Decree 49/2026/TT-BCA Detailing Certain Provisions of the Extradition Law in the People's Public Security Force

 

 

 

CIRCULAR
Detailed provisions for certain articles of the Extradition Law within the People's Public Security Force BASED ON THE EXTRADITION LAW No. 100/2025/QH15

 

 

BASED ON THE DECREE ON ISSUANCE OF LEGAL DOCUMENTS No. 64/2025/QH15;

AMENDED AND ENHANCED BY THE LAW No. 87/2025/QH15 BASED ON THE DECREE NO. 02/2025/NĐ-CP REGULATING THE FUNCTION, MISSION, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF PUBLIC SECURITYAMENDED AND ENHANCED BY THE DECREE No. 11/2025/NĐ-CP;;

IN ACCORDANCE WITH THE PROPOSAL OF THE DIRECTOR OF THE LEGAL REFORM AND ADMINISTRATIVE REFORM COUNCIL, JUSTICE, MINISTER OF PUBLIC SECURITY ISSUES THIS CIRCULAR TO PROVIDE DETAILED REGULATIONS FOR CERTAIN ARTICLES OF THE EXTRADITION LAW

WITHIN THE PEOPLE'S PUBLIC SECURITY FORCE CHAPTER I GENERAL PROVISIONS;

Article 1. Scope of application This Circular provides detailed regulations for paragraph 2 of Article 31, Articles 33 and paragraph 3 of Article 41 of the Extradition Law No. 100/2025/QH15 (hereinafter referred to as the "Extradition Law"). Article 2. Applicability.

This Circular applies to units under the Ministry of Public Security; provincial and municipal public security forces; business units under provincial and municipal public security forces with authority to conduct activities related to extradition from Vietnam to foreign countries; persons subject to temporary detention before an extradition request is made, and relevant agencies, organizations, and individuals involved in extradition from Vietnam to foreign countries.

CHAPTER II EXAMINATION OF MULTIPLE COUNTRY EXTRADITION REQUESTS FOR A SINGLE PERSON

Article 3. Examination of factors related to multiple country extradition requests for a single person as provided in paragraph 2 of Article 31 of the Extradition Law

The Legal Reform and Administrative Reform Council, Justice is the lead unit of the Ministry of Public Security on matters of extradition and has authority to examine the factors specified in paragraph 2 of Article 31 of the Extradition Law; it shall coordinate with the Foreign Affairs Bureau, Office of the Criminal Investigation Agency of the Ministry of Public Security, and relevant units under the Ministry of Public Security to examine, determine, and evaluate the following factors:

1. Determine the nationality and last place of residence abroad of the person requested for extradition as provided in Article 4 of this Circular.

2. Evaluate the legality and appropriateness of the extradition request as provided in Article 5 of this Circular.

3. Determine the location where the crime was committed in the extradition request as provided in Article 6 of this Circular.

4. Evaluate the individual interests of the requesting countries as provided in Article 7 of this Circular.

5. Determine the severity of the crime in the extradition request as provided in Article 8 of this Circular.

6. Evaluate the possibility of subsequent extraditions among the requesting countries as provided in Article 9 of this Circular.

Article 4. Determination of nationality and last place of residence abroad of the person requested for extradition

1. The nationality of the person requested for extradition shall be determined based on one of the following documents, records, or information:

a) Passport or valid citizenship document;

b) Confirmation letter from the competent authority of the requesting country;

c) Results of verification by Vietnamese functional agencies.

2. The last place of residence abroad of the person requested for extradition shall be determined based on one of the following documents, records, or information:

a) Residency file;

b) Immigration management documents;

c) Information provided by the requesting country.

3. In cases where the person requested for extradition has multiple nationalities or no nationality or cannot be determined to have a nationality, it shall be based on one of the following factors:

a) The degree of connection between the requesting country and the person requested for extradition;

b) The country where the person requested for extradition lives stably and long-term.

c) Information provided by the requesting State for extradition purposes.

3. In the event that the person requested for extradition has multiple nationalities or no nationality or his nationality cannot be determined, the decision shall be based on one of the following factors:

a) The degree of connection between the requesting State and the person requested for extradition;

b) The country where the person requested for extradition has been living permanently or stabilizing.

Article 5. Assessment of Legality and Appropriateness of Extradition Requests

1. The legality of an extradition request is evaluated based on the following factors:

a) The validity of the extradition request;

b) The criminal conduct described in the extradition request constitutes a crime under Vietnamese law;

c) The person named in the extradition request does not fall within any grounds for refusal to extradite under Vietnamese law.

2. The appropriateness of an extradition request is evaluated based on the following factors:

a) The clarity of the information contained in the extradition request;

b) The feasibility of pursuing criminal responsibility or executing a sentence;

c) The commitment of the requesting country to ensure respect for human rights.

Article 6. Determination of the Place Where the Crime was Committed in an Extradition Request

In cases where the crime is committed in multiple countries, the place where the crime was committed in the extradition request shall be determined based on the following factors:

1. The location where the main consequences of the criminal conduct arose.

2. The location where most of the evidence was discovered and collected.

3. The location that offers the best conditions for criminal proceedings.

4. The location where the criminal conduct ended, achieving its purpose.

Article 7. Assessment of Individual Benefits of Requesting Countries for Extradition

The individual benefits of requesting countries for extradition are evaluated based on the following factors:

1. Practical experience in political, diplomatic, economic relations, international cooperation in law and crime prevention with Vietnam.

2. Nature and extent of the impact of the criminal conduct on the requesting country.

3. Ability to cooperate in criminal judicial matters with Vietnam.

Article 8. Determination of the Severity of the Crime in an Extradition Request

The severity of the crime in an extradition request is determined based on the following factors:

1. The sentencing framework under the law of the requesting country.

2. The nature and degree of danger of the criminal conduct.

3. The consequences of the criminal conduct.

Article 9. Assessment of Future Extradition Possibilities Between Requesting Countries

The assessment of future extradition possibilities between requesting countries is based on the following factors:

1. International treaties among the requesting countries.

2. Written commitments by the requesting country.

3. Practical experience in mutual extradition cooperation.

Article 10. Evaluation and Synthesis of Factors When Considering Extradition Requests from Multiple Countries for One Person

1. When considering multiple extradition requests for one person, units under the Ministry of Public Security as specified in Paragraph 2 of Circular 3 of this Decree shall comprehensively evaluate and synthesize all factors prescribed in Article 31, Paragraph 2 of the Extradition Law.

2. When evaluating each factor prescribed in Article 31, Paragraph 2 of the Extradition Law to select a solution that meets the extradition request of one specific country, the Department of Legal Affairs and Administrative Reform, Justice shall take the lead, coordinate with units under the Ministry of Public Security as specified in Paragraph 2 of Circular 3 of this Decree to evaluate each factor according to the following criteria:

a) The requesting country for its own citizens or those who last resided in that country;

b) The requesting country whose request is both legal and appropriate;

c) The requesting country where most of the criminal conduct occurred or where the most serious consequences occurred;

d) The requesting country that best serves its own interests;

e) The requesting country for more serious crimes or those with higher sentencing ranges;

f) The requesting country where the victim is a citizen or the country with the highest number of victims;

g) The requesting country that commits to extraditing the person being extradited to a third party after completing judicial proceedings in its own country;

h) The country that submitted the extradition request earlier;

i) The requesting country that is also a member state of bilateral or multilateral international treaties with Vietnam.

Chapter III MAINTAINING PERSONS IN URGENT CASES PRIOR TO REQUEST FOR EXtradition

Article 11. Receipt of request to maintain persons in urgent cases prior to request for extradition

1. The request to maintain persons in urgent cases prior to the request for extradition as provided in Article 33 of the Extradition Law is received through diplomatic channels, the International Criminal Police Organization (INTERPOL), or the Department of Foreign Affairs of the Ministry of Public Security.

2. Upon receipt of the request to maintain persons in urgent cases prior to the request for extradition, the Department of Legal Affairs and Administrative Reform, Justice cooperates with the Office of the Investigative Bureau of the Ministry of Public Security to verify the validity of the request according to Article 33(3) of the Extradition Law and this Circular; it coordinates with relevant units within the Ministry of Public Security and the public security organs in provinces and cities to determine the location of the person requested for urgent maintenance prior to the extradition request.

Article 12. Verification of the validity of requests to maintain persons in urgent cases prior to request for extradition

1. The Department of Legal Affairs and Administrative Reform, Justice cooperates with the Office of the Investigative Bureau of the Ministry of Public Security to verify the validity of the document requesting maintenance of persons in urgent cases prior to the request for extradition as provided in Article 33(3) of the Extradition Law.

2. In the event that the request is valid and after determining the location of the person requested for urgent maintenance, the Department of Legal Affairs and Administrative Reform, Justice immediately notifies the competent authority as specified in Article 33(4) of the Extradition Law and this Circular to issue a decision on maintaining the person and placing them in a detention facility.

Article 13. Competent authorities and delegation of decisions for maintenance of persons in urgent cases prior to request for extradition

1. The Director of the Department of Security, the Chief of the Office of the Investigative Bureau of the Ministry of Public Security, the Director of the Department of Criminal Investigation of Social Order, the Director of the Department of Criminal Investigation of Corruption, Economic Crime, Smuggling, the Director of the Department of Criminal Investigation of Narcotics, and other relevant directors have the authority to make decisions on maintaining persons and placing them in a detention facility for particularly serious cases or individuals who are exceptionally dangerous. The detention facility managing such individuals is the nearest available facility where the individual was discovered.

2. The Director of Public Security at the provincial or municipal level; the Chief of the Department of Security, the Chief of the Office of the Investigative Bureau, the Chief of the Department of Criminal Investigation of Social Order, the Chief of the Department of Criminal Investigation of Corruption, Economic Crime, Smuggling and Environment, and the Chief of the Department of Criminal Investigation of Narcotics at the provincial or municipal public security bureau have the authority to make decisions on maintaining persons and placing them in a detention facility for individuals discovered within their jurisdiction. The detention facility managing such individuals is the nearest available facility where the individual was discovered.

3. The delegation of decision-making authority for maintenance of persons in urgent cases prior to request for extradition and placement in a detention facility is carried out according to Article 33(5) of the Extradition Law.

Article 14. Maintenance of persons and placement in a detention facility

1. After the competent authority as specified in this Circular issues a decision on maintaining a person and placing them in a detention facility, the authorized public security forces carry out the maintenance and placement according to the law.

2. The enforcement officer informs the detained individual of their rights and obligations under the law.

3. The decision is immediately sent to the Department of Legal Affairs and Administrative Reform, Justice for notification to the requesting country and the diplomatic mission representing the country of which the detained individual is a national.

Article 15. Detention Period and Cancellation of Emergency Detention Measures Before Extradition Request

1. Where the detention period of forty-five days from the date of detention and placement in a place of accommodation has expired, and Vietnam does not receive an extradition request from the foreign country, the authority specified in Clause 4 of Article 33 of the Extradition Law and this Circular decides to release the person detained under emergency circumstances before an extradition request is made and immediately notifies the Department of Legal System and Administrative Reform, Justice.

2. After receiving the notification of release from detention under emergency circumstances before an extradition request, the Department of Legal System and Administrative Reform, Justice coordinates with the Department of Foreign Affairs and relevant units within the Ministry of Public Security to inform the requesting country about the release of the detained person.

Article 16. Rights, Statuses, and Obligations of Persons Detained Under Emergency Circumstances Before Extradition Request

The rights, obligations, statuses, and other related matters of persons detained under emergency circumstances before an extradition request shall be implemented in accordance with the provisions of the law on managing foreign nationals in places of accommodation.

Chapter IV BASIS FOR DETERMINING THE EXTRADITION REQUESTED PERSON AS A CASE OF NECESSARY REFUSAL TO EXTRADITE

Article 17. Determination of Vietnamese Nationality of the Extradition Requested Person

1. Where the extradition requested person has two or more nationalities, or where there is evidence that the extradition requested person may be a Vietnamese citizen, the Department of Legal System and Administrative Reform, Justice shall take the lead in coordinating with the Administration for Public Security Management of Social Order, the Administration for Exit-Entry Management, and units within the Ministry of Public Security as specified in Clause 3 of this Circular to determine the Vietnamese nationality of the extradition requested person within fifteen days from the date of receipt of the extradition request.

2. Where it is determined that the extradition requested person has a Vietnamese nationality, the Department of Legal System and Administrative Reform, Justice shall notify the requesting country in accordance with the provisions of Article 19 of this Circular.

Article 18. Determination of Criminal Liability追溯时效或判决执行期限对被请求引渡人的适用

The determination of criminal liability追溯时效 or execution period for a person requested for extradition shall be made in accordance with the provisions of Vietnamese law to serve as the basis for issuing a refusal to extradite notification.

Article 19. Notification of Refusal to Extradite

Where there is sufficient evidence to determine that the person requested for extradition falls under the circumstances requiring refusal to extradite as specified in Clause 1 of Article 41 of the Extradition Law, the Department of Legal System and Administrative Reform, Justice shall report to the leadership of the Ministry of Public Security and send a notification to the requesting country.

Chapter V CONDITIONS FOR IMPLEMENTATION

Article 20. Effectiveness of Implementation

This Circular takes effect from July 1, 2026.

Article 21. Responsibilities for Implementation

1. The Department of Legal System and Administrative Reform, Justice shall be responsible for coordinating with relevant units within the Ministry of Public Security to guide, monitor, inspect, and urge the implementation of this Circular.

2. Heads of units within the Ministry of Public Security, Directors of Provincial Public Security Bureaus, and relevant organizations and individuals are responsible for implementing this Circular.

3. In the course of implementing this Circular, if any difficulties arise, units within the Ministry of Public Security and provincial public security bureau directors shall report to the Ministry of Public Security (through the Department of Legal System and Administrative Reform, Justice) for timely guidance and resolution.