement of sentence;

đ) Other documents (if applicable);

2. The Government shall provide detailed regulations for this Article.

Article 23. Receiving, examining, transferring extradition request files and supplementing information and documents

1. The agency establishing the extradition request as stipulated in Article 18 of this Law shall be responsible for sending the extradition request file to the Ministry of Public Security for examination of its validity as prescribed in Articles 19 and 20 of this Law, except when the agency establishing the extradition request is the Ministry of Public Security.

2. The Ministry of Public Security shall examine the validity of the extradition request file within thirty days from the date of receipt. The receipt of the extradition request file shall be recorded in the extradition file register. If the file is valid, the Ministry of Public Security shall transfer it to the foreign country; if the file is invalid, it shall return the file with a clear explanation in writing.

3. In cases where the foreign country requests additional information and documents in the extradition request file, the agency establishing the extradition request shall supplement the information and documents to respond to the foreign country through the Ministry of Public Security, except in cases where there are other agreements.

4. The Government shall provide detailed regulations on Clause 2 and Clause 3 of this Article.

Article 24. Receiving and escorting the extradited person from abroad back to Vietnam

1. After receiving the extradition decision from the competent authority of the foreign country, the Ministry of Public Security shall take the lead and coordinate with the Ministry of Foreign Affairs and other relevant agencies to implement the reception and escort of the extradited person from abroad back to Vietnam.

2. The Government shall provide detailed regulations for this Article.

Article 25. Handling cases where the foreign country refuses Vietnam's extradition request

For cases involving foreigners committing crimes on Vietnamese territory who have fled abroad but the foreign country refuses Vietnam's extradition request, the agency establishing the extradition request 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 pursuing criminal responsibility.

 

Chapter III

EXTRADITION FROM VIETNAM TO FOREIGN COUNTRIES

 

Article 26. Extradition request file of foreign countries

The extradition request file of foreign countries sent to Vietnam must comply with the provisions of Articles 8, 9, 10, 19, 20, 21, and 22 of this Law.

Article 27. Acceptance, examination of extradition request files from foreign countries and verification of the location of the person requested for extradition

1. The Ministry of Public Security shall record the extradition file and examine the validity of the extradition request file according to the conditions stipulated in Article 26 of this Law within thirty days from the date of receipt of the extradition request file from a foreign country. The competent public security agency shall conduct verification of the location of the person requested for extradition who is present in Vietnam.

2. In case the extradition request file from a foreign country is not valid, the Ministry of Public Security shall return the file to the foreign country and specify the reasons. If it is necessary to clarify or supplement information and documents, the Ministry of Public Security shall request the competent authority of the foreign country to supplement within sixty days from the date of the request for supplementation. After this period, if no supplementary information or documents are received, the Ministry of Public Security shall return the file to the foreign country and specify the reasons. 

3. In case the extradition request file is valid, the Ministry of Public Security shall transfer one copy of the extradition request file to the People's Court in the area where the person requested for extradition resides, is under temporary detention, is under temporary imprisonment, is serving a prison sentence, or is staying at a residential facility in that area for consideration and decision, while transferring one copy of the extradition request file to the People's Procuracy in the area with jurisdiction.

4. The Government shall provide detailed regulations on this matter.

Article 28. People's Courts receive, accept for trial, examine extradition request files from foreign countries sent to Vietnam

1. Upon receiving the extradition request file, the People's Court with jurisdiction must record the receipt. In case the extradition request file does not contain sufficient documents as prescribed in Articles 19, 21, and 22 of this Law, the file must be returned with a written explanation of the reasons.

2. Within seven days from the date of receiving the complete extradition request file, the People's Court with jurisdiction must accept for trial and assign a Judge to examine and decide.

Within three working days from the date of accepting the extradition request file, the People's Court must notify the Ministry of Public Security and the People's Procuracy at the same level in writing.

3. Within sixty days from the date of accepting the extradition request file, the People's Court with jurisdiction may request the competent authority of the foreign country to clarify information and supplement documents in the extradition request file through the Ministry of Public Security. The deadline for supplementing information and documents is thirty days from the date of sending the request.

4. Within the sixty-day period specified in Clause 3 of this Article, the People's Court with jurisdiction must issue one of the following decisions:

a) Decision to terminate the examination of the extradition request according to Clause 5 of this Article and return the file to the Ministry of Public Security;

b) Decision to examine the extradition request when all conditions prescribed by this Law are met. This decision must be sent to the person requested for extradition, their lawyer, or their lawful representative (if any).

These decisions must be sent to the Ministry of Public Security and the People's Procuracy at the same level within three working days from the date of issuance.

5. The Judge shall issue a decision to terminate the examination of the extradition request in any of the following cases:

a) Not within jurisdiction;

b) The competent authority of the foreign country withdraws the extradition request;

c) The person requested for extradition has left Vietnam;

d) The competent authority of the foreign country fails to supplement information and documents within the time limit specified in Clause 3 of this Article;

e) Other reasons making it impossible to proceed with the examination of the extradition request.

Article 29. Hearing to Examine the Request for Extradition

1. Within thirty days from the date of issuing the decision to examine the request for extradition, the competent People's Court must convene a hearing to examine the request for extradition. The competent People's Court may postpone the hearing not exceeding fifteen days from the date of issuing the postponement decision in any of the following cases:

a) The Judge or Prosecutor is absent for a legitimate reason;

b) The person requested for extradition is absent for the first time for a legitimate reason.

The decision to postpone the hearing under this clause must be immediately notified to the same-level People's Procuracy and the person requested for extradition, their lawyer or lawful representative (if any).

2. The hearing to examine the request for extradition shall be conducted by one Judge and attended by one Prosecutor of the same-level People's Procuracy.

3. The hearing to examine the request for extradition shall be conducted in the following sequence:

a) The Judge presents the content of the extradition request file and states the opinion on the legal basis for extradition;

b) The Prosecutor expresses the viewpoint of the same-level People's Procuracy regarding the extradition;

c) The lawyer, lawful representative of the person requested for extradition, or other related persons present their opinions (if any);

d) The person requested for extradition presents their opinion.

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

a) Decision to extradite;

b) Decision to refuse extradition and specify the reasons.

5. Within ten days from the date of issuing the decision to extradite or the decision to refuse extradition, the competent People's Court shall send such decision to the same-level People's Procuracy, provincial-level People's Procuracy, Ministry of Public Security, the person requested for extradition, their lawyer or lawful representative (if any).

Article 30. Appeal, Supervisory Review, and Reconsideration Procedures for Decisions on Extradition or Refusal of Extradition

1. The person requested for extradition has the right to appeal within fifteen days from the date of receiving the decision to extradite or the decision to refuse extradition issued by the competent People's Court. The same-level People's Procuracy has the right to lodge a protest within fifteen days, while the provincial-level People's Procuracy has the right to lodge a protest within thirty days from the date the competent People's Court issues the decision to extradite or the decision to refuse extradition. The competent People's Court must send the extradition file and appeal, protest to the provincial-level People's Court within seven working days from the end of the appeal and protest period.

The appeal must be notified in writing by the competent People's Court to the same-level People's Procuracy and those related to the appeal within five days from the end of the appeal period.

The People's Procuracy must send the protest decision to the court of first instance, the person requested for extradition, their lawyer or lawful representative within two days from the date of issuing the protest decision.

2. Within twenty days from the date of receiving the extradition file and appeal, protest, the provincial-level People's Court shall convene a hearing to review the decision to extradite or the decision to refuse extradition of the court of first instance that was appealed or protested. The appellate review of the appeal or protest against the decision to extradite or the decision to refuse extradition shall be conducted at the hearing chaired by one Judge, with the participation of one Prosecutor of the same-level People's Procuracy, and shall be carried out in the following sequence:

a) The Judge summarizes the content of the extradition request file, the decision to extradite or the decision to refuse extradition, and the content of the appeal and protest;

b) The Judge asks the person requested for extradition whether they change, supplement, or withdraw the appeal; if so, the Judge requests the Prosecutor to present their opinion on the change, supplementation, or withdrawal of the appeal.

The Judge asks the Prosecutor whether they change, supplement, or withdraw the protest; if so, the Judge requests the person requested for extradition, their lawyer or lawful representative to present their opinion on the change, supplementation, or withdrawal of the protest;

c) The Prosecutor, the person requested for extradition, their lawyer or lawful representative express their opinions on the content of the appeal and protest; the Prosecutor expresses the viewpoint of the same-level People's Procuracy on examining the extradition request.

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

a) Not accepting the appeal or protest and maintaining the first-instance decision;

b) Amending the first-instance decision;

c) Annuling the first-instance decision and transferring the extradition request file to the competent first-instance court for reconsideration;

d) Annuling the first-instance decision and suspending the examination of the extradition request;

đ) Suspending the appellate review.

4. The decision to extradite or the decision to refuse extradition takes legal effect as follows:

a) The first-instance court's decision which is not appealed or protested becomes effective from the expiration date of the appeal and protest period;

b) The appellate court's decision becomes effective from the date of issuance.

The appellate court's decision must be sent to the first-instance court, the first-instance People's Procuracy, the same-level People's Procuracy, the Ministry of Public Security, the person requested for extradition, their lawyer or lawful representative (if any).

5. The supervisory review and reconsideration of the decision to extradite or the decision to refuse extradition shall be implemented according to the provisions of the Criminal Procedure Code. The supervisory review and reconsideration procedure shall not be applied in cases where the extradition decision has been executed.

6. The Chief Justice of the Supreme People's Court shall chair and coordinate with the Procurator General of the Supreme People's Procuracy, the Minister of Public Security, the Minister of Justice, the Minister of Defense, and the Minister of Foreign Affairs to detail this provision.

Article 31. Consideration of extradition requests from multiple countries for one person

1. In cases where the Ministry of Public Security receives extradition request files from multiple countries concerning the same person, the Ministry of Public Security shall take the lead and coordinate with the Supreme People's Court, the Supreme People's Procuracy, the Ministry of Foreign Affairs, and the Ministry of Justice to consider and decide on fulfilling the extradition request for one of the requesting countries, transferring one set of the extradition request file to the competent People's Court for consideration and decision on extradition, while also transferring one set of the extradition request file to the same-level People's Procuracy.

2. When considering extradition requests as stipulated in Clause 1 of this Article, apart from the provisions of the law, the following related factors must also be considered:

a) The nationality and last place of residence abroad of the person requested for extradition;

b) The legality and appropriateness of the extradition request;

c) The time and location of committing the crime;

d) The individual interests of the requesting countries;

đ) The severity of the crime;

e) The nationality of the victim;

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

h) The date of making the extradition request;

i) Other relevant factors.

3. In cases where extradition requests from multiple countries for one person are received after the competent People's Court has accepted a previous extradition request, based on the opinions of the Supreme People's Court, the Supreme People's Procuracy, the Ministry of Foreign Affairs, and the Ministry of Justice, the Ministry of Public Security shall issue a document requesting the People's Court that has accepted the previous extradition request file to return the extradition request file to the Ministry of Public Security for continued consideration and decision.

The People's Court that has accepted the previous extradition request file shall issue a decision to return the extradition request file to the Ministry of Public Security and remove the request from the acceptance register.

4. The Minister of Public Security shall provide detailed regulations for Clause 2 of this Article.

Article 32. Measures to prevent extradition

To ensure the implementation of extradition requests, authorized agencies of Vietnam may apply preventive measures according to the Criminal Procedure Code immediately after the People's Court issues a decision to consider the extradition request. The detention of a person in urgent circumstances before an extradition request is made shall be carried out in accordance with the provisions of Article 33 of this Law.

Article 33. Detention in urgent circumstances before an extradition request

1. In cases where a foreign country requests Vietnam to detain a person in urgent circumstances before an extradition request under an international treaty on extradition to which both Vietnam and that country are members, the Ministry of Public Security shall check the validity of the detention request document in accordance with the provisions of that international treaty.

If the detention request document is valid, the Ministry of Public Security shall immediately transfer it to the competent police agency to decide on detention and place the person in a detention facility in accordance with the provisions of this Article.

The period of detention and the content of the urgent detention request before an extradition request shall be implemented in accordance with the provisions of that international treaty.

2. In cases where a foreign country requests Vietnam to detain a person in urgent circumstances before an extradition request, but Vietnam and that country are not members of the same international treaty on extradition, the Ministry of Public Security shall check the validity of the detention request document in accordance with Clause 3 of this Article.

If the detention request document is valid, the Ministry of Public Security shall immediately transfer it to the competent police agency to decide on detention and place the person in a detention facility in accordance with the provisions of this Article.

The period of urgent detention is 45 days from the date of placement in a detention facility.

3. The urgent detention request document before an extradition request as stipulated in Clause 2 of this Article shall include the following contents:

a) Date of issuance of the request;

b) Name, address, and contact information of the authorized agency of the foreign country issuing the request;

c) Reason and purpose of the request;

d) Information about the personal details and place of residence of the person requested;

đ) Information about the criminal charges mentioned in the request and the anticipated sentence for the person requested or the remaining time for the person requested to serve the sentence;

e) Summary of the case content serving as the basis for the request;

g) Information about decisions or orders issued by the authorized agency of the foreign country against the person requested;

h) Commitment to submit an official extradition request within 45 days from the date of issuance of the urgent detention request before an extradition request;

i) Commitment to compensate for losses in case of wrongful detention before an extradition request;

k) Commitment that the information and documents stated in the urgent detention request are accurate and true, collected and issued within the authority, and comply with the procedures and formalities of foreign law;

l) Commitment that the person detained in urgent circumstances before an extradition request and the person named in the procedural decisions are the same person;

m) Commitment that the person requested committed a common criminal offense, not a political crime or military-related crime as defined in international treaties to which the Socialist Republic of Vietnam is a member.

4. The authorized persons of the police agency deciding on detention and placing in a detention facility as stipulated in Clauses 1 and 2 of this Article include:

a) Heads of bureaus with authority under the Ministry of Public Security;

b) Provincial Police Directors;

c) Heads of provincial police departments with authority.

5. The authorized persons as stipulated in Clause 4 of this Article may delegate their authority to deputies to carry out urgent detention before an extradition request and placement in a detention facility when absent. The delegation decision must be in writing, clearly defining the scope, content, and duration of the delegation. Deputies receiving delegated authority must be responsible to their superiors and the law for the execution of the delegated authority. The person receiving delegated authority may not delegate this authority to another person.

6. The decision on detention and placement in a detention facility as stipulated in this Article must be documented, including one copy given to the person detained, and must clearly state the following contents:

a) Time, date, month, year of the decision;

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

c) Basis for the decision to detain, article and clause of the regulatory legal document applied; reason for detention;

d) Nationality, passport number or substitute travel document;

đ) Detention period; place of detention facility;

e) Signature, seal of the competent authority issuing the detention decision.

7. The detention facilities referred to in this Article include:

a) Detention facilities of the Ministry of Public Security;

b) Detention facilities designated by the Ministry of Public Security.

8. Rights, obligations, and treatment of persons detained in urgent cases before extradition requests are made and other related issues shall be carried out in accordance with the provisions of the law.

9. The Minister of Public Security shall provide detailed regulations on this matter.

Article 34. Simple Extradition

1. In cases where the person requested for extradition consents to being extradited abroad, based on the opinion of the Ministry of Public Security, the People's Court with jurisdiction shall consider applying or not applying the simple extradition procedure.

2. The procedures and formalities for applying the simple extradition procedure shall be implemented as follows:

a) The People's Court shall accept the extradition request dossier in accordance with Clause 1 and Clause 2 of Article 28 of this Law;

b) Within fifteen days from the date of receipt of the consent to extradition of the person requested for extradition, the People's Court shall verify that the person requested for extradition voluntarily agrees to the extradition and fully understands the legal consequences thereof;

c) Within fifteen days from the completion of the verification of the consent to extradition, the People's Court shall convene a hearing to consider the extradition request in accordance with Article 29 of this Law without having to issue a decision to consider the extradition request as provided for in Point b, Clause 4, Article 28 of this Law.

Article 35. Execution of the Extradition Decision

1. Within ten days from the date the extradition decision of the competent People's Court becomes legally effective, the President of the People's Court at the level with jurisdiction which issued the first-instance decision shall issue an execution decision on the extradition decision. The execution decision must be sent to the Ministry of Public Security, the same-level People's Procuratorate, the competent authority of the requesting country, the person to be extradited, and their lawful representative (if any). The sending of the execution decision to the requesting country shall be carried out through the Ministry of Public Security.

2. After receiving the execution decision on the extradition decision, the Ministry of Public Security shall organize its implementation according to the following procedures:

a) Directing the competent public security agency to carry out the arrest of the person to be extradited in accordance with the Criminal Procedure Code;

b) Agreeing with the requesting country on the time and location for transferring the person to be extradited;

c) Directing the transfer of the person to be extradited, documents, items, and assets in accordance with Articles 36 and 37 of this Law.

Article 36. Transfer of the Person to be Extradited

1. The competent public security agency shall organize the escort of the person to be extradited according to the agreed time and location between Vietnam and the foreign country. The escort of the person to be extradited shall be carried out in accordance with the Criminal Procedure Code.

2. The deadline for transferring the person to be extradited is thirty days from the date the execution decision on the extradition decision becomes effective. In cases of force majeure or legitimate reasons, the time and location for transferring the person to be extradited shall be negotiated and agreed upon by the Ministry of Public Security and the competent authority of the foreign country.

3. If, after the deadline specified in Clause 2 of this Article, the requesting country does not accept the person to be extradited without legitimate reasons, the Ministry of Public Security shall recommend that the President of the People's Court which issued the execution decision on the extradition decision revoke the execution decision on the extradition decision and the extradition decision, release the person to be extradited, and notify the requesting country. These decisions shall be sent to the same-level People's Procuratorate within three working days from the date of issuance.

4. The Minister of Public Security shall take the lead and coordinate with the President of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy, the Minister of Justice, the Minister of Defense, and the Minister of Foreign Affairs to provide detailed regulations on this matter.

Article 37. Transfer of Documents and Objects, assets

In cases where it is necessary to transfer documents, objects, and related assets to the requesting state for extradition purposes, the Ministry of Public Security shall transfer such documents, objects, and assets to the requesting state in accordance with international treaties to which both Vietnam and the requesting state are parties, respecting the rights of third parties at the time of extradition or at another agreed-upon time. For documents, objects, and assets that cannot be transferred and must be destroyed, the Ministry of Public Security shall notify the requesting state and request the relevant custodial agency to destroy them in accordance with Vietnamese law.

Article 38. Suspension and Resumption of Extradition Decisions

1. Where a person subject to extradition has been sentenced to serve a criminal sentence on Vietnamese territory for a crime not related to the requested extradition offense, the President of the People's Court that issued the extradition decision may suspend the execution of the extradition decision upon his own initiative or at the request of the People's Procuracy, the competent public security agency pursuing criminal responsibility, or the agency managing the enforcement of criminal sentences against the person subject to extradition. The suspension period ends when the criminal prosecution process concludes or the entire or part of the imposed sentence is completed.

The decision to suspend the execution of the extradition decision shall be sent to the Ministry of Public Security, the People's Procuracy at the same level, and the agencies specified in Clause 1 of this Article within three working days from the date of issuance. The Ministry of Public Security shall immediately notify the requesting state in writing about the suspension of the extradition decision.

2. Upon expiration of the suspension period stipulated in Clause 1 of this Article, the President of the People's Court that suspended the extradition decision shall revoke the suspension decision and resume the execution of the extradition decision; simultaneously sending the decision along with related files and documents to the Ministry of Public Security for continued execution in accordance with the agreement with the requesting state. The procedures and formalities for resuming the execution of the extradition decision shall be carried out in accordance with Articles 35, 36, and 37 of this Law.

3. The President of the Supreme People's Court shall take the lead and coordinate with the Prosecutor General of the Supreme People's Procuracy, the Minister of Public Security, the Minister of Justice, the Minister of Defense, and the Minister of Foreign Affairs to provide detailed regulations for this Article.

Article 39. Temporary Extradition

1. Where the suspension of the execution of the extradition decision as provided in Clause 1 of Article 38 of this Law impedes criminal prosecution abroad due to the statute of limitations having expired or causes significant difficulties for the prosecution of the requested extradition offense, upon the request of the requesting state through the Ministry of Public Security, based on the opinions of the People's Procuracy and the competent public security agency pursuing criminal responsibility or the agency managing the enforcement of criminal sentences against the person subject to extradition, the President of the People's Court that issued the suspension decision may issue a temporary extradition decision for the person subject to extradition to the requesting state. The execution of the temporary extradition decision shall be carried out according to the procedures and formalities prescribed in Articles 35, 36, and 37 of this Law.

2. The person temporarily extradited must be returned to Vietnam immediately after the conclusion of the criminal prosecution process in the requesting state or upon the expiration of the agreed temporary extradition period for continued prosecution or enforcement of the sentence against the person subject to extradition in Vietnam. The temporary extradition decision becomes ineffective when the person temporarily extradited is returned to Vietnam.

3. If the requesting state does not make a new extradition request, after the conclusion of the criminal prosecution or enforcement process against the person subject to extradition in Vietnam, the President of the People's Court that issued the temporary extradition decision shall continue to implement the decision to execute the extradition decision. If the requesting state makes a new extradition request, upon the request of the Ministry of Public Security, the President of the People's Court that issued the temporary extradition decision shall revoke the extradition decision and the decision to execute the extradition decision to consider and resolve the new extradition request in accordance with this Law if there are valid reasons.

Article 40. Re-extradition

In the case where a person who has been extradited evades criminal responsibility pursuit or sentence execution abroad and returns to Vietnam, the requesting state may request re-extradition of that person along with the dossier specified in Article 26 of this Law. In such cases, the People's Court that issued the first-instance decision shall issue a re-extradition decision for that person without conducting the extradition request examination procedure stipulated in Article 29 of this Law.

The enforcement of the re-extradition decision shall be carried out in accordance with Articles 35, 36, and 37 of this Law.

Article 41. Refusal of Extradition

1. The competent People's Court must refuse extradition if it falls under any of the following circumstances:

a) It does not comply with the principles stipulated in Clause 2, Article 4 of this Law;

b) The offense requested for extradition does not meet the provisions of Article 7 of this Law;

c) The person requested for extradition is a Vietnamese citizen;

d) The statute of limitations for criminal prosecution or the statute of limitations for enforcing the judgment against the person requested for extradition has expired according to Vietnamese law;

đ) The person requested for extradition has been convicted by a Vietnamese court with a final judgment or declared innocent or exempted from criminal liability or exempted from punishment for the criminal act mentioned in the extradition request or the case has been discontinued according to Vietnamese law;

e) There is a risk that the person requested for extradition will be persecuted, tortured, treated, or subjected to cruel, inhumane, or degrading punishment in the requesting state;

g) The extradition request is made based on racial, religious, gender, nationality, ethnic origin, social status, or political opinion reasons of the person requested for extradition, or because of these reasons, that person may be treated unfairly during criminal prosecution or enforcement of the judgment against them.

2. The competent People's Court may refuse extradition if it falls under any of the following circumstances:

a) The offense mentioned in the extradition request is a political or military-related offense as stipulated in international treaties to which the Socialist Republic of Vietnam is a party;

b) The person requested for extradition is being criminally prosecuted in Vietnam for the criminal act mentioned in the extradition request.

3. If there is solid evidence that the person requested for extradition falls under the mandatory refusal of extradition circumstances stipulated in Clause 1 of this Article, the Ministry of Public Security shall notify the requesting state. The Minister of Public Security shall provide detailed regulations on this matter.

Article 42. Handling Cases Where Vietnam Refuses to Extradite Vietnamese Citizens to Foreign Countries

1. In the case where Vietnam refuses to extradite Vietnamese citizens to foreign countries for criminal prosecution, if the foreign country requests, the criminal responsibility for that person shall be examined according to the Criminal Code, the Criminal Procedure Code, and laws on mutual legal assistance in criminal matters.

2. In the case where Vietnam refuses to extradite Vietnamese citizens to foreign countries for sentence execution, if the foreign country requests, the People's Court that issued the refusal of extradition decision may consider the foreign country's request to recognize and enforce at Vietnam the criminal judgment of the foreign court according to the Criminal Code, the Criminal Procedure Code, the Enforcement of Criminal Sentences Law, and laws on mutual legal assistance in criminal matters.

Article 43. Handling cases where Vietnam refuses to extradite foreigners to foreign countries

In cases where Vietnam refuses to extradite foreigners to foreign countries, if the foreign country requests criminal responsibility for such individuals, the Ministry of Public Security shall take the lead and coordinate with the Supreme People's Court and the Supreme People's Procuracy to examine and may apply the provisions of Clause 1 of Article 42 of this Law.

Chapter IV

IMPLEMENTING PROVISIONS

Article 44. Effective date of implementation

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

2. The Law on Mutual Legal Assistance No. 08/2007/QH12, which has been amended and supplemented by some articles under Law No. 81/2025/QH15, shall cease to be effective from the date this Law comes into force, except for transitional provisions set forth in Article 45 of this Law, Article 48 of the Law on Transfer of Persons Serving Sentences of Imprisonment, Clause 1 of Article 42 of the Law on Mutual Legal Assistance concerning criminal matters, and Clause 1 of Article 38 of the Law on Mutual Legal Assistance concerning civil matters.

Article 45. Transitional Provisions

Requests for extradition established or received by the Ministry of Public Security before the date this Law comes into force shall continue to be examined and resolved according to the provisions of the Law on Mutual Legal Assistance No. 08/2007/QH12, which has been amended and supplemented by some articles under Law No. 81/2025/QH15.

This Law was adopted at the tenth session of the National Assembly of the Socialist Republic of Vietnam, the fifteenth term, on November 26 2025.