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

 LAW

CRIMINAL JUDICIAL MUTUAL ASSISTANCE

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

The National Assembly enacts the Criminal Judicial Mutual Assistance Law.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

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

Article 2. Applicability

This Law applies to Vietnamese agencies, organizations, and individuals, as well as foreign agencies, organizations, and individuals related to criminal judicial mutual assistance between Vietnam and foreign countries.

Article 3. Explanation of Terms

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

1. Criminal judicial mutual assistance is the act whereby Vietnam and foreign countries, through competent state agencies, assist each other in conducting investigative activities, collecting evidence, or performing other actions aimed at serving the resolution of criminal cases and enforcement of judgments.

2. Requesting country is the country that sends requests for criminal judicial mutual assistance to be considered and supported by the requested country.

3. Requested country is the country asked to implement criminal judicial mutual assistance.

4. Request-making agency is the agency with authority under the law that proposes foreign countries to carry out criminal judicial mutual assistance to resolve criminal cases and enforce judgments.

5. Request-executing agency is the agency with authority under the law assigned to implement criminal judicial mutual assistance in Vietnam and abroad.

Article 4. Application of Law

1. Criminal judicial mutual assistance shall be carried out in accordance with the provisions of this Law; where this Law does not provide, the provisions of the criminal procedure law and other relevant laws of Vietnam shall apply.

2. The application of foreign law shall only be implemented according to the provisions of international treaties to which the Socialist Republic of Vietnam is a party.

Article 5. Principles of Criminal Judicial Mutual Assistance

1. Criminal judicial mutual assistance shall be carried out on the principle of respecting independence, sovereignty, territorial integrity, non-interference in internal affairs, equality, mutual benefit, compliance with the Constitution, laws of Vietnam, and relevant international treaties to which the Socialist Republic of Vietnam is a party.

2. Where Vietnam and a foreign country are not both members of an international treaty on criminal judicial mutual assistance, such mutual assistance shall be carried out on the principle of reciprocity but not contrary to Vietnamese law, consistent with international law and international custom.

Article 6. Central Agency of the Socialist Republic of Vietnam in Criminal Judicial Mutual Assistance

1. The Supreme People's Procuracy is the Central Agency of the Socialist Republic of Vietnam in criminal judicial mutual assistance.

2. The Central Agency of the Socialist Republic of Vietnam in criminal judicial mutual assistance has the responsibility to serve as the point of contact for information exchange, receipt, transfer, monitoring, and urging the implementation of criminal judicial mutual assistance; refuse or postpone the execution of requests for criminal judicial mutual assistance within its authority; coordinate with relevant agencies to examine and resolve requests for criminal judicial mutual assistance; propose the signing, accession, implementation of international treaties on criminal judicial mutual assistance, and perform other tasks and powers as prescribed by the law on criminal judicial mutual assistance and international treaties to which the Socialist Republic of Vietnam is a party.

Article 7. Application of Reciprocity Principle in Criminal Judicial Assistance

1. The Supreme People's Procuracy decides on receiving and processing foreign requests for criminal judicial assistance and sending Vietnam’s requests for criminal judicial assistance based on the reciprocity principle.

2. In necessary cases, the Supreme People's Procuracy shall seek opinions from the Ministry of Foreign Affairs and related agencies before making a decision.

Article 8. Language in Request Files for Criminal Judicial Assistance

1. If both Vietnam and the foreign country are members of an international treaty on criminal judicial assistance, the language in request files for criminal judicial assistance shall be the language prescribed in the international treaty.

2. If neither Vietnam nor the foreign country is a member of an international treaty on criminal judicial assistance, the request file for criminal judicial assistance must be accompanied by a translation into the language of the requested country or another language accepted by the requested country.

3. The agency issuing the request from Vietnam must translate the documents and materials specified in Clause 1 of Article 19 of this Law into the language prescribed in Clauses 1 and 2 of this Article.

Article 9. Scope of Criminal Judicial Assistance

The scope of criminal judicial assistance includes:

1. Serving, delivering, and transmitting procedural documents;

2. Searching and seizing;

3. Confiscating, returning, and disposing of evidence and property;

4. Organizing for persons from the requested country to travel to the requesting country to assist in investigations and provide evidence;

5. Organizing for authorized persons from the requesting country to travel to the requested country to be present during the execution of criminal judicial assistance;

6. Temporary transfer of persons under detention or serving a custodial sentence in the requested country to the requesting country to assist in investigations and provide evidence;

7. Taking direct statements, online statements, and other methods of collecting and providing evidence;

8. Transfer of criminal prosecution;

9. Exchange of information;

10. Other forms of assistance.

Article 10. Exemption from Apostille

Request files and results of implementing requests for criminal judicial assistance are exempt from apostille if signed and stamped by the person or authority with jurisdiction of the foreign country, except where an international treaty to which the Socialist Republic of Vietnam is a party provides otherwise.

Article 11. Safeguarding Security

1. When requesting a person to be present on the territory of the requesting country to assist in investigations and provide evidence, the requesting country must commit in writing to the following contents:

a) That person will not be held criminally responsible on the territory of the requesting country for actions committed before leaving the requested country;

b) That person will not be arrested or subjected to any other restriction of freedom on the territory of the requesting country for actions committed before leaving the requested country, except as provided in Clause 1 of Article 35 and Clause 1 of Article 37 of this Law;

c) That person does not have to provide evidence or assist in any criminal investigation activities outside the scope stated in the request for criminal judicial assistance, if that person disagrees.

2. A person who disagrees to travel to the requesting country to assist in investigations and provide evidence shall not be subject to any punishment or coercive measures.

3. A person who agrees to travel to the requesting country to assist in investigations and provide evidence shall not be held criminally responsible for their statements, except for false statements.

4. The right not to be held criminally responsible, arrested, or restricted in freedom stipulated in point a and point b of Clause 1 of this Article ceases if that person does not leave the requesting country within 15 days from the date of receipt of a written notification from the competent authority of the requesting country regarding the need for that person's presence on its territory. This period does not include time when that person cannot leave the requesting country due to force majeure reasons.

Article 12. Information Security and Limitations on Use

1. Information, documents, and evidence provided by competent authorities shall only be used for the purposes stated in the request for mutual legal assistance in criminal matters and shall not be disclosed or transferred to third parties. If information, documents, or evidence are used for purposes other than those stated in the request, prior written consent from the competent authority of the other country must be obtained.

2. Information, documents, and evidence provided by the competent authority of the requested country must ensure that they are not altered, distorted, or improperly disclosed. At the request of the requesting country or when necessary, the competent authority of the requested country shall decide on appropriate measures to secure the information.

3. In cases where it is impossible to fulfill the requirement for information security, the competent authority of the requested country must notify and specify the reasons, and discuss with the competent authority of the requesting country about alternative measures (if any).

Article 13. Transfer of Documents, Evidence, and Related Assets in Mutual Legal Assistance in Criminal Matters

1. The transfer of documents, evidence, and related assets in mutual legal assistance in criminal matters between the Supreme People's Procuracy and the requesting or executing agency in Vietnam shall be carried out in accordance with Vietnamese law.

2. The transfer of documents, evidence, and related assets in mutual legal assistance in criminal matters between the Supreme People's Procuracy and the competent authority of a foreign country shall be agreed upon by both parties, in compliance with international treaties to which both countries are members, and relevant Vietnamese and foreign laws.

Article 14. Consideration of Requests Related to Capital Punishment

1. When a foreign country requests Vietnam not to apply capital punishment or not to enforce a death sentence to implement mutual legal assistance in criminal matters, the Supreme People's Procuracy shall take the lead and coordinate with relevant agencies to issue one of the following notifications:

a) Notification that capital punishment or enforcement of a death sentence will not be applied to individuals related to the request for mutual legal assistance in criminal matters if such individuals fall under the circumstances where capital punishment or enforcement of a death sentence is not applicable according to the Penal Code;

b) Notification that a death sentence will not be enforced against individuals related to the request for mutual legal assistance in criminal matters who do not fall under the circumstances specified in point a of Clause 1 of this Article, after obtaining the opinion of the President of the Socialist Republic of Vietnam.

2. When Vietnam requests a foreign country not to apply capital punishment or not to enforce a death sentence to implement mutual legal assistance in criminal matters, the Supreme People's Procuracy shall request the foreign country to provide a written commitment regarding this matter.

3. The Chief Prosecutor of the Supreme People's Procuracy shall take the lead and coordinate with the Chief Justice of the Supreme People's Court, the Minister of Public Security, the Minister of National Defense, the Minister of Justice, and the Minister of Foreign Affairs to detail this provision.

Article 15. Costs of Implementing Requests for Mutual Legal Assistance in Criminal Matters

1. Where Vietnam and a foreign country are both members of an international treaty on mutual legal assistance in criminal matters, the costs of mutual legal assistance in criminal matters shall be implemented in accordance with the international treaty.

2. Where Vietnam and a foreign country are not both members of an international treaty on mutual legal assistance in criminal matters, unless otherwise agreed, the costs of mutual legal assistance in criminal matters shall be borne by the requested country, except for the following costs which shall be borne by the requesting country:

a) Costs for transporting persons to or from the country and expenses that such persons may be entitled to during the implementation of mutual legal assistance in criminal matters as stipulated in Clauses 4, 5, and 6 of Article 9 of this Law;

b) Costs for escorting, leading, or accompanying personnel;

c) Costs for forensic examination;

d) Costs for interpreting, translating, and copying documents;

đ) Costs for collecting evidence through video conferencing or other technical means;

e) Other incidental costs that the requested country requests the requesting country to bear.

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

Article 16. Funding for criminal judicial assistance activities

The funding for criminal judicial assistance activities shall be guaranteed from the state budget in accordance with the provisions of the State Budget Law and other relevant laws.

Article 17. Criminal judicial assistance between Vietnam and neighboring countries sharing borders

1. The agencies issuing requests and the agencies executing requests of provinces and cities sharing borders between Vietnam and foreign countries may directly carry out criminal judicial assistance as provided for in international treaties between Vietnam and foreign countries.

The People's Procuracy of provinces and cities sharing borders between Vietnam and foreign countries shall be responsible for sending and receiving criminal judicial assistance requests issued by the provinces and cities sharing borders; at the same time, they shall report to the Supreme People's Procuracy for monitoring, coordinating contacts, urging, and managing criminal judicial assistance activities.

2. The procedures and formalities for carrying out criminal judicial assistance between Vietnam and neighboring countries as stipulated in this Article shall be implemented similarly according to the provisions of Chapter II and Chapter III of this Law.

Article 18. Responsibilities of state agencies in criminal judicial assistance

1. The Supreme People's Procuracy shall uniformly manage criminal judicial assistance activities nationwide; report to the National Assembly on criminal judicial assistance work in annual reports; guide competent authorities in implementing criminal judicial assistance and perform other tasks, powers of the central agency of the Socialist Republic of Vietnam in criminal judicial assistance.

2. The Government shall cooperate with the Supreme People's Procuracy in managing criminal judicial assistance activities; direct ministries, ministerial-level agencies, and government-affiliated agencies in criminal judicial assistance activities.

3. The People's Procuracy shall exercise public prosecution rights, supervise criminal judicial assistance activities; other competent authorities conducting litigation proceedings, enforcement agencies, and other related agencies, within their respective duties and powers, shall implement criminal judicial assistance in accordance with this Law and other relevant laws.

The Chief Prosecutor of the Supreme People's Procuracy shall take the lead and coordinate with the President of the Supreme People's Court, the Minister of Public Security, the Minister of Defense, the Minister of Justice, and the Minister of Foreign Affairs to establish regulations on cooperation in performing tasks, powers, and responsibilities of the People's Procuracy and other agencies in exercising public prosecution rights and supervising criminal judicial assistance activities.

4. The Supreme People's Court, ministries, ministerial-level agencies, and government-affiliated agencies, within their respective duties and powers, shall have the responsibility to cooperate with the Supreme People's Procuracy in managing criminal judicial assistance activities.

Chapter II

REQUESTS FOR CRIMINAL JUDICIAL ASSISTANCE FROM VIETNAM

Article 19. Documents for Requests for Criminal Judicial Assistance from Vietnam

1. The documents for requests for criminal judicial assistance from Vietnam sent to foreign countries include the following:

a) The request document for criminal judicial assistance from Vietnam as prescribed in Clause 1 of Article 20 of this Law;

b) Other documents (if any).

2. The documents for requests for criminal judicial assistance from Vietnam shall be prepared in three copies, except where otherwise agreed. The language used to prepare the documents shall be as prescribed in Article 8 of this Law.

Article 20. Criminal judicial assistance request documents of Vietnam

1. The criminal judicial assistance request documents of Vietnam sent abroad must contain the following main contents:

a) Name of the requesting agency;

b) Basis for making the request;

c) Name of the central agency of the requested country;

d) Name and address of individuals or organizations related to the request;

đ) Purpose of the request;

e) Information about the criminal case or enforcement proceedings;

g) Provisions of Vietnamese law on offenses and possible penalties;

h) Contents of the request for foreign assistance;

i) Deadline for reporting the results of implementing the request (if applicable);

k) Request for confidentiality of information (if applicable).

2. The Prosecutor General shall provide detailed regulations on this matter.

Article 21. Making and Sending Requests for Criminal Judicial Assistance

1. The requesting agencies of Vietnam include:

a) Central agencies of the Socialist Republic of Vietnam in criminal judicial assistance;

b) Investigative agencies;

c) Prosecutorial agencies;

d) Courts;

đ) Criminal enforcement agencies, civil enforcement agencies;

e) Other agencies as prescribed by law.

2. When there is a need to request foreign countries to implement criminal judicial assistance, the requesting agency shall prepare a criminal judicial assistance request file in accordance with Article 19 of this Law and submit it to the Supreme People's Procuracy.

3. Within ten days from the date of receipt of the request file, the Supreme People's Procuracy shall record the case, check the validity of the file. If the file is valid, the Supreme People's Procuracy shall send the file to the competent authority of the foreign country in accordance with international treaties to which the Socialist Republic of Vietnam is a party, or transfer it to the Ministry of Foreign Affairs if Vietnam and the foreign country are not members of the same international treaty or if the international treaty to which the Socialist Republic of Vietnam is a party stipulates that the file be transferred through diplomatic channels, while informing the requesting agency. If the file is invalid, the Supreme People's Procuracy shall return the file to the requesting agency, specify the reasons, and request additional information or guidance on preparing the request again.

4. Within five working days from the date of receipt of the request file, the Ministry of Foreign Affairs shall be responsible for transferring the file through diplomatic channels to send to the competent authority of the foreign country to assist in implementation.

5. In cases where, according to international treaties to which the Socialist Republic of Vietnam is a party or according to foreign laws, the Supreme People's Procuracy must directly prepare the criminal judicial assistance request, the requesting agency shall be responsible for providing information and documents to the Supreme People's Procuracy.

6. After sending the request file to the competent authority of the foreign country, if the requesting agency finds that the request for foreign criminal judicial assistance is no longer necessary, it must immediately notify the Supreme People's Procuracy in writing so that the Supreme People's Procuracy can inform the competent authority of the foreign country about the termination of the criminal judicial assistance request.

7. The reception and transfer of documents, files may be conducted electronically in accordance with the provisions of the law.

Article 22. Supplementing Information

1. When receiving a request from a competent authority of a foreign country regarding the supplementation or clarification of information related to a criminal case, criminal proceedings, enforcement of judgments, or other content in a mutual legal assistance request on criminal matters, the Supreme People's Procuracy shall notify in writing the requesting agency to implement and specify the deadline. The requesting agency shall provide supplementary or clarifying information in writing to the Supreme People's Procuracy.

2. In cases where a foreign competent authority requests the supplementation or clarification of information related to Vietnamese laws, the Supreme People's Procuracy shall provide such information to the foreign competent authority.

3. Where necessary, the Supreme People's Procuracy shall take the lead and coordinate with the requesting agency and other relevant agencies to unify the content of the information that needs to be supplemented or clarified.

Article 23. Notification of Results of Mutual Legal Assistance Requests on Criminal Matters

1. Within five working days from the date of receipt of the results of the mutual legal assistance request on criminal matters from a foreign country, the Supreme People's Procuracy shall send the results to the requesting agency.

2. After receiving the results of the mutual legal assistance request on criminal matters, if the results are not clear or complete, the requesting agency may request the Supreme People's Procuracy to ask the foreign competent authority to supplement or clarify the information.

3. Upon receiving the request as stipulated in Clause 2 of this Article, the Supreme People's Procuracy shall request the foreign competent authority to supplement or clarify the results of the mutual legal assistance request on criminal matters.

Article 24. Legal Effectiveness of the Results of Mutual Legal Assistance Requests on Criminal Matters

The results of the mutual legal assistance request on criminal matters, provided by the foreign competent authority in accordance with the provisions of this Law, have legal effectiveness and are considered and used in the process of handling criminal cases, criminal proceedings, and enforcement of judgments in accordance with the law.

Article 25. Conclusion of Mutual Legal Assistance Requests on Criminal Matters

1. Mutual legal assistance requests on criminal matters conclude in the following cases:

a) The requesting agency has received all the results of the mutual legal assistance request on criminal matters;

b) The foreign competent authority has notified in writing that it cannot implement the mutual legal assistance request on criminal matters;

c) The requesting agency has notified in writing that the mutual legal assistance request on criminal matters is no longer necessary;

d) The Supreme People's Procuracy, the requesting agency, and other relevant agencies have agreed to conclude the mutual legal assistance request on criminal matters when there is no response from the foreign country.

2. The Chief Prosecutor of the Supreme People's Procuracy shall take the lead and coordinate with the President of the Supreme People's Court, the Minister of Public Security, the Minister of National Defense, the Minister of Justice, and the Minister of Foreign Affairs to detail this provision.

Article 26. Request for Foreign Countries to Pursue Criminal Responsibility

1. For criminal cases involving foreigners committing crimes on Vietnamese territory who have fled abroad but cannot be extradited, the agency handling the case 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. When deciding to transfer the case file, the Supreme People's Procuracy may also transfer the evidence of the case.

2. The Chief Prosecutor of the Supreme People's Procuracy shall take the lead and coordinate with the President of the Supreme People's Court, the Minister of Public Security, the Minister of National Defense, the Minister of Justice, and the Minister of Foreign Affairs to detail this provision.

Chapter III

MUTUAL LEGAL ASSISTANCE REQUESTS ON CRIMINAL MATTERS FROM FOREIGN COUNTRIES

Article 27. Documents for Foreign Criminal Judicial Assistance Requests

1. Documents for foreign criminal judicial assistance requests sent to Vietnam include the following materials:

a) The foreign criminal judicial assistance request document as stipulated in Article 28 of this Law;

b) Other documents (if any).

2. Documents for foreign criminal judicial assistance requests 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 28. Foreign Criminal Judicial Assistance Request Document

The foreign criminal judicial assistance request document sent to Vietnam must contain the following main contents:

1. Name of the requesting authority;

2. Basis for making the request;

3. Name and address of individuals and organizations related to the request;

4. Purpose of the request;

5. Information about the criminal case, enforcement proceedings; details of the criminal case, enforcement proceedings related to Vietnam; connection between individuals and organizations related to the request with the content of the criminal case, enforcement proceedings; progress in handling the criminal case, enforcement proceedings;

6. Legal provisions of the requesting country regarding offenses and possible penalties;

7. Contents requested from Vietnam for assistance;

8. Deadline for reporting the results of the request (if applicable);

9. Request for confidentiality (if applicable).

Article 29. Acceptance of Foreign Criminal Judicial Assistance Requests

1. Within ten days from the date of receipt of the request documents from the competent authority of a foreign country, the Supreme People's Procuracy shall record the documents in the registry, check their validity. If the documents are valid, the Supreme People's Procuracy shall transfer them to the implementing agency for implementation. If the documents are invalid, the Supreme People's Procuracy shall return the documents to the competent authority of the foreign country or request additional information and specify the reasons.

2. In cases where international treaties between Vietnam and foreign countries provide that criminal judicial assistance requests may be made in another language, if the documents have not been translated into Vietnamese, the Supreme People's Procuracy shall organize the translation of the documents into Vietnamese in accordance with the law. Within ten days from the date of receipt of the translation, the Supreme People's Procuracy shall process the documents as provided in Clause 1 of this Article.

3. In cases where foreign criminal judicial assistance requests are sent through other agencies, within five working days from the date of receipt of the request documents, the agency receiving the documents shall be responsible for transferring the documents to the Supreme People's Procuracy.

4. The acceptance and transfer of documents, materials, and files may be conducted electronically in accordance with the law.

Article 30. Refusal and Suspension of Execution of Foreign Criminal Judicial Assistance Requests

1. Foreign criminal judicial assistance requests shall be refused when they fall under any of the following circumstances:

a) As provided in international treaties to which the Socialist Republic of Vietnam is a party;

b) Violating the principles stipulated in Clause 1 of Article 5 of this Law;

c) Causing harm to Vietnam’s sovereignty, national security, national interests, public order;

d) Related to the prosecution of a person for an offense for which that person has already been sentenced, declared innocent, or granted amnesty or pardon in Vietnam;

đ) Related to an offense for which the statute of limitations for prosecution has expired according to Vietnamese criminal law;

e) There is evidence that the foreign criminal judicial assistance request aims to prosecute a person on grounds of race, religion, nationality, ethnic origin, political views, or because of these reasons, that person may be treated unfairly during the prosecution process.

2. Foreign criminal judicial assistance requests may be refused when they fall under any of the following circumstances:

a) There is a violation of the law but does not constitute a crime according to Vietnamese criminal law;

b) The execution of the request exceeds the capacity and conditions of the implementing agencies in Vietnam;

c) The request pertains to crimes involving politics or military areas as provided in international treaties to which the Socialist Republic of Vietnam is a party.

3. Foreign criminal judicial assistance requests may be suspended in Vietnam if their execution impedes the investigation, prosecution, trial, or enforcement proceedings in Vietnam.

4. When deciding to refuse or suspend the execution of foreign criminal judicial assistance requests as provided in Clauses 1, 2, and 3 of this Article, the Supreme People's Procuracy shall notify the competent authority of the foreign country and specify the reasons.

Article 31. Implementation of foreign criminal judicial assistance requests

1. The implementing agencies in Vietnam include:

a) Central agency of the Socialist Republic of Vietnam in criminal judicial assistance,

b) Investigative agencies;

c) Prosecutorial agencies;

d) Courts;

đ) Criminal enforcement agencies, civil enforcement agencies;

e) Other agencies as prescribed by law.

2. After completing the request, the agencies specified in points b, c, d, đ, and e of Clause 1 of this Article shall send the results of the criminal judicial assistance to the Supreme People's Procuracy. Within five working days from receiving the results, the Supreme People's Procuracy shall send the results to the competent authority of the requesting country in accordance with international treaties to which Vietnam and the requesting country are parties or through diplomatic channels.

3. In cases where the criminal judicial assistance request cannot be fulfilled or additional information or documents are required, the implementing agency shall notify the Supreme People's Procuracy in writing and specify the reasons for the Supreme People's Procuracy to inform the competent authority of the requesting country.

4. The President of the Supreme People's Procuracy shall chair and coordinate with the Chief Justice of the Supreme People's Court, the Minister of Public Security, the Minister of National Defense, the Minister of Justice, and the Minister of Foreign Affairs to provide detailed regulations on Clause 1 of this Article.

Article 32. Implementation of Requests for Serving Summons, Delivering, or Sending Summonses

1. When summoning witnesses, experts, or other relevant persons present in Vietnam to the requesting country, the competent authority of the requesting country shall send a request letter accompanied by a summons (if any) to the Supreme People's Procuracy at least ninety days before the person must appear in the requesting country. In urgent cases, the Supreme People's Procuracy may not apply this time limit.

2. The Supreme People's Procuracy shall transfer the request to the implementing agency when the following conditions are met:

a) The request relates to a criminal case or enforcement of judgment in the requesting country;

b) There is evidence that the person to be summoned is present in Vietnam.

3. The implementing agency must promptly serve, deliver, or send the summons according to the procedures and formalities prescribed by the Criminal Procedure Law or as requested in the criminal judicial assistance request. Upon completion of serving, delivering, or sending the summons, the implementing agency must immediately send a confirmation document to the Supreme People's Procuracy stating that the summons has been served, delivered, or sent, or if it could not be served, delivered, or sent, then it must specify the reasons to inform the requesting country.

Article 33. Implementation of Requests for Taking Statements Online

1. After receiving a request for taking statements online, the implementing agency shall verify the information and address of the person proposed to give statements online; obtain their consent or refusal to participate in the online statement-taking activity, and inform them of other related matters.

2. The implementing agency shall report the opinion of the person proposed to give statements online to the Supreme People's Procuracy to inform the requesting country.

3. If the person proposed to give statements online agrees and the criminal judicial assistance request meets Vietnam's requirements, the Supreme People's Procuracy shall inform the requesting country and request the provision of information about the time and place for taking statements; expenses for the person giving statements; participants in the statement-taking process at the requesting country's end; and other necessary information.

If the person proposed to give statements online disagrees or agrees with conditions attached, the Supreme People's Procuracy shall inform the requesting country.

4. If the requesting country complies with the provisions of Clause 3 of this Article, the Supreme People's Procuracy shall inform the implementing agency to proceed with implementation.

5. The President of the Supreme People's Procuracy shall chair and coordinate with the Chief Justice of the Supreme People's Court, the Minister of Public Security, the Minister of National Defense, the Minister of Justice, and the Minister of Foreign Affairs to provide detailed regulations on this Article.

Article 34. Implementation of requests for confiscation, return, and handling of evidence and property

1. Competent authorities of Vietnam shall apply procedural measures to ensure the confiscation, return, and handling of evidence and property related to criminal acts in accordance with the provisions of the Criminal Procedure Law and other relevant laws.

2. In cases where both Vietnam and another country are members of an international treaty on mutual legal assistance in criminal matters, the return of confiscated property shall be carried out in accordance with the provisions of the international treaty. Where Vietnam and another country are not both members of an international treaty on mutual legal assistance in criminal matters, or where such an international treaty to which the Socialist Republic of Vietnam is a party does not provide for it, the return of confiscated property shall be carried out according to the agreement on sharing property between Vietnam and the other country.

3. Any costs incurred during the implementation of requests for mutual legal assistance in criminal matters shall be deducted before proceeding with the agreement on sharing property between Vietnam and the other country.

4. When applying this Article, the legitimate rights and interests of persons with vested interests and obligations shall be respected and protected.

5. The Supreme People's Procuracy shall take the lead and coordinate with relevant agencies to determine the costs incurred and the agreement on sharing property between Vietnam and the other country.

Article 35. Organizing for persons in Vietnam to go abroad to assist in investigations and provide evidence

1. At the request of a competent authority of a foreign country, the Supreme People's Procuracy may organize for persons who do not fall under the provisions of Article 37 of this Law to go abroad to assist in investigations and provide evidence. If deemed necessary, the Supreme People's Procuracy shall notify the competent authority of the foreign country to continue applying measures restricting freedom for that person.

2. After reviewing the conditions committed to in writing by the competent authority of the foreign country in accordance with Article 11 of this Law, including commitments to ensure safety of life, health, living conditions, travel, and other necessary conditions, the Supreme People's Procuracy shall cooperate with the agency implementing the request to have the person specified in Clause 1 of this Article assist in investigations or provide evidence on the territory of the foreign country; inform that person about safety guarantees, living and travel conditions in the foreign country, the amount of subsistence allowance or expenses that may be received, and other related information.

3. The Supreme People's Procuracy shall immediately inform the competent authority of the foreign country of the opinion of that person. If that person agrees, the necessary procedures shall be carried out to organize for that person to go abroad to assist in investigations and provide evidence.

Article 36. Organizing for authorized persons of a foreign country to come to Vietnam to be present during the implementation of requests for mutual legal assistance in criminal matters

In cases where a competent authority of a foreign country requests Vietnam to allow the authorized person mentioned in the request for mutual legal assistance in criminal matters to be present during the implementation of the request in Vietnam, the Supreme People's Procuracy shall seek the opinion of the agency implementing the request; if agreed, the Supreme People's Procuracy shall notify the competent authority of the foreign country of the time and place for the implementation of the request for mutual legal assistance in criminal matters; if not agreed or if a situation arises that could delay the implementation of the request for mutual legal assistance in criminal matters, the Supreme People's Procuracy shall notify the competent authority of the foreign country and specify the reasons.

Article 37. Temporary transfer of persons under detention or serving a prison sentence in Vietnam to foreign countries for investigative support and evidence provision

1. Persons under detention or serving a prison sentence in Vietnam may be temporarily transferred to competent authorities of foreign countries for investigative support and evidence provision abroad. In this case, the Supreme People's Procuracy shall notify the competent authority of the foreign country to continue detaining the temporarily transferred person.

2. The competent authority of Vietnam shall only temporarily transfer persons under detention or serving a prison sentence as stipulated in Clause 1 of this Article when meeting the following conditions:

a) That person agrees with the temporary transfer for investigative support and evidence provision abroad;

b) There is a written commitment from the competent authority of the foreign country regarding ensuring safety as prescribed in Article 11 of this Law, ensuring safety of life, health, living conditions, travel, duration, method of reception, return, and other conditions related to the temporary transfer. The return of the temporarily transferred person to the competent authority of Vietnam must be carried out according to the agreed time limit.

3. The time during which the temporarily transferred person is escorted and stays abroad shall be counted towards the period of detention or the term of serving a prison sentence.

4. When the period of detention or the term of serving a prison sentence has expired or when it is deemed unnecessary to continue detaining the temporarily transferred person, the Supreme People's Procuracy shall notify the competent authority of the foreign country to release that person and ensure the conditions prescribed in Clause 2 of Article 35 of this Law for that person.

In cases where it is deemed necessary, the Supreme People's Procuracy shall notify the competent authority of the foreign country to apply other measures restricting freedom for the detained person who has been released as provided in this clause.

5. When implementing the provisions of Clause 1 of this Article, the procedures, formalities, authority; decisions, enforcement of the temporary transfer shall be carried out similarly to the regulations on extracting and escorting persons under detention or serving a prison sentence as prescribed by the criminal procedure law, enforcement of temporary detention, and other relevant laws.

6. The President of the Supreme People's Procuracy shall chair and coordinate with the Chief Justice of the Supreme People's Court, the Minister of Public Security, the Minister of National Defense, the Minister of Justice, and the Minister of Foreign Affairs to provide detailed regulations on this Article.

Article 38. Handling requests from foreign countries for criminal responsibility pursuit

1. Upon receiving files requesting from foreign countries to continue pursuing criminal responsibility against Vietnamese citizens who committed crimes abroad and are currently present in Vietnam, the Supreme People's Procuracy shall check the validity of the file and handle it as follows:

a) Transfer to the Investigation Agency of the Ministry of Public Security or the Investigation Agency of the Ministry of National Defense to conduct investigation within their jurisdiction;

b) Transfer to the Provincial People's Procuracy where the person proposed for continued criminal responsibility pursuit last resided before leaving the country or the Military Procuracy of the Military Region with jurisdiction to pursue criminal responsibility or to transfer to the Investigation Agency at the same level to conduct investigation within their jurisdiction.

2. The investigation, prosecution, and trial of cases as stipulated in Clause 1 of this Article shall be carried out in accordance with Vietnamese law.

3. During the handling of requests from foreign countries for continued criminal responsibility pursuit, if additional information or documents from abroad are needed, the agency implementing the request shall send a written request to the Supreme People's Procuracy to ask the competent authority of the foreign country to provide supplementary information or documents.

Article 39. Termination of Execution of Criminal Judicial Assistance Requests

1. The execution of criminal judicial assistance requests terminates in the following cases:

a) The Supreme People's Procuracy informs the requesting State of the results of the execution;

b) The Supreme People's Procuracy informs the requesting State that it is unable to execute the criminal judicial assistance request;

c) The requesting State informs of the termination of the criminal judicial assistance request.

2. In the case provided for in point c, Clause 1 of this Article, the Supreme People's Procuracy shall inform the executing agency to terminate the execution of the criminal judicial assistance request.

Chapter IV

IMPLEMENTING PROVISIONS

Article 40. Amendment and Supplement of Certain Articles of Related Laws

1. Amend and supplement certain articles of the Criminal Procedure Code No. 101/2015/QH13, which has been amended and supplemented by Law No. 02/2021/QH15, Law No. 34/2024/QH15, Law No. 59/2024/QH15, and Law No. 99/2025/QH15 as follows:

a) Amend and supplement point a, Clause 1, Article 148 as follows:

“a) Has requested forensic examination, valuation of assets but has not yet received results; has requested foreign States for judicial assistance but has not yet concluded according to the Criminal Mutual Legal Assistance Act;”

b) Amend and supplement Clause 3, Article 148 as follows:

“3. In the case of temporarily suspending the handling of reports of criminal offenses, prosecution recommendations, the forensic examination and asset valuation shall continue until results are obtained; judicial assistance shall continue until completion according to the Criminal Mutual Legal Assistance Act.”

c) Amend and supplement point c, Clause 1, Article 229 as follows:

“c) When having requested forensic examination, valuation of assets but has not yet received results, or has requested foreign States for judicial assistance but has not yet concluded according to the Criminal Mutual Legal Assistance Act, and the investigation period has expired. In such a case, forensic examination and asset valuation shall continue until results are obtained; judicial assistance shall continue until completion according to the Criminal Mutual Legal Assistance Act;”

d) Amend and supplement point c, Clause 1, Article 247 as follows:

“c) When having requested forensic examination, valuation of assets but has not yet received results, or has requested foreign States for judicial assistance but has not yet concluded according to the Criminal Mutual Legal Assistance Act, and the prosecution decision period has expired. In such a case, forensic examination and asset valuation shall continue until results are obtained; judicial assistance shall continue until completion according to the Criminal Mutual Legal Assistance Act;”

đ) Amend and supplement Clause 1, Article 443 as follows:

“1. The investigating agency, the agency assigned to conduct certain investigative activities, decides to temporarily suspend the investigation when having requested forensic examination, valuation of assets but has not yet received results, or has requested foreign States for judicial assistance but has not yet concluded according to the Criminal Mutual Legal Assistance Act, and the investigation period has expired. In such a case, forensic examination and asset valuation shall continue until results are obtained; judicial assistance shall continue until completion according to the Criminal Mutual Legal Assistance Act.”

e) Replace the phrase "Criminal Mutual Legal Assistance Act" with "Criminal Mutual Legal Assistance Act" at point c, Clause 3, Article 185;

g) Add the phrase "detained persons," after the phrase "forensic examiners," in Article 496.

2. Replace the phrase "Criminal Mutual Legal Assistance Act" with "Criminal Mutual Legal Assistance Act" at Clause 4, Article 32 of the Organization Law of the People's Procuracy No. 63/2014/QH13, which has been amended and supplemented by Law No. 82/2025/QH15.

3. Amend and supplement Clause 2, Article 28 of the Law on Entry into, Exit from, Transit through, and Stay of Foreigners in Vietnam No. 47/2014/QH13, which has been amended and supplemented by Law No. 51/2019/QH14 and Law No. 23/2023/QH15 as follows:

“2. The cases provided for in Clause 1 of this Article do not apply to those persons specified in Clause 1 of Article 35 and Clause 1 of Article 37 of the Criminal Mutual Legal Assistance Act.”

Article 41. Effective Date

1. This Law shall take 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 pursuant to Law No. 81/2025/QH15, shall cease to be effective from the date this Law takes effect, except for transitional provisions set forth in Clause 1 of Article 42 of this Law, Article 45 of the Extradition Law, Article 48 of the Law on Transfer of Persons Serving Sentences of Imprisonment, and Clause 1 of Article 38 of the Law on Mutual Legal Assistance in Civil Matters.

Article 42. Transitional Provisions

1. Requests for mutual legal assistance in criminal matters that are initiated or received by the Supreme People's Procuracy before the date this Law takes effect shall continue to be considered and resolved in accordance with the provisions of the Law on Mutual Legal Assistance No. 08/2007/QH12, which has been amended and supplemented by some articles pursuant to Law No. 81/2025/QH15.

2. The provision on "judicial commission" in the field of criminal matters pursuant to Clause 1 of Article 6 of the Law on Mutual Legal Assistance No. 08/2007/QH12, which has been amended and supplemented by some articles pursuant to Law No. 81/2025/QH15, in current legal regulations shall be equivalent to the provision on "requests for mutual legal assistance in criminal matters" as stipulated in this Law.

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