LAW ON TRANSFER OF PERSONS SERVING PRISON SENTENCES NO. 101/2025/QH15

LAW

TRANSFER OF PERSONS CURRENTLY SERVING PRISON SENTENCES

Pursuant to the Constitution of the Socialist Republic of Vietnam amended and supplemented by Resolution No. 203/2025/QH15;

The National Assembly enacts the Law on Transfer of Persons Currently Serving Prison Sentences.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates the principles, authorities, conditions, procedures, and formalities for transferring persons currently serving prison sentences between Vietnam and foreign countries; the responsibilities of Vietnamese state agencies in transferring persons currently serving prison sentences.

Article 2. Applicability

This Law applies to Vietnamese agencies, organizations, and individuals, and foreign agencies, organizations, and individuals related to the transfer of persons currently serving prison sentences between Vietnam and foreign countries.

Article 3. Explanation of Terms

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

1. Transfer of persons currently serving prison sentences is the act whereby Vietnam and foreign countries exchange persons currently serving prison sentences who wish to be transferred back to their home country and agree to continue serving their prison sentences based on domestic laws, international treaties, or the principle of reciprocity.

2. Persons currently serving prison sentences are those sentenced to fixed-term imprisonment or life imprisonment and are serving their sentences at detention facilities.

3. Transferring country is the country that may or has transferred persons currently serving prison sentences from its territory to the receiving country.

4. Receiving country is the country that may or has accepted persons currently serving prison sentences to continue serving their prison sentences.

5. Conversion of prison sentence is the act whereby the People's Court with jurisdiction in Vietnam decides to convert the prison sentence in the judgment or decision of the court with jurisdiction of the foreign country that has been pronounced against persons currently serving prison sentences received in Vietnam to comply with the provisions of the Penal Code and other relevant Vietnamese laws.

Article 4. Application of law and principles for transferring persons currently serving prison sentences

1. The transfer of persons currently serving prison sentences shall be carried out in accordance with the provisions of this Law; where this Law does not provide, the provisions of criminal procedure law, enforcement of criminal penalties law, and other relevant Vietnamese laws shall apply.

2. The transfer of persons currently serving prison sentences 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, Vietnamese laws, and international treaties to which the Socialist Republic of Vietnam is a party;

b) Where Vietnam and the foreign country are not both parties to an international treaty on the transfer of persons currently serving prison sentences, the transfer shall be conducted based on the principle of reciprocity but must not contravene Vietnamese law, be consistent with international law, and conform to international custom;

c) Respect and protect the rights and legitimate interests of persons currently serving prison sentences.

Article 5. Central agency of the Socialist Republic of Vietnam for transferring persons currently serving prison sentences

1. The Ministry of Public Security is the Central Agency of the Socialist Republic of Vietnam for transferring persons currently serving prison sentences.

2. The Central Agency of the Socialist Republic of Vietnam for transferring persons currently serving prison sentences shall be responsible for being the point of contact for exchanging information and documents related to the transfer of persons currently serving prison sentences; drafting, sending, and receiving requests for the transfer of persons currently serving prison sentences; taking the lead and coordinating with ministries, sectors, and localities in examining and resolving requests for the transfer of persons currently serving prison sentences; monitoring and urging the implementation of the transfer of persons currently serving prison sentences; performing other tasks and exercising other powers as prescribed by Vietnamese laws on the transfer of persons currently serving prison sentences and international treaties to which the Socialist Republic of Vietnam is a party.

Article 6. Application of Reciprocal Principle in the Transfer of Persons Serving Sentences

1. The application of the reciprocal principle in the transfer of persons serving sentences shall be implemented when the following conditions are met:

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

b) The competent authority of the foreign country provides a written commitment regarding the implementation of Vietnam's request in similar cases. In cases where Vietnam is the requesting country, the Ministry of Public Security provides a written commitment regarding the application of the reciprocal principle;

c) It is consistent with the practical needs and requirements for cooperation in the transfer of persons serving sentences between Vietnam and foreign countries.

2. The Ministry of Public Security shall decide on the application of the reciprocal principle in the transfer of persons serving sentences based on the provisions of Clause 1 of this Article. Where necessary, the Ministry of Public Security shall seek the opinions of the Ministry of Foreign Affairs and other relevant agencies before making a decision.

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

Article 7. Time Limit for Withdrawal of Request for Transfer

1. A person serving a sentence or their lawful representative has the right to withdraw the request for transfer only before the decision to accept the person serving a sentence or the decision to transfer the person serving a sentence by the competent People's Court of Vietnam becomes effective.

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

Article 8. Language in the Transfer of Persons Serving Sentences 1. If both Vietnam and the foreign country are members of an international treaty on the transfer of persons serving sentences, the language in the transfer of persons serving sentences shall be the language specified in that international treaty.

2. If neither Vietnam nor the foreign country is a member of an international treaty on the transfer of persons serving sentences, the documents and materials requesting the transfer of persons serving sentences must be accompanied by a translation into the language of the receiving country or another language accepted by the receiving country.

3. The agency responsible for preparing the request for the transfer of persons serving sentences must translate the documents and materials into the language prescribed in Clause 1 or Clause 2 of this Article.

Article 9. Exemption from Apostille

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

Documents requesting the transfer of persons serving sentences are exempt from apostille if they are 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 10. Costs of Implementation

1. When Vietnam is the transferring country, Vietnam shall bear the costs arising from the transfer of persons serving sentences up to the time of handover, unless otherwise agreed. 1. If both Vietnam and the foreign country are members of an international treaty on the transfer of persons serving sentences, the language in the transfer of persons serving sentences shall be the language specified in that international treaty.

2. When Vietnam is the receiving country, Vietnam shall bear the costs arising from the transfer of persons serving sentences from the time of acceptance, unless otherwise agreed.

Ensuring the Work

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

Article 11. Funds 1. The budget for the work of transferring persons serving sentences shall be guaranteed by the state budget in accordance with the laws on state budget and other related laws. 1. If both Vietnam and the foreign country are members of an international treaty on the transfer of persons serving sentences, the language in the transfer of persons serving sentences shall be the language specified in that international treaty.

Persons serving sentences, their lawful representatives, organizations, individuals may voluntarily contribute or support all or part of the living expenses, travel expenses, and other expenses of persons serving sentences being transferred in accordance with the law.

Persons serving a prison sentence, their lawful representatives, and other organizations or individuals may voluntarily contribute or support all or part of the living expenses, travel costs, and other expenses of persons serving a prison sentence to be transferred in accordance with the provisions of the law.

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

Article 12. Transit of persons serving a prison sentence

1. The transit of persons serving a prison sentence through the territory of Vietnam must be notified in writing to the Ministry of Public Security for handling. The agreement or refusal of transit of persons serving a prison sentence shall be carried out in accordance with the provisions of the law.

2. In cases where transit is permitted, the country requesting the transit of persons serving a prison sentence shall be responsible for managing those persons during their transit through Vietnam and shall bear all transit costs as prescribed by Vietnamese law, except in cases where there is a different agreement.

3. In cases of air transport and emergency landing on Vietnamese territory, persons serving a prison sentence may be managed according to the provisions of Vietnamese law. The management of persons serving a prison sentence 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 the transit of persons serving a prison sentence, 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 13. Responsibilities of state agencies regarding the transfer of persons serving a prison sentence

1. The Government shall have the following responsibilities:

a) To uniformly manage the state's affairs concerning the transfer of persons serving a prison sentence;

b) To report to the National Assembly on the work of transferring persons serving a prison sentence in the annual report on the enforcement of judgments.

2. The Ministry of Public Security shall be responsible before the Government for implementing state management over the transfer of persons serving a prison sentence.

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 stipulate the application of science, technology, and digital transformation in the work of transferring persons serving a prison sentence.

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 the transfer of persons serving a prison sentence.

Courts at all levels and People's Procuracies at all levels shall perform tasks related to the transfer of persons serving a prison sentence in accordance with this Law and other relevant laws.

4. Ministries, ministerial-level agencies, and other relevant agencies, within the scope of their functions and responsibilities, shall perform tasks related to the transfer of persons serving a prison sentence in accordance with this Law and other relevant laws; and cooperate with the Ministry of Public Security to implement state management over the transfer of persons serving a prison sentence.

Chapter II

ACCEPTANCE OF PERSONS SERVING A PRISON SENTENCE

FROM FOREIGN COUNTRIES TO VIETNAM

Article 14. Authority to decide on accepting persons serving a prison sentence from foreign countries to Vietnam

The People's Court of the locality where the last place of habitual residence in Vietnam of the person serving a prison sentence abroad who is proposed for transfer is located shall have the authority to decide on accepting persons serving a prison sentence from foreign countries to Vietnam. In cases where the last place of habitual residence in Vietnam of the person proposed for transfer cannot be determined or the person proposed for transfer does not have a habitual residence in Vietnam, the People's Court of District 1 - Hanoi shall have the authority to decide on accepting persons serving a prison sentence from foreign countries to Vietnam.

Article 15. Conditions for accepting persons serving custodial sentences abroad to return to Vietnam

1. Persons serving custodial sentences abroad may be accepted to return to Vietnam to continue serving their custodial sentences if they meet all of the following conditions:

a) Be a Vietnamese citizen;

b) The criminal act for which that person was convicted in the transferring country also constitutes a crime under the provisions of Vietnam's Criminal Law at the time the request for transfer of the person serving a custodial sentence was established;

c) At the time of receiving the request for transfer, the remaining period of the custodial sentence must be at least one year; in special cases, this period may be less than one year;

d) The judgment or decision against that person has become legally binding, with no pending litigation procedures;

đ) There is agreement from Vietnam in the case where the competent authority of the transferring country establishes a request for transfer, or agreement from the transferring country in the case where the Ministry of Public Security establishes a request for transfer;

e) There is consent from the person serving the custodial sentence; in the case where the person serving the custodial sentence is a minor or a person who cannot express consent due to age, health condition, and mental state, there must be consent from the lawful representative.

2. The Government shall provide detailed regulations on the special cases stipulated in point c clause 1 of this Article.

Article 16. Cases of Refusal to Accept Persons Serving Custodial Sentences Abroad to Return to Vietnam

1. The People's Court with jurisdiction shall decide to refuse to accept persons serving custodial sentences abroad to return to Vietnam if it falls under one of the following cases:

a) It does not comply with the principles provided for in clause 2 of Article 4 of this Law;

b) It does not meet one of the conditions prescribed in clause 1 of Article 15 of this Law;

c) It may harm national sovereignty, national defense, national security, public order, social safety, community health, and the interests of the State, as well as the legitimate rights and interests of agencies, organizations, and individuals in Vietnam;

d) It exceeds the capacity to meet the necessary requirements for continuing the execution of the sentence in Vietnam of the person serving the custodial sentence.

2. The Government shall provide detailed regulations on point d clause 1 of this Article.

Article 17. Documents for Requesting Transfer of Persons Serving Custodial Sentences Abroad to Return to Vietnam

1. The documents for requesting transfer of persons serving custodial sentences abroad to return to Vietnam include the following materials:

a) The request for transfer document of the Ministry of Public Security or the competent authority of the transferring country as stipulated in clause 1 of Article 18 of this Law;

b) The accompanying documents as stipulated in clause 2 of Article 18 of this Law.

2. The documents for requesting transfer of persons serving custodial sentences abroad to return to Vietnam shall be prepared in three copies, except in cases of other agreements. The language used to prepare the documents shall be as prescribed in Article 8 of this Law.

Article 18. Request for Transfer Document of Persons Serving Custodial Sentences Abroad to Return to Vietnam and Accompanying Documents

1. The request for transfer document of persons serving custodial sentences abroad to return to Vietnam must contain the following contents:

a) Date, month, year, and place of issuance of the document;

b) Basis for requesting transfer of the person serving the custodial sentence;

c) Name and address of the competent authority of Vietnam and the transferring country;

d) Information to identify personal identity, nationality, last place of residence in Vietnam (if any), and current place of serving the custodial sentence in the transferring country, legal basis for the person serving the custodial sentence meeting the conditions to be transferred;

đ) Other necessary information (if any).

2. Accompanying the request for transfer document of persons serving custodial sentences abroad are the following documents:

a) Application for transfer or document expressing the wish to be transferred or consent to the transfer of the person serving the custodial sentence or of their lawful representative;

b) Document proving Vietnamese nationality of the person serving the custodial sentence proposed for transfer according to Vietnamese law;

c) Copy of the judgment or decision of the court of the transferring country concerning the person serving the custodial sentence proposed for transfer;

d) Document regarding the enforcement of supplementary penalties (if any);

đ) Penal code of the transferring country applied to determine elements constituting the crime and the offense, provisions on punishment, and statute of limitations for the offense in the judgment;

e) Document expressing the consent of the competent authority of the transferring country in the case where the Ministry of Public Security establishes the request for transfer, or document expressing the consent to consider the request for transfer made by the Ministry of Public Security in the case where the competent authority of the transferring country establishes the request for transfer;

g) Document describing physical characteristics, fingerprints, and facial photographs of the person serving the custodial sentence proposed for transfer;

h) Document confirming the time the person serving the custodial sentence proposed for transfer has served the custodial sentence, amnesty, pardon, reduction, or exemption of the sentence in the transferring country and the remaining time to serve the custodial sentence;

i) Document related to the health status, mental state, medical records of the person serving the custodial sentence proposed for transfer, and recommendations (if any);

k) International treaty on the transfer of persons serving custodial sentences between Vietnam and the transferring country (if any);

l) Other necessary documents (if any).

3. The Government shall provide detailed regulations on clause 2 of this Article.

Article 19. Acceptance of Requests for Transfer from Persons Serving Sentences of Imprisonment Abroad

1. A Vietnamese citizen serving a sentence of imprisonment abroad or their lawful representative may submit a request for transfer to Vietnam to continue serving the sentence to one of the following authorities:

a) The competent authority of the transferring country;

b) The Vietnamese representative office in the transferring country;

c) The Ministry of Public Security.

2. Within ten days from the date of receipt of the request for transfer, the Vietnamese representative office in the transferring country shall be responsible for forwarding the request to the Ministry of Public Security. In cases specified in point c, Clause 1, Article 15 of this Law, the Vietnamese representative office in the transferring country must forward the request to the Ministry of Public Security within five days from the date of receipt of the request for transfer. Based on the request for transfer, the Ministry of Public Security will examine and establish a request for transfer in accordance with Article 20 of this Law.

The transfer of requests for transfer from the Vietnamese representative office in the transferring country to the Ministry of Public Security can be conducted electronically in accordance with the provisions of the law.

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

Article 20. Establishment of Requests for Transfer of Persons Serving Sentences of Imprisonment Abroad to Vietnam

1. The request for transfer of persons serving sentences of imprisonment abroad to Vietnam shall be established by the Ministry of Public Security or the competent authority of the transferring country.

2. Within twenty days from the date of receipt of the request for transfer, upon receiving information and documents provided by the competent authority of the transferring country, the Ministry of Public Security shall examine and decide on establishing a request for transfer of persons serving sentences of imprisonment abroad to Vietnam and send it directly or through diplomatic channels to the competent authority of the transferring country.

If the Ministry of Foreign Affairs or the Vietnamese representative office in the transferring country receives a request for transfer of persons serving sentences of imprisonment abroad to Vietnam from the Ministry of Public Security, they shall immediately forward it to the competent authority of the transferring country and notify the Ministry of Public Security in writing.

3. If the competent authority of the transferring country establishes a request for transfer of persons serving sentences of imprisonment abroad to Vietnam, it shall send it directly or through diplomatic channels to the Ministry of Public Security. If the Ministry of Foreign Affairs or the Vietnamese representative office in the transferring country receives a request for transfer of persons serving sentences of imprisonment abroad to Vietnam from the competent authority of the transferring country, they shall immediately forward it to the Ministry of Public Security for handling in accordance with this Law.

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

Article 21. Acceptance, Examination, and Transfer of Files Requesting Transfer of Persons Serving Sentences of Imprisonment Abroad to Vietnam

1. Within twenty days from the date of receipt of the request for transfer of persons serving sentences of imprisonment and accompanying documents from the competent authority of the transferring country, or from the date of receipt of the documents specified in Clause 2, Article 18 of this Law from the competent authority of the transferring country, the Ministry of Public Security shall be responsible for examining the file in accordance with Articles 17 and 18 of this Law. In cases specified in point c, Clause 1, Article 15 of this Law, the examination period for the file is seven days.

The Ministry of Public Security may request the competent authority of the transferring country to supplement information and documents. After sixty days from the date of sending the document requesting supplementation of information and documents, if no supplementary information and documents are received, the Ministry of Public Security shall return the file to the competent authority of the transferring country and specify the reasons. In cases specified in point c, Clause 1, Article 15 of this Law, the supplementation period for information and documents is twenty days.

2. If the file requesting transfer meets the requirements set out in Articles 17 and 18 of this Law, the Ministry of Public Security shall immediately transfer one copy of the file to the People's Court with jurisdiction for examination and decision, while simultaneously transferring one certified copy of the file to the People's Procuracy with jurisdiction.

The transfer of documents, materials, and files can be conducted electronically in accordance with the provisions of the law.

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

Article 22. Acceptance of Requests for Transfer of Prisoners Serving Sentences Abroad to Vietnam

1. Within ten days from the date of receiving all necessary documents for requesting the transfer of prisoners serving sentences abroad to Vietnam, the competent People's Court must accept the request and notify in writing the Ministry of Public Security and the same-level People's Procuracy. If it falls under the special case stipulated in point c, Clause 1, Article 15 of this Law, the acceptance period shall be five days.

During the preparation period for considering requests for transferring prisoners serving sentences, if the request documents are incomplete in information or materials, unclear, or contradictory, the competent People's Court shall request the Ministry of Public Security to ask the competent authority of the transferring country to supplement the information and materials. The deadline for supplementing information and materials is twenty days from the date the Ministry of Public Security issues a request.

2. Within thirty days from the date of acceptance, depending on each case, the competent People's Court shall issue one of the following decisions:

a) Decision to consider the request for transferring prisoners serving sentences when all conditions prescribed by this Law are met. This decision must be sent to the person proposed for transfer, their lawyer, or their lawful representative (if any).

b) Decision to suspend the consideration of the request for transferring prisoners serving sentences as provided in Clause 3 of this Article and return the documents to the Ministry of Public Security.

If it falls under the special case stipulated in point c, Clause 1, Article 15 of this Law, the deadline for issuing one of the decisions in this clause is ten days.

These decisions in this clause must be immediately transferred to the Ministry of Public Security and the same-level People's Procuracy.

3. The People's Court that decides to suspend the consideration of the request for transferring prisoners serving sentences shall do so in one of the following cases:

a) Not within its jurisdiction;

b) The competent authority of the transferring country withdraws the transfer request;

c) The prisoner serving the sentence or their lawful representative withdraws the request for transfer;

d) The competent authority of the transferring country fails to supplement information and materials within the time limit specified in Clause 1 of this Article;

đ) Other reasons making it impossible to proceed with the consideration of the transfer request.

4. Within thirty days from the date of issuing the decision to consider the transfer request, the competent People's Court must convene an initial hearing to consider the transfer request. If it falls under the special case stipulated in point c, Clause 1, Article 15 of this Law, the deadline for convening the initial hearing to consider the transfer request is ten days.

Article 23. Initial Hearing to Consider Requests for Transfer of Prisoners Serving Sentences Abroad to Vietnam

1. The initial hearing to consider the transfer request shall be conducted by one Judge, with the participation of one Prosecutor from the same-level People's Procuracy, and shall follow the following procedures:

a) The Judge presents the content of the transfer request documents and states the legal basis for the transfer;

b) The Prosecutor expresses the viewpoint of the People's Procuracy regarding the transfer;

c) The lawyer or lawful representative of the person proposed for transfer may present their opinions (if any).

2. Based on the results of the initial hearing, the Judge shall issue one of the following decisions:

a) Decision to accept the prisoner serving the sentence and clearly state the criminal charge and the remaining term of imprisonment the accepted person must serve in Vietnam. In this case, the Judge considers and decides on the conversion of the prison sentence (if applicable); the conversion of the prison sentence shall be carried out according to the provisions of Article 25 of this Law;

b) Decision to refuse to accept the prisoner serving the sentence and clearly state the reasons.

3. Within ten days from the date of issuing the decision to accept or refuse to accept the prisoner serving the sentence, the competent People's Court must send the decision to the same-level People's Procuracy, provincial-level People's Procuracy, the Ministry of Public Security, the person proposed for transfer, their lawyer, or their lawful representative (if any). If it falls under the special case stipulated in point c, Clause 1, Article 15 of this Law, the deadline for the competent People's Court to send the decision to accept or refuse to accept is five days.

Article 24. The appellate hearing to review the decision on acceptance or rejection of acceptance

1. The person proposed for transfer or their lawful representative has the right to appeal within fifteen days from the date of receipt of the acceptance decision or the refusal decision of 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 acceptance decision or the refusal decision. In cases specified in point c, Clause 1, Article 15 of this Law, the appeal period and the same-level People's Procuracy's protest period shall be seven days, and the provincial-level People's Procuracy's protest period shall be fifteen days.

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 primary court, the person proposed for transfer, or their lawful representative within two days from the date of issuing the protest decision.

The competent People's Court must send the file and appeal, protest to the provincial-level People's Court with jurisdiction within seven days from the end of the appeal and protest period.

2. Within twenty days from the date of receipt of the file and appeal, protest, the provincial-level People's Court convenes an appellate hearing to review the primary court's acceptance or refusal decision that has been appealed or protested. In cases specified in point c, Clause 1, Article 15 of this Law, the provincial-level People's Court's time to convene an appellate hearing is seven days.

3. The appellate hearing is conducted by one Judge, with the participation of one Prosecutor from the same-level People's Procuracy, and follows the following procedure:

a) The Judge presents a summary of the content of the file requesting the transfer of a person serving a prison sentence abroad to Vietnam, the acceptance or refusal decision, the content of the appeal, and protest;

b) The Judge asks the lawful representative of the person proposed for transfer whether there is any change, addition, withdrawal of the appeal; if there is, the Judge requests the Prosecutor to present their opinion on the change, addition, or withdrawal of the appeal.

The Judge asks the Prosecutor whether there is any change, addition, withdrawal of the protest; if there is, the Judge requests the lawyer or the lawful representative of the person proposed for transfer to present their opinion on the change, addition, or withdrawal of the protest;

c) The Prosecutor, lawyer, and lawful representative of the person proposed for transfer express their opinions on the content of the appeal and protest; the Prosecutor expresses the viewpoint of the People's Procuracy regarding the resolution of the appeal and protest.

4. Based on the results of the appellate hearing, the Judge makes one of the following decisions:

a) Not accepting the appeal and protest and maintaining the primary decision;

b) Amending the primary decision;

c) Annuling the primary decision and transferring the file to the competent People's Court for reconsideration;

d) Annuling the primary decision and suspending the examination of the transfer request according to Clause 3, Article 22 of this Law;

đ) Suspending the appellate examination.

5. The acceptance or refusal decision takes legal effect including:

a) The primary court's decision not appealed or protested becomes effective from the day the appeal and protest period expires;

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

The appellate court's decision must be immediately sent to the primary court, the same-level People's Procuracy, the same-level People's Procuracy, the person proposed for transfer, the lawyer, or their lawful representative (if any).

Article 25. Conversion of Imprisonment Sentences

1. In cases where the imprisonment sentence pronounced by the court of the transferring state in the judgment or decision does not comply with the provisions of the Penal Code and other laws of Vietnam, it must be converted to be in compliance.

2. The conversion of imprisonment sentences must be based on the circumstances of the case stated in the judgment or decision pronounced by the court of the transferring state.

3. The converted imprisonment sentence shall not be more severe than the original sentence pronounced by the court of the transferring state in terms of nature and duration. The time served in the transferring state shall be deducted from the time to be served in Vietnam.

4. A person serving an imprisonment sentence who is received back to Vietnam shall not be sentenced again for the crime already pronounced in the judgment or decision of the court of the transferring state.

5. 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 26. Execution of Decisions to Receive Persons Serving Imprisonment Sentences

1. Within ten days from the date the decision to receive persons serving imprisonment sentences of the People's Court becomes effective, the Chief Justice of the People's Court that issued the first-instance decision must issue a decision to execute the decision to receive. If it falls under the special circumstances stipulated in point c, Clause 1, Article 15 of this Law, the deadline for issuing the decision to execute the decision to receive is five days. The decision to execute the decision to receive takes effect from the date of issuance.

2. The decision to execute the decision to receive must be sent to the same-level People's Procuracy, the Ministry of Public Security, the competent authority of the transferring state, and the person to be transferred or their lawful representative.

3. The Ministry of Public Security shall notify in writing the competent authority of the transferring state and organize the reception process. The reception of persons serving imprisonment sentences must be carried out within forty-five days from the date the decision to execute the decision to receive becomes effective, except in cases of agreement otherwise. If it falls under the special circumstances stipulated in point c, Clause 1, Article 15 of this Law, the deadline for receiving persons serving imprisonment sentences is fifteen days.

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

Article 27. Cancellation of Decisions to Receive Persons Serving Imprisonment Sentences, Decisions to Execute Decisions to Receive Persons Serving Imprisonment Sentences

1. The decision to receive persons serving imprisonment sentences that has not yet taken legal effect shall be canceled in the following cases:

a) The person serving an imprisonment sentence or their lawful representative withdraws the application for transfer or expresses in writing their unwillingness to be transferred;

b) The transferring state withdraws its request for transfer;

c) The person serving an imprisonment sentence dies or escapes from the transferring state;

d) Other cases where the reception of persons serving imprisonment sentences cannot be implemented.

2. The decision to receive persons serving imprisonment sentences that has taken legal effect shall be canceled in the following cases:

a) Cases stipulated in points b, c, and d of Clause 1 of this Article;

b) The decision to execute the decision to receive persons serving imprisonment sentences is canceled.

3. The decision to execute the decision to receive persons serving imprisonment sentences shall be canceled in the following cases:

a) Cases stipulated in point a of Clause 2 of this Article;

b) The person handed over by the competent authority of the transferring state is not the person specified in the decision to receive;

c) The competent authority of the transferring state fails to hand over the person to be transferred at the agreed time and place without a legitimate reason, or the reception is not carried out within the deadline prescribed in Clause 3 of Article 26 of this Law.

4. Within five working days from the date of receipt of the notification from the Ministry of Public Security, the Chief Justice of the competent People's Court shall cancel the decision to receive persons serving imprisonment sentences stipulated in Clause 1 and Clause 2 of this Article; cancel the decision to execute the decision to receive persons serving imprisonment sentences stipulated in Clause 3 of this Article. These decisions take effect from the date of issuance and must be immediately sent to the same-level People's Procuracy, the Ministry of Public Security, the competent authority of the transferring state, and the person serving an imprisonment sentence or their lawful representative.

5. The consideration of requests for transfer of persons serving imprisonment sentences in the cases stipulated in point a and point b of Clause 1, point c of Clause 3 of this Article may only be conducted at least three years after the decision to cancel the decision to receive persons serving imprisonment sentences, the decision to execute the decision to receive persons serving imprisonment sentences takes legal effect.

Article 28. Reception person to be transferred

1. The Ministry of Public Security shall organize the reception of the person to be transferred at the time and place agreed in writing with the competent authority of the transferring state.

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

Article 29. Continuing to Serve Prison Sentences in Vietnam

1. The continuation of serving prison sentences in Vietnam for individuals transferred shall be carried out in accordance with Vietnamese laws.

2. Upon receiving notifications regarding decisions on amnesty, pardon, reduction, or commutation of sentences, early release on parole, or other judicial decisions from the transferring country concerning individuals serving prison sentences received in Vietnam, the Ministry of Public Security must immediately notify the competent authority for examination and decision in accordance with relevant laws.

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

Article 30. Notification of the Execution Status of Prison Sentences for Individuals Serving Prison Sentences Received in Vietnam

The Ministry of Public Security shall immediately notify in writing the competent authority of the transferring country about the execution status of prison sentences for individuals serving prison sentences received in Vietnam in any of the following cases:

1. The individual serving a prison sentence is temporarily suspended from serving the sentence, exempted or reduced from serving the sentence, granted amnesty or pardon, released early on parole, or is being pursued for criminal responsibility for another crime;

2. The individual serving a prison sentence has completed the prison sentence;

3. The individual serving a prison sentence has escaped from the detention facility;

4. The individual serving a prison sentence has died before completing the prison sentence;

5. The competent authority of the transferring country requests information about the execution status of the individual received in Vietnam.

Chapter III

TRANSFER OF PERSONS CURRENTLY SERVING PRISON SENTENCES

FOR FOREIGN COUNTRIES

Article 31. Authority to Decide on Transferring Individuals Serving Prison Sentences in Vietnam to Foreign Countries

The People's Court in the area where the foreign national is serving a prison sentence has the authority to decide on transferring individuals serving prison sentences in Vietnam to foreign countries.

Article 32. Conditions for Transferring Individuals Serving Prison Sentences in Vietnam to Foreign Countries

1. Individuals serving prison sentences in Vietnam may be transferred to foreign countries to continue serving their sentences if they meet all of the following conditions:

a) They are citizens of the receiving country or are persons permitted to reside indefinitely in the receiving country or have been agreed to be accepted by the receiving country;

b) The criminal act for which they were sentenced in Vietnam also constitutes a crime under the laws of the receiving country at the time the request for transfer was made;

c) At the time of receiving the request for transfer, the remaining period of the custodial sentence must be at least one year; in special cases, this period may be less than one year;

d) They meet all the conditions stipulated in point d and point e of Clause 1, Article 15 of this Law;

đ) They have fulfilled all civil liabilities in the judgment, supplementary penalties such as fines, confiscation of property, and other legal responsibilities according to the law, or have received support from the receiving country, organizations, or individuals to fulfill these legal responsibilities, or the receiving country has committed to ensuring that the individual serving a prison sentence will fulfill these legal responsibilities after being transferred back to the receiving country;

e) There is agreement from Vietnam in the case where the competent authority of the receiving country makes a request for transfer, or agreement from the receiving country in the case where the Ministry of Public Security makes a request for transfer.

2. The Government shall provide detailed regulations on the special cases stipulated in point c clause 1 of this Article.

Article 33. Cases of Refusal to Transfer Individuals Serving Prison Sentences in Vietnam to Foreign Countries

The People's Court with jurisdiction in Vietnam shall decide to refuse to transfer individuals serving prison sentences in Vietnam to foreign countries if any of the following circumstances apply:

1. It is inconsistent with the principles stipulated in Clause 2, Article 4 of this Law;

2. It does not meet one of the conditions stipulated in Clause 1, Article 32 of this Law;

3. It could harm sovereignty, national defense, national security, public order, social safety, community health, and the interests of the State, as well as the legitimate rights and interests of agencies, organizations, and individuals in Vietnam;

4. There is evidence indicating that the person to be transferred is at risk of being tortured, retaliated against, persecuted, mistreated, discriminated against, subjected to cruel, inhumane, or degrading punishment in the receiving country.

Article 34. Documents for Requesting Transfer of Persons Serving Criminal Sentences in Vietnam to Foreign Countries

1. The documents for requesting the transfer of persons serving criminal sentences in Vietnam to foreign countries shall include the following documents:

a) A request for transfer document issued by the Ministry of Public Security or the competent authority of the receiving country as stipulated in Clause 1 of Article 35 of this Law;

b) Other accompanying documents as prescribed in Clause 2 of Article 35 of this Law.

2. The documents for requesting the transfer of persons serving criminal sentences in Vietnam to foreign countries shall be prepared in three copies, except where otherwise agreed. The language used for preparing the documents shall be as prescribed in Article 8 of this Law.

Article 35. Request for Transfer of Persons Serving Criminal Sentences in Vietnam to Foreign Countries and accompanying documents 1. The request for transfer of persons serving criminal sentences in Vietnam to foreign countries must contain the following contents:

c) Name and address of the competent authority of Vietnam and the receiving country;

a) Date, month, year, and place of issuance of the document;

b) Basis for requesting transfer of the person serving the custodial sentence;

d) Information to identify personal identity, nationality, place of habitual residence in the receiving country (if any), and the place where the person is currently serving the sentence in Vietnam, legal basis for determining that the person serving the sentence meets the conditions for transfer;

b) Documents proving nationality of the receiving country or being a person permitted to reside indefinitely in the receiving country (if any);

đ) Other necessary information (if any).

2. Accompanying the request for transfer document of persons serving custodial sentences abroad are the following documents:

a) Application for transfer or document expressing the wish to be transferred or consent to the transfer of the person serving the custodial sentence or of their lawful representative;

c) A copy of the judgment or decision of the People's Court of Vietnam concerning the person serving the sentence who is requested to be transferred;

đ) The laws of the receiving country applicable to determine the elements constituting the crime and the offense, provisions on punishment, and the statute of limitations for enforcing the punishment for that offense;

d) Document regarding the enforcement of supplementary penalties (if any);

e) A document expressing the consent of the competent authority of the receiving country if the Ministry of Public Security establishes the request for transfer, or a document expressing the consent to consider the request for transfer made by the Ministry of Public Security if the competent authority of the receiving country establishes the request for transfer;

g) Other documents prescribed at points g, h, i, k, and l of Clause 2 of Article 18 of this Law.

3. The Government shall provide detailed regulations for Clause 2 of this Article.

Article 36. Receiving Applications for Transfer from Persons Serving Criminal Sentences in Vietnam

1. Foreign nationals serving criminal sentences in Vietnam or their lawful representatives may submit applications for transfer to continue serving sentences in foreign countries to one of the following authorities: b) The competent authority of the receiving country;

c) The representative office of the receiving country in Vietnam.

a) Ministry of Public Security;

2. Upon receipt of an application for transfer or a document expressing the desire for transfer of a person serving a criminal sentence or of their lawful representative, the Ministry of Public Security shall have the responsibility to receive and examine the establishment of a transfer request according to the provisions of Article 37 of this Law.

Article 37. Establishing Requests for Transfer of Persons Serving Criminal Sentences in Vietnam to Foreign Countries

1. The request for transfer of persons serving criminal sentences in Vietnam to foreign countries shall be established by the Ministry of Public Security or the competent authority of the receiving country.

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

2. Within twenty days from the date of receipt of the application for transfer, information and documents provided by the competent authority of the receiving country, the Ministry of Public Security shall examine and decide on the establishment of the request for transfer of persons serving criminal sentences in Vietnam to foreign countries and send it directly or through diplomatic channels to the competent authority of the receiving country.

In case the Ministry of Foreign Affairs or the representative of Vietnam in the receiving country receives a request for transfer of persons serving criminal sentences in Vietnam to foreign countries from the Ministry of Public Security, they shall immediately forward it to the competent authority of the receiving country and notify the Ministry of Public Security in writing.

3. In case the competent authority of the receiving country establishes the request for transfer of persons serving criminal sentences in Vietnam to foreign countries, it shall send it directly or through diplomatic channels to the Ministry of Public Security. In case the Ministry of Foreign Affairs or the representative of Vietnam in the receiving country receives a request for transfer of persons serving criminal sentences in Vietnam to foreign countries from the competent authority of the receiving country, they shall immediately forward it to the Ministry of Public Security for handling according to the provisions of this Law.

4. In case a foreign national serving a criminal sentence in a detention facility under the Ministry of National Defense, that person must be transferred to a detention facility under the Ministry of Public Security to serve the sentence before proceeding with the procedures for transferring persons serving criminal sentences.

3. In cases where the competent authority of the receiving country requests the transfer of a person serving a prison sentence in Vietnam to another country, such requests shall be sent directly or through diplomatic channels to the Ministry of Public Security. If the Ministry of Foreign Affairs or Vietnamese representative offices abroad receive requests from the competent authority of the receiving country for the transfer of a person serving a prison sentence in Vietnam to another country, they shall immediately forward these requests to the Ministry of Public Security for handling in accordance with this Law.

4. In cases where foreign nationals are serving a prison sentence at detention facilities under the Ministry of National Defense, such persons must be transferred to detention facilities under the Ministry of Public Security to serve their sentences before proceeding with the procedures for transferring persons serving a prison sentence.

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

Article 38. Acceptance, Examination, and Transfer of Files for Requesting the Transfer of Prisoners Serving Sentences in Vietnam to Foreign Countries

1. Within twenty days from the date of receipt of the request for transfer of prisoners serving sentences and accompanying documents from the competent authority of the receiving country, or from the date of receipt of the documents specified in Clause 2, Article 35 of this Law from the competent authority of the receiving country, the Ministry of Public Security shall be responsible for examining the file in accordance with Articles 34 and 35 of this Law. In cases of special circumstances as provided in Point c, Clause 1, Article 32 of this Law, the examination period is seven days.

The Ministry of Public Security may request the competent authority of the receiving country to supplement information and documents. If, within sixty days from the date of sending the request for supplementary information and documents, no supplementary information or documents are received, the Ministry of Public Security shall return the file to the competent authority of the receiving country and clearly state the reasons. In cases of special circumstances as provided in Point c, Clause 1, Article 32 of this Law, the period for supplementing information and documents is twenty days.

2. Where the file requesting the transfer meets the requirements set forth in Articles 34 and 35 of this Law, the Ministry of Public Security shall immediately transfer one copy of the file to the People's Court with jurisdiction for consideration and decision, while simultaneously transferring one certified copy of the file to the People's Procuracy with jurisdiction.

The transfer of documents, materials, and files can be conducted electronically in accordance with the provisions of the law.

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

Article 39. Acceptance of Files for Requesting the Transfer of Prisoners Serving Sentences in Vietnam to Foreign Countries

1. Within ten days from the date of receipt of all files requesting the transfer of prisoners serving sentences in Vietnam to foreign countries, the People's Court with jurisdiction must accept the case and notify in writing the Ministry of Public Security and the People's Procuracy at the same level. In cases of special circumstances as provided in Point c, Clause 1, Article 32 of this Law, the acceptance period is five days.

During the preparation period for considering the request for transfer of prisoners serving sentences, if the file requesting the transfer lacks sufficient information or documents, or has unclear points or contradictions, the People's Court with jurisdiction shall request the Ministry of Public Security to ask the competent authority of the receiving country to supplement information and documents. The period for supplementing information and documents is twenty days from the date the Ministry of Public Security sends the request.

2. Within thirty days from the date of acceptance, depending on each case, the competent People's Court shall issue one of the following decisions:

a) Decision to consider the request for transferring prisoners serving sentences when all conditions prescribed by this Law are met. This decision must be sent to the person proposed for transfer, their lawyer, or their lawful representative (if any).

b) Decision to suspend the consideration of the request for transferring prisoners serving sentences as provided in Clause 3 of this Article and return the documents to the Ministry of Public Security.

In cases of special circumstances as provided in Point c, Clause 1, Article 32 of this Law, the period for issuing one of the decisions in this clause is ten days.

These decisions in this clause must be immediately transferred to the Ministry of Public Security and the same-level People's Procuracy.

3. The People's Court that decides to suspend the consideration of the request for transferring prisoners serving sentences shall do so in one of the following cases:

a) Not within its jurisdiction;

b) The competent authority of the receiving country withdraws the request for transfer;

c) The prisoner serving the sentence or their lawful representative withdraws the request for transfer;

d) The competent authority of the receiving country does not supplement information or documents within the time limit specified in Clause 1 of this Article;

đ) Other reasons making it impossible to proceed with the consideration of the transfer request.

4. Within thirty days from the date of issuance of the decision to consider the request for transfer, the People's Court with jurisdiction must convene an initial hearing to consider the request for transfer. In cases of special circumstances as provided in Point c, Clause 1, Article 32 of this Law, the period for convening the initial hearing to consider the request for transfer is ten days.

Article 40. Initial Hearing to Consider Requests for the Transfer of Prisoners Serving Sentences in Vietnam to Foreign Countries

1. The initial hearing to consider the transfer request shall be conducted by one Judge, with the participation of one Prosecutor from the same-level People's Procuracy, and shall follow the following procedures:

a) The Judge presents the content of the transfer request documents and states the legal basis for the transfer;

b) The Prosecutor expresses the viewpoint of the People's Procuracy regarding the transfer;

c) The person proposed for transfer presents their opinion (if any);

d) The lawyer or legal representative of the person proposed for transfer presents their opinion (if any).

2. Based on the results of the initial hearing, the Judge shall issue one of the following decisions:

a) Decision on transferring prisoners serving sentences;

b) Decision on refusing to transfer prisoners serving sentences and stating the reasons.

3. Within ten days from the date of issuance of the decision to transfer or refuse to transfer prisoners serving sentences, the People's Court with jurisdiction shall send the decision to the People's Procuracy at the same level, the provincial-level People's Procuracy, the Ministry of Public Security, the person proposed for transfer, the lawyer, or the legal representative of that person (if any). In cases of special circumstances as provided in Point c, Clause 1, Article 32 of this Law, the period for the People's Court with jurisdiction to send the decision to transfer or refuse to transfer is five days.

Article 41. The appellate session reviewing the decision on transfer or the decision rejecting transfer

1. The person proposed for transfer or their lawful representative has the right to appeal within fifteen days from the date of receiving the decision on transfer or the decision rejecting transfer issued by the People's Court with jurisdiction. The People's Procuracy at the same level 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 People's Court with jurisdiction issues the decision on transfer or the decision rejecting transfer. In cases specified in point c, Clause 1, Article 32 of this Law, the time limit for appeal and the time limit for the People's Procuracy at the same level to lodge a protest is seven days, and the time limit for the provincial-level People's Procuracy to lodge a protest is fifteen days.

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 primary court, the person proposed for transfer, or their lawful representative within two days from the date of issuing the protest decision.

The competent People's Court must send the file and appeal, protest to the provincial-level People's Court with jurisdiction within seven days from the end of the appeal and protest period.

2. Within twenty days from the date of receiving the file and appeal or protest, the provincial-level People's Court shall convene an appellate session to review the decision on transfer or the decision rejecting transfer of the first-instance court that has been appealed or protested. In cases specified in point c, Clause 1, Article 32 of this Law, the time limit for the provincial-level People's Court to convene an appellate session is seven days.

3. The appellate hearing is conducted by one Judge, with the participation of one Prosecutor from the same-level People's Procuracy, and follows the following procedure:

a) The judge presents a summary of the content of the file requesting the transfer of a person serving a custodial sentence in Vietnam to another country, the decision on transfer or the decision rejecting transfer, the content of the appeal or protest;

b) The judge asks the person proposed for transfer or their lawful representative whether they wish to 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 wish to change, supplement, or withdraw the protest; if so, the judge requests the person proposed for transfer, the lawyer, or their lawful representative to present their opinion on the change, supplementation, or withdrawal of the protest;

c) The Prosecutor, the person proposed for transfer, the lawyer, and their lawful representative express their opinions on the content of the appeal or protest; the Prosecutor expresses the viewpoint of the People's Procuracy regarding the resolution of the appeal or protest.

4. Based on the results of the appellate hearing, the Judge makes one of the following decisions:

a) Not accepting the appeal and protest and maintaining the primary decision;

b) Amending the primary decision;

c) Annuling the primary decision and transferring the file to the competent People's Court for reconsideration;

d) To annul the first-instance decision and terminate the examination of the request for transfer pursuant to Clause 3, Article 39 of this Law;

đ) Suspending the appellate examination.

5. The decision on transfer or the decision rejecting transfer becomes legally binding including:

a) The primary court's decision not appealed or protested becomes effective from the day the appeal and protest period expires;

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

The appellate court's decision must be immediately sent to the primary court, the same-level People's Procuracy, the same-level People's Procuracy, the person proposed for transfer, the lawyer, or their lawful representative (if any).

Article 42. Execution of the decision on transferring a person serving a custodial sentence

1. Within ten days from the date the decision on transferring a person serving a custodial sentence of the People's Court becomes effective, the President of the People's Court which issued the first-instance decision must issue a decision to execute the decision on transfer. In cases specified in point c, Clause 1, Article 32 of this Law, the time limit for issuing the decision to execute the decision on transfer is five days. The decision to execute the decision on transfer becomes effective from the date of issuance.

2. The decision to execute the decision on transfer must be sent to the People's Procuracy at the same level, the Ministry of Public Security, the competent authority of the receiving country, and the person proposed for transfer or their lawful representative.

3. The Ministry of Public Security shall notify in writing the competent authority of the receiving country and organize the execution of the transfer. The transfer of a person serving a custodial sentence must be carried out within forty-five days from the date the decision to execute the decision on transfer becomes effective, except in cases of special agreement. In cases specified in point c, Clause 1, Article 32 of this Law, the time limit for transferring a person serving a custodial sentence is fifteen days.

4. The Government shall provide detailed regulations for Clause 3 of this Article.

Article 43. Annulment of the decision on transferring a person serving a custodial sentence, the decision to execute the decision on transferring a person serving a custodial sentence

1. The decision on transferring a person serving a custodial sentence that has not yet become legally binding shall be annulled in the following cases:

a) The person serving an imprisonment sentence or their lawful representative withdraws the application for transfer or expresses in writing their unwillingness to be transferred;

b) The receiving country withdraws its request for transfer;

c) The person serving a custodial sentence dies or flees from Vietnam;

d) Other cases where the transfer of a person serving a custodial sentence cannot be implemented.

2. The decision on transferring a person serving a custodial sentence that has become legally binding shall be annulled in the following cases:

a) Cases stipulated in points b, c, and d of Clause 1 of this Article;

b) The decision to execute the decision on transferring a person serving a custodial sentence is annulled.

3. The decision to execute the decision on transferring a person serving a custodial sentence shall be annulled in the following cases:

a) Cases stipulated in point a of Clause 2 of this Article;

b) The person to be transferred is not the person named in the decision on transferring a person serving a custodial sentence;

c) The competent authority of the receiving country does not accept the person to be transferred at the agreed time and place without a valid reason, or the transfer is not carried out within the time limit stipulated in Clause 3, Article 42 of this Law.

4. Within five working days from the date of receiving the notification from the Ministry of Public Security, the President of the competent People's Court shall annul the decision on transferring a person serving a custodial sentence as prescribed in Clause 1 and Clause 2 of this Article; annul the decision to execute the decision on transferring a person serving a custodial sentence as prescribed in Clause 3 of this Article. These decisions become effective from the date of issuance and must be immediately sent to the People's Procuracy at the same level, the Ministry of Public Security, the competent authority of the receiving country, and the person serving a custodial sentence or their lawful representative.

5. The examination of the request for transferring a person serving a custodial sentence in the cases specified in point a and point b, Clause 1, and point c, Clause 3 of this Article may only be conducted at least three years after the decision to annul the decision on transferring a person serving a custodial sentence, the decision to execute the decision on transferring a person serving a custodial sentence becomes legally binding.

Article 44. Transfer of the person to be transferred

1. The Ministry of Public Security shall organize the transfer of the person to be transferred at the time and place agreed in writing with the competent authority of the receiving country.

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

Article 45. Reviewing the judgment against the person to be transferred

A judgment rendered against a person serving a custodial sentence in Vietnam and transferred to another country may only be reviewed by the People's Court of Vietnam through the cassation or revision procedure as provided for in the Criminal Procedure Code.

Article 46. Exchanging information on the execution of sentences by the person to be transferred

1. After a person serving a custodial sentence has been transferred back to the receiving country, the Ministry of Public Security shall request the competent authority of the receiving country to provide information on the execution of the sentence of the person to be transferred according to state management requirements.

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

a) The person serving a custodial sentence is granted amnesty, commutation, pardon, conditional early release from prison, or is pursued for criminal responsibility for another crime;

b) The People's Court of Vietnam reviews the judgment rendered against the person to be transferred through the cassation or revision procedure and the legal consequences of such cassation or revision.

Chapter IV

IMPLEMENTING PROVISIONS

Article 47. Effective Date

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

2. The Law on Mutual Legal Assistance No. 08/2007/QH12, amended and supplemented by Law No. 81/2025/QH15, ceases to be effective from the date this Law comes into force, except for transitional provisions set forth in Article 48 of this Law, Article 45 of the Law on Extradition, Clause 1 of Article 42 of the Law on Mutual Legal Assistance in Criminal Matters, and Clause 1 of Article 38 of the Law on Mutual Legal Assistance in Civil Matters.

Article 48. Transitional Provisions

Requests for the transfer of persons serving custodial sentences that the Ministry of Public Security receives before this Law comes into effect shall continue to be considered and resolved in accordance with the Law on Mutual Legal Assistance No. 08/2007/QH12, which has been amended and supplemented by Law No. 81/2025/QH15.

This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the 10th Session of the 15th Legislature, on November 26, 2025.