Luật Chuyển giao người đang chấp hành án phạt tù 2025

LAW

ON TRANSFER OF SENTENCED PERSONS

Pursuant to the Constitution 2013 of the Socialist Republic of Viet Nam as amended and supplemented by Resolution No. 203/2025/QH15;

The National Assembly promulgates the Law on transfer of sentenced persons.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Law provides for principles, competence, conditions, procedures for transfer of sentenced persons between Vietnam and foreign countries; and responsibilities of Vietnamese regulatory agencies in transfer of persons serving imprisonment sentences (hereinafter referred to as sentenced persons).

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This Law applies to Vietnamese agencies, organizations and individuals, and foreign agencies, organizations and individuals related to transfer of sentenced persons between Vietnam and foreign countries.

Article 3. Interpretation of terms

For the purpose of this Law, the following terms shall be construed as follows:

1. Transfer of sentenced persons means the act whereby Vietnam and a foreign country transfer to each other a sentenced person who wishes to be transferred to the country consenting to receive the person in order to continue serving the sentence on the basis of domestic law, international treaties, or the principle of reciprocity.

2. A sentenced person means a person sentenced to a definite term of imprisonment or life imprisonment and currently serving the sentence at a prison facility.

3. Sending State means the State that may transfer or has transferred a sentenced person serving a term of imprisonment in its territory to the receiving State.

4. Receiving State means the State that may receive or has received a sentenced person to continue enforcement of the sentence.

5. Conversion of sentence means the decision by a competent People’s Court of Vietnam to convert the sentence stated in the judgment or decision of a competent foreign court imposed on a sentenced person received in Vietnam so that it conforms to the Criminal Code and other provisions of Vietnamese law.

Article 4. Application of law and principles for transfer of sentenced persons

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2. Transfer of sentenced persons shall be carried out on the basis of the following principles:

a) Respect for independence, sovereignty and territorial integrity, non-interference in each other’s internal affairs, equality and mutual benefit; conformity with The Constitution 2013, Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a member;

b) Where Vietnam and a foreign country are not both members of an international treaty on transfer of sentenced persons, transfer of sentenced persons shall be carried out on the basis of the principle of reciprocity but must not contravene Vietnamese law and must conform to international law and international practice;

c) Respect for and protection of the lawful rights and interests of sentenced persons.

Article 5. Central authority of the Socialist Republic of Vietnam for transfer of sentenced persons

1. The Ministry of Public Security is the central authority of the Socialist Republic of Vietnam for transfer of sentenced persons.

2. The central authority of the Socialist Republic of Vietnam for transfer of sentenced persons shall act as the focal point for exchange of information and documents related to transfer of sentenced persons; prepare and send requests for transfer of sentenced persons and receive requests for transfer; take charge and cooperate with ministries, sectors and local authorities to consider and resolve requests for transfer of sentenced persons; monitor and urge the implementation of transfer of sentenced persons; and perform other duties and powers in accordance with the law on transfer of sentenced persons and international treaties to which the Socialist Republic of Vietnam is a member.

Article 6. Application of the principle of reciprocity in transfer of sentenced persons

1. Application of the principle of reciprocity in transfer of sentenced persons shall be carried out when all of the following conditions are met:

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b) The competent authority of the foreign country provides a written commitment to fulfill Vietnam’s request in similar circumstances. Where Vietnam is the requesting State, the Ministry of Public Security shall provide a written commitment on application of the principle of reciprocity;

c) Conformity with practical circumstances and cooperation needs regarding transfer of sentenced persons between Vietnam and foreign countries.

2. The Ministry of Public Security shall, on the basis of Clause 1 of this Article, decide on application of the principle of reciprocity in transfer of sentenced persons. Where necessary, the Ministry of Public Security shall seek opinions from the Ministry of Foreign Affairs and relevant agencies before making the decision.

3. The Government shall elaborate this Article.

Article 7. Time limit for withdrawal of an application for transfer

1. A sentenced person or his or her lawful representative may withdraw the application for transfer only before the decision on acceptance of the sentenced person or the decision on transfer of sentenced persons issued by the competent People’s Court of Vietnam comes into force.

2. The Government shall elaborate this Article.

Article 8. Language in transfer of sentenced persons

1. Where Vietnam and a foreign country are both members of an international treaty on transfer of sentenced persons, the language used in transfer of sentenced persons shall be the language prescribed in that international treaty.

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3. The authority preparing the transfer request dossier must translate the documents and materials into the language prescribed in Clause 1 or Clause 2 of this Article.

4. The Government shall elaborate this Article.

Article 9. Exemption from consular legalization

The transfer request dossier for transfer of sentenced persons shall be exempt from consular legalization if it is signed and sealed by a competent person or authority of the foreign country, unless otherwise provided for in an international treaty to which the Socialist Republic of Vietnam is a member.

Article 10. Costs of transfer of sentenced persons

1. Where Vietnam is the sending State, Vietnam shall pay costs arising in transfer of sentenced persons up to the time of handover of the sentenced person, unless otherwise agreed.

2. Where Vietnam is the receiving State, Vietnam shall pay costs arising in transfer of sentenced persons from the time of receipt of the sentenced person, unless otherwise agreed.

3. The Government shall elaborate this Article.

Article 11. Funding for transfer of sentenced persons

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A sentenced person, his or her lawful representative, and other agencies, organizations and individuals may voluntarily contribute or provide support for all or part of living expenses, travel expenses and other expenses of the transferred person in accordance with law.

2. The Government shall elaborate this Article.

Article 12. Transit of sentenced persons

1. Transit of a sentenced person through the territory of Vietnam must be notified in writing in advance to the Ministry of Public Security for handling. Consent to or refusal of transit of a sentenced person shall be given in accordance with law.

2. Where transit is permitted, the State requesting transit of the sentenced person shall be responsible for managing that person during transit through Vietnam and shall bear all transit costs in accordance with Vietnamese law, unless otherwise agreed.

3. Where transport is by air and an unscheduled landing occurs in the territory of Vietnam, the sentenced person may be managed in accordance with Vietnamese law. Management of the sentenced person and related costs shall comply with Clause 2 of this Article.

4. Where Vietnam requests a foreign country to permit transit of a sentenced person, the Ministry of Public Security shall contact the foreign country to carry out procedures for requesting transit permission.

5. The Government shall elaborate this Article.

Article 13. Responsibilities of regulatory agencies for transfer of sentenced persons

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a) Uniformly manage state administration of transfer of sentenced persons;

b) Report to the National Assembly on transfer of sentenced persons in the annual report on enforcement of judgments.

2. The Ministry of Public Security shall be accountable to the Government for performing state administration of transfer of sentenced persons.

The Minister of Public Security shall take charge and cooperate with the Chief Justice of the Supreme People’s Court and the Procurator General of the Supreme People’s Procuracy in providing regulations on application of science and technology and digital transformation in transfer of sentenced persons.

3. The Supreme People’s Court and the Supreme People’s Procuracy shall cooperate with the Ministry of Public Security in performing state administration of transfer of sentenced persons.

People’s Courts at all levels and People’s Procuracies at all levels shall perform tasks related to transfer of sentenced persons in accordance with this Law and other relevant laws.

4. Ministries, ministerial agencies and other relevant agencies shall, within the scope of their functions and duties, perform tasks related to transfer of sentenced persons in accordance with this Law and other relevant laws; and cooperate with the Ministry of Public Security in performing state administration of transfer of sentenced persons.

Chapter II

RECEIPT OF SENTENCED PERSONS SERVING SENTENCES ABROAD INTO VIETNAM

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The regional People’s Court of the place of the last habitual residence in Vietnam of the sentenced person serving a sentence abroad who is proposed for transfer has the competence to decide on receipt of the sentenced person serving a sentence abroad into Vietnam. Where the last habitual residence in Vietnam of the person proposed for transfer cannot be determined or where the person proposed for transfer did not habitually reside in Vietnam, the Regional People’s Court No. 1 - Hanoi has the competence to decide on receipt of the sentenced person serving a sentence abroad into Vietnam.

Article 15. Conditions for receipt of sentenced persons serving sentences abroad into Vietnam

1. A sentenced person serving a sentence abroad may be received into Vietnam to continue serving the sentence when all of the following conditions are met:

a) He or she is a Vietnamese citizen;

b) The criminal act for which the person was convicted in the sending State also constitutes a criminal offence under Vietnamese criminal law at the time of preparation of the request for transfer of sentenced persons;

c) At the time of receipt of the request for transfer, the remaining term of imprisonment must be at least 1 year; in special cases, this period may be less than 1 year;

d) The judgment or decision against that person has taken legal effect and no procedural matter remains pending;

dd) Vietnam consents where the competent authority of the sending State prepares the request for transfer, or the sending State consents where the Ministry of Public Security prepares the request for transfer;

e) The sentenced person consents. Where the sentenced person is a juvenile or a person incapable of expressing consent to the transfer due to age, health condition or mental state, consent of the lawful representative is required.

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Article 16. Cases of refusal to receive sentenced persons serving sentences abroad into Vietnam

1. The competent People’s Court shall decide to refuse receipt of a sentenced person serving a sentence abroad into Vietnam if one of the following cases occurs:

a) It is inconsistent with the principles prescribed in Clause 2 Article 4 of this Law;

b) One of the conditions prescribed in Clause 1 Article 15 of this Law is not met;

c) It may be detrimental to sovereignty, national defense, national security, social order and safety, public health and the interests of the State, or the lawful rights and interests of agencies, organizations and individuals in Vietnam;

d) It exceeds the capacity to meet the necessary requirements for continued enforcement of the sentence in Vietnam with respect to the sentenced person.

2. The Government shall provide detailed provisions for Point d Clause 1 of this Article.

Article 17. Transfer request dossier for receipt of sentenced persons serving sentences abroad into Vietnam

1. The transfer request dossier for receipt of a sentenced person serving a sentence abroad into Vietnam comprises the following documents:

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b) The accompanying documents prescribed in Clause 2 Article 18 of this Law.

2. The transfer request dossier for receipt of a sentenced person serving a sentence abroad into Vietnam shall be prepared in 3 sets, unless otherwise agreed. The language used for preparing application files shall comply with the provisions of Article 8 of this Law.

Article 18. Request for transfer of sentenced persons serving sentences abroad into Vietnam and accompanying documents

1. The request for transfer of a sentenced person serving a sentence abroad into Vietnam must contain the following information:

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

b) Grounds for requesting transfer of the sentenced person;

c) Name and address of the competent authority of Vietnam and of the sending State;

d) Information identifying the person, nationality, last habitual residence in Vietnam (if any), and the place where the sentence is being served in the sending State, and legal grounds showing that the sentenced person meets the conditions for transfer;

dd) Other necessary information (if any).

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a) The application for transfer or documents showing the wish to be transferred or consent to transfer of the sentenced person or his or her lawful representative;

b) Documents proving Vietnamese nationality of the sentenced person proposed for transfer in accordance with Vietnamese law;

c) A copy of the judgment or decision of the court of the sending State in respect of the person proposed for transfer;

d) A document on enforcement of the additional penalty (if any);

dd) The legal provisions of the sending State applied to determine the constituent elements of the offence and the offence title, provisions on penalties and the limitation period for enforcement of the penalty in respect of that offence under the judgment;

e) A document showing consent of the competent authority of the sending State where the Ministry of Public Security prepares the request for transfer, or a document showing consent to consideration of the transfer request of the Ministry of Public Security where the competent authority of the sending State prepares the request for transfer;

g) Documents describing identifying characteristics, fingerprints and facial photographs of the sentenced person proposed for transfer;

h) Documents certifying the period of sentence already served by the person proposed for transfer, any general amnesty, special amnesty, remission or reduction of sentence in the sending State, and the remaining period to be served;

i) Documents relating to the health condition, mental state and medical records of the person proposed for transfer and recommendations (if any).

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l) Other necessary documents (if any).

3. The Government provides detailed provisions on Clause 2 of this Article.

Article 19. Receipt of applications for transfer from sentenced persons serving sentences abroad

1. A Vietnamese citizen serving a sentence abroad or his or her lawful representative may send an application for transfer to Vietnam in order to continue serving the sentence to one of the following authorities:

a) The competent authority of the sending State;

b) The Vietnamese representative mission in the sending State;

c) The Ministry of Public Security.

2. Within 10 days from the date of receipt of the application for transfer, the Vietnamese representative mission in the sending State shall forward the application to the Ministry of Public Security. If the case falls under the special case prescribed at Point c Clause 1 Article 15 of this Law, the Vietnamese representative mission in the sending State must forward the application to the Ministry of Public Security within 5 days from the date of receipt of the application for transfer. On the basis of the application for transfer, the Ministry of Public Security shall consider preparing a request for transfer in accordance with Article 20 of this Law.

Forwarding of the application for transfer to Vietnam from the Vietnamese representative mission in the sending State to the Ministry of Public Security may be carried out electronically in accordance with law.

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Article 20. Preparation of requests for transfer of sentenced persons serving sentences abroad into Vietnam

1. The request for transfer of a sentenced person serving a sentence abroad into Vietnam shall be prepared by the Ministry of Public Security or the competent authority of the sending State.

2. Within 20 days from the date of receipt of the application for transfer and the information and documents provided by the competent authority of the sending State, the Ministry of Public Security shall consider and decide on preparation of the request for transfer of the sentenced person serving a sentence abroad into Vietnam and shall send it directly or through diplomatic channels to the competent authority of the sending State.

Where the Ministry of Foreign Affairs or the Vietnamese representative mission in the sending State receives from the Ministry of Public Security a request for transfer of a sentenced person serving a sentence abroad into Vietnam, it shall immediately forward it to the competent authority of the sending State and notify the Ministry of Public Security in writing.

3. Where the competent authority of the sending State prepares a request for transfer of a sentenced person serving a sentence abroad into Vietnam, it shall send it directly or through diplomatic channels to the Ministry of Public Security. Where the Ministry of Foreign Affairs or the Vietnamese representative mission in the sending State receives from the competent authority of the sending State a request for transfer of a sentenced person serving a sentence abroad into Vietnam, it shall immediately forward it to the Ministry of Public Security for handling in accordance with this Law.

4. The Government shall elaborate this Article.

Article 21. Receipt, examination and transfer of transfer request dossiers for sentenced persons serving sentences abroad into Vietnam

1. Within 20 days from the date of receipt of the request for transfer of the sentenced person and accompanying documents from the competent authority of the sending State, or from the date of receipt of the documents prescribed in Clause 2 Article 18 of this Law from the competent authority of the sending State, the Ministry of Public Security shall examine the transfer request dossier in accordance with Articles 17 and 18 of this Law. If the case falls under the special case prescribed at Point c Clause 1 Article 15 of this Law, the time limit for examination of the dossier is 7 days.

The Ministry of Public Security may request the competent authority of the sending State to supplement information and documents. If no supplementary information or documents are received within 60 days from the date of sending the written request for supplementation of information and documents, the Ministry of Public Security shall return the dossier to the competent authority of the sending State and clearly state the reason. If the case falls under the special case prescribed at Point c Clause 1 Article 15 of this Law, the time limit for supplementation of information and documents is 20 days.

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Transfer of documents, materials and dossiers may be carried out electronically in accordance with law.

3. The Government shall elaborate this Article.

Article 22. Acceptance of transfer request dossiers for sentenced persons serving sentences abroad into Vietnam

1. Within 10 days from the date of receipt of the complete transfer request dossier for a sentenced person serving a sentence abroad into Vietnam, the competent regional People’s Court must accept the dossier and notify the Ministry of Public Security and the People’s Procuracy at the same level in writing. If the case falls under the special case prescribed at Point c Clause 1 Article 15 of this Law, the time limit for acceptance of the dossier is 5 days.

During the preparation period for consideration of the request for transfer of the sentenced person, where the transfer request dossier lacks information or documents, or contains unclear or contradictory points, the competent regional People’s Court shall request the Ministry of Public Security to ask the competent authority of the sending State to supplement information and documents. The time limit for supplementation of information and documents is 20 days from the date on which the Ministry of Public Security issues the written request.

2. Within 30 days from the date of acceptance, depending on the case, the competent regional People’s Court shall issue one of the following decisions:

a) A decision on consideration of the request for transfer of the sentenced person where all conditions prescribed by this Law are met. This decision must be sent to the person proposed for transfer, his or her lawyer or lawful representative (if any);

b) A decision to terminate consideration of the request for transfer of the sentenced person in accordance with Clause 3 of this Article and to return the dossier to the Ministry of Public Security.

If the case falls under the special case prescribed at Point c Clause 1 Article 15 of this Law, the time limit for issuing one of the decisions prescribed in this Clause is 10 days.

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3. The regional People’s Court shall decide to terminate consideration of the request for transfer of the sentenced person where one of the following cases occurs:

a) The matter does not fall within its competence;

b) The competent authority of the sending State withdraws the request for transfer;

c) The sentenced person or his or her lawful representative withdraws the application for transfer;

d) The competent authority of the sending State fails to supplement information and documents within the time limit prescribed in Clause 1 of this Article;

dd) Another reason makes consideration of the request for transfer impossible.

4. Within 30 days from the date of issuance of the decision on consideration of the request for transfer, the competent regional People’s Court must open the first-instance meeting to consider the request for transfer. If the case falls under the special case prescribed at Point c Clause 1 Article 15 of this Law, the time limit for opening the meeting to consider the request for transfer is 10 days.

Article 23. First-instance meeting to consider the request for transfer of sentenced persons serving sentences abroad into Vietnam

1. The first-instance meeting to consider the request for transfer shall be conducted by 1 Judge, with the participation of 1 Procurator of the People’s Procuracy at the same level, and shall follow the following order:

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b) The Procurator states the position of the People’s Procuracy on the transfer;

c) The lawyer or lawful representative of the person proposed for transfer presents his or her opinion (if any).

2. On the basis of the results of the first-instance meeting, the Judge shall issue one of the following decisions:

a) A decision on acceptance of the sentenced person and clearly stating the offence title and the term for which the transferred person must continue serving the sentence in Vietnam. In this case, the Judge shall consider and decide on conversion of sentence (if any); conversion of sentence shall comply with Article 25 of this Law;

b) A decision on refusal of acceptance of the sentenced person and clearly stating the reason.

3. Within 10 days from the date of issuance of the decision on acceptance or the decision on refusal of acceptance of the sentenced person, the competent regional People’s Court shall send the decision to the People’s Procuracy at the same level, the province-level People’s Procuracy, the Ministry of Public Security, the person proposed for transfer, and his or her lawyer or lawful representative (if any). If the case falls under the special case prescribed at Point c Clause 1 Article 15 of this Law, the time limit for the competent regional People’s Court to send the decision on acceptance or the decision on refusal of acceptance is 5 days.

Article 24. Appellate meeting to review the decision on acceptance or the decision on refusal of acceptance

1. The person proposed for transfer or his or her lawful representative has the right to appeal within 15 days from the date of receipt of the decision on acceptance or the decision on refusal of acceptance of the competent regional People’s Court. The People’s Procuracy at the same level has the right to lodge a protest within 15 days, and the province-level People’s Procuracy has the right to lodge a protest within 30 days from the date on which the competent regional People’s Court issues the decision on acceptance or the decision on refusal of acceptance.  If the case falls under the special case prescribed at Point c Clause 1 Article 15 of this Law, the time limit for appeal and the time limit for protest by the People’s Procuracy at the same level is 7 days, and the time limit for protest by the province-level People’s Procuracy is 15 days.

The appeal must be notified in writing by the competent regional People’s Court to the People’s Procuracy at the same level and persons related to the appeal within 5 days from the expiry of the time limit for appeal.

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The competent regional People’s Court must send the dossier and the appeal or protest to the competent province-level People’s Court within 7 days from the expiry of the time limit for appeal or protest.

2. Within 20 days from the date of receipt of the dossier and the appeal or protest, the province-level People’s Court shall open an appellate meeting to review the appealed or protested decision on acceptance or decision on refusal of acceptance of the first-instance court. If the case falls under the special case prescribed at Point c Clause 1 Article 15 of this Law, the time limit for the province-level People’s Court to open the appellate meeting is 7 days.

3. The appellate meeting shall be conducted by 1 Judge, with the participation of 1 Procurator of the People’s Procuracy at the same level, and shall follow the following order:

a) The Judge presents a summary of the contents of the transfer request dossier for transfer of the sentenced person serving a sentence abroad into Vietnam, the decision on acceptance or the decision on refusal of acceptance, and the contents of the appeal or protest;

b) The Judge asks the lawful representative of the person proposed for transfer whether there is any change to, supplementation of, or withdrawal of the appeal; if so, the Judge shall request the Procurator to present an opinion on such change to, supplementation of, or withdrawal of the appeal.

The Judge asks the Procurator whether there is any change to, supplementation of, or withdrawal of the protest; if so, the Judge shall request the lawyer or lawful representative of the person proposed for transfer to present an opinion on such change to, supplementation of, or withdrawal of the protest;

c) The Procurator, the lawyer and the lawful representative of the person proposed for transfer state their opinions on the contents of the appeal or protest; the Procurator states the position of the People’s Procuracy on settlement of the appeal or protest.

4. On the basis of the results of the appellate meeting, the Judge shall issue one of the following decisions:

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

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c) Setting aside the first-instance decision and remitting the dossier to the competent regional People’s Court for reconsideration;

d) Setting aside the first-instance decision and terminating consideration of the request for transfer in accordance with Clause 3 Article 22 of this Law;

dd) Terminating appellate review.

5. A decision on acceptance or a decision on refusal of acceptance taking legal effect includes:

a) A decision of the first-instance court that is not appealed or protested takes effect from the date of expiry of the time limit for appeal or protest;

b) A decision of the appellate court takes effect from the date of issuance and is final.

The decision of the appellate court must be sent immediately to the first-instance court, the first-instance Procuracy, the People’s Procuracy at the same level, the person proposed for transfer, and his or her lawyer or lawful representative (if any).

Article 25. Conversion of sentence

1. Where the sentence stated in the judgment or decision rendered by the court of the sending State against the sentenced person is inconsistent with the Criminal Code and other provisions of Vietnamese law, it must be converted accordingly.

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3. The converted sentence must not be more severe than the sentence rendered by the court of the sending State in terms of nature and duration. The period of sentence already served in the sending State shall be deducted from the period of sentence to be served in Vietnam.

4. A sentenced person received into Vietnam shall not be convicted a second time for the offence already adjudicated in the judgment or decision of the court of the sending State.

5. The Minister of Public Security shall take charge and cooperate with the Chief Justice of the Supreme People’s Court and the Procurator General of the Supreme People’s Procuracy in providing detailed provisions for this Article.

Article 26. Enforcement of the decision on acceptance of sentenced persons

1. Within 10 days from the date on which the decision on acceptance of the sentenced person of the People’s Court takes legal effect, the Chief Justice of the regional People’s Court that issued the first-instance decision must issue the decision on enforcement of the decision on acceptance. If the case falls under the special case prescribed at Point c Clause 1 Article 15 of this Law, the time limit for issuing the decision on enforcement of the decision on acceptance is 5 days. The decision on enforcement of the decision on acceptance takes effect from the date of signing for issuance.

2. The decision on enforcement of the decision on acceptance must be sent to the People’s Procuracy at the same level, the Ministry of Public Security, the competent authority of the sending State, and the transferred person or his or her lawful representative.

3. The Ministry of Public Security shall notify the competent authority of the sending State in writing and organize enforcement of the receipt. Receipt of the sentenced person must be carried out within 45 days from the date on which the decision on enforcement of the decision on acceptance takes effect, unless otherwise agreed. If the case falls under the special case prescribed at Point c Clause 1 Article 15 of this Law, the time limit for receipt of the sentenced person is 15 days.

4. The Government provides detailed provisions on Clause 3 of this Article.

Article 27. Annulment of the decision on acceptance of a sentenced person and the decision on enforcement of the decision on acceptance

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a) The sentenced person or his or her lawful representative withdraws the application for transfer or expresses in writing the wish not to be transferred;

b) The sending State withdraws the request for transfer;

c) The sentenced person dies or escapes from the sending State;

d) Other cases in which receipt of the sentenced person cannot be carried out.

2. A decision on acceptance of a sentenced person that has taken legal effect shall be annulled in the following cases:

a) The cases prescribed at Points b, c and d Clause 1 of this Article;

b) The decision on enforcement of the decision on acceptance of the sentenced person is annulled.

3. A decision on enforcement of the decision on acceptance of the sentenced person shall be annulled in the following cases:

a) The case prescribed at Point a Clause 2 of this Article;

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c) The competent authority of the sending State fails to hand over the transferred person at the agreed time and place without legitimate reasons, or the receipt is not carried out within the time limit prescribed in Clause 3 Article 26 of this Law.

4. Within 5 working days from the date of receipt of notification from the Ministry of Public Security, the Chief Justice of the competent People’s Court shall annul the decision on acceptance of the sentenced person prescribed in Clauses 1 and 2 of this Article and annul the decision on enforcement of the decision on acceptance prescribed in Clause 3 of this Article. These decisions take effect from the date of signing for 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 sending State, and the sentenced person or his or her lawful representative.

5. Consideration of a request for transfer of a sentenced person in the cases prescribed at Points a and b Clause 1 and Point c Clause 3 of this Article shall only be carried out after at least 3 years from the date on which the decision annulling the decision on acceptance or the decision on enforcement of the decision on acceptance takes legal effect.

Article 28. Receipt of the transferred person

1. The Ministry of Public Security shall organize receipt of the transferred person at the time and place agreed in writing with the competent authority of the sending State.

2. The Government shall elaborate this Article.

Article 29. Continuation of serving the sentence in Vietnam

1. Continuation of serving the sentence in Vietnam by the transferred person shall comply with Vietnamese law.

2. Upon receipt of a notification of a decision on special amnesty, general amnesty, remission or reduction of sentence, conditional early release, or other judicial decisions issued by the sending State in respect of a sentenced person received in Vietnam, the Ministry of Public Security must immediately forward that notification to the competent authority for consideration and decision in accordance with relevant law.

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Article 30. Notification on the status of serving the sentence of a sentenced person received in Vietnam

The Ministry of Public Security shall promptly notify the competent authority of the sending State in writing of the status of serving the sentence of a sentenced person received in Vietnam in one of the following cases:

1. The sentenced person is granted suspension of serving the sentence, remission or reduction of the term of imprisonment, general amnesty, special amnesty, conditional early release, or is prosecuted for another criminal offence;

2. The sentenced person has completed serving the sentence;

3. The sentenced person escapes from the prison facility;

4. The sentenced person dies before completing the sentence;

5. The competent authority of the sending State requests provision of information on the status of serving the sentence of the person received in Vietnam.

Chapter III

TRANSFER OF SENTENCED PERSONS SERVING SENTENCES IN VIETNAM TO FOREIGN COUNTRIES

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The regional People’s Court where the foreign national is serving the sentence in Vietnam has the competence to decide on transfer of the sentenced person serving the sentence in Vietnam to a foreign country.

Article 32. Conditions for transfer of sentenced persons serving sentences in Vietnam to foreign countries

1. A sentenced person serving a sentence in Vietnam may be transferred to a foreign country to continue serving the sentence when the following conditions are met:

a) The person is a national of the receiving State or a person permitted to reside indefinitely in the receiving State or accepted by the receiving State;

b) The criminal act for which the person was convicted in Vietnam also constitutes a criminal offence under the law of the receiving State at the time of preparation of the request for transfer of the sentenced person;

c) At the time of receipt of the request for transfer, the remaining term of imprisonment must be at least 1 year; in special cases, this period may be less than 1 year;

d) The conditions prescribed at Points d and e Clause 1 Article 15 of this Law are satisfied;

dd) Civil obligations stated in the judgment, additional penalties such as fines or confiscation of property, and other legal obligations have been fulfilled in accordance with law, or the receiving State or other agencies, organizations or individuals provide support for fulfillment of these legal obligations, or the receiving State commits to ensure that the sentenced person will fulfill these legal obligations after being transferred to the receiving State;

e) Vietnam consents where the competent authority of the receiving State prepares the request for transfer, or the receiving State consents where the Ministry of Public Security prepares the request for transfer.

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Article 33. Cases of refusal to transfer sentenced persons serving sentences in Vietnam to foreign countries

The competent People’s Court of Vietnam shall decide to refuse transfer of a sentenced person serving a sentence in Vietnam to a foreign country if one of the following cases occurs:

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

2. One of the conditions prescribed in Clause 1 Article 32 of this Law is not met;

3. It may be detrimental to sovereignty, national defense, national security, social order and safety, public health, and the interests of the State or the lawful rights and interests of agencies, organizations and individuals in Vietnam;

4. There are grounds to believe that the transferred person may be subjected to torture, retaliation, persecution, ill-treatment, discrimination, or cruel, inhuman or degrading punishment in the receiving State.

Article 34. Transfer request dossier for sentenced persons serving sentences in Vietnam to foreign countries

1. The transfer request dossier for a sentenced person serving a sentence in Vietnam to a foreign country includes the following documents:

a) The request for transfer made by the Ministry of Public Security or the competent authority of the receiving State as prescribed in Clause 1 Article 35 of this Law;

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2. The transfer request dossier for a sentenced person serving a sentence in Vietnam to a foreign country shall be prepared in 3 sets, unless otherwise agreed. The language used for preparing application files shall comply with the provisions of Article 8 of this Law.

Article 35. Request for transfer of sentenced persons serving sentences in Vietnam to foreign countries and accompanying documents

1. The request for transfer of a sentenced person serving a sentence in Vietnam to a foreign country must contain the following information:

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

b) Grounds for requesting transfer of the sentenced person;

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

d) Information identifying the person, nationality, place of residence in the receiving State (if any), and the place where the sentence is being served in Vietnam, and the legal grounds demonstrating that the sentenced person satisfies the conditions for transfer;

dd) Other necessary information (if any).

2. The request for transfer must be accompanied by the following documents:

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b) Documents proving nationality of the receiving State or proof of indefinite residence in the receiving State (if any);

c) A copy of the judgment or decision of the People’s Court of Vietnam in respect of the sentenced person proposed for transfer;

d) A document on enforcement of the additional penalty (if any);

dd) The legal provisions of the receiving State used to determine the constituent elements of the offence and the offence title, provisions on penalties, and limitation period for enforcement of the penalty in respect of that offence under the judgment;

e) A document showing consent of the competent authority of the receiving State where the Ministry of Public Security prepares the request for transfer, or a document showing consent to consider the request for transfer of the Ministry of Public Security where the competent authority of the receiving State prepares the request for transfer;

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

3. The Government provides detailed provisions on Clause 2 of this Article.

Article 36. Receipt of applications for transfer from sentenced persons serving sentences in Vietnam

1. A foreign national serving a sentence in Vietnam or his or her lawful representative may send an application for transfer to a foreign country in order to continue serving the sentence to one of the following authorities:

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b) The competent authority of the receiving State;

c) The representative mission of the receiving State in Vietnam.

2. Where an application for transfer or documents showing the wish to be transferred from the sentenced person or his or her lawful representative are received, the Ministry of Public Security shall receive and consider preparing a request for transfer in accordance with Article 37 of this Law.

3. The Government shall elaborate this Article.

Article 37. Preparation of requests for transfer of sentenced persons serving sentences in Vietnam to foreign countries

1. The request for transfer of a sentenced person serving a sentence in Vietnam to a foreign country shall be prepared by the Ministry of Public Security or the competent authority of the receiving State.

2. Within 20 days from the date of receipt of the application for transfer and the information and documents provided by the competent authority of the receiving State, the Ministry of Public Security shall consider and decide on preparation of the request for transfer of the sentenced person serving a sentence in Vietnam to a foreign country and shall send it directly or through diplomatic channels to the competent authority of the receiving State.

Where the Ministry of Foreign Affairs or the Vietnamese representative mission in the receiving State receives from the Ministry of Public Security a request for transfer of a sentenced person serving a sentence in Vietnam to a foreign country, it shall immediately forward it to the competent authority of the receiving State and notify the Ministry of Public Security in writing.

3. Where the competent authority of the receiving State prepares the request for transfer of a sentenced person serving a sentence in Vietnam to a foreign country, it shall send it directly or through diplomatic channels to the Ministry of Public Security. Where the Ministry of Foreign Affairs or the Vietnamese representative mission in the receiving State receives from the competent authority of the receiving State a request for transfer of a sentenced person serving a sentence in Vietnam to a foreign country, it shall immediately forward it to the Ministry of Public Security for handling in accordance with this Law.

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5. The Government shall elaborate this Article.

Article 38. Receipt, examination and transfer of transfer request dossiers for sentenced persons serving sentences in Vietnam to foreign countries

1. Within 20 days from the date of receipt of the request for transfer of the sentenced person and accompanying documents from the competent authority of the receiving State, or from the date of receipt of the documents prescribed in Clause 2 Article 35 of this Law from the competent authority of the receiving State, the Ministry of Public Security shall examine the dossier in accordance with Articles 34 and 35 of this Law. If the case falls under the special case prescribed at Point c Clause 1 Article 32 of this Law, the time limit for examination of the dossier is 7 days.

The Ministry of Public Security may request the competent authority of the receiving State to supplement information and documents. If no supplementary information or documents are received within 60 days from the date of sending the written request for supplementation of information and documents, the Ministry of Public Security shall return the dossier to the competent authority of the receiving State and clearly state the reason. If the case falls under the special case prescribed at Point c Clause 1 Article 32 of this Law, the time limit for supplementation of information and documents is 20 days.

2. Where the transfer request dossier meets the requirements prescribed in Articles 34 and 35 of this Law, the Ministry of Public Security shall immediately transfer 1 set of the dossier to the competent regional People’s Court for consideration and decision, and simultaneously immediately transfer 1 certified copy set of the dossier to the competent regional People’s Procuracy.

Transfer of documents, materials and dossiers may be carried out electronically in accordance with law.

3. The Government shall elaborate this Article.

Article 39. Acceptance of transfer request dossiers for sentenced persons serving sentences in Vietnam to foreign countries

1. Within 10 days from the date of receipt of the complete transfer request dossier for a sentenced person serving a sentence in Vietnam to a foreign country, the competent regional People’s Court must accept the dossier and notify the Ministry of Public Security and the People’s Procuracy at the same level in writing. If the case falls under the special case prescribed at Point c Clause 1 Article 32 of this Law, the time limit for acceptance of the dossier is 5 days.

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2. Within 30 days from the date of acceptance, depending on the case, the competent regional People’s Court shall issue one of the following decisions:

a) A decision on consideration of the request for transfer of the sentenced person where all conditions prescribed by this Law are met. This decision must be sent to the person proposed for transfer, his or her lawyer or lawful representative (if any);

b) A decision to terminate consideration of the request for transfer of the sentenced person in accordance with Clause 3 of this Article and to return the dossier to the Ministry of Public Security.

If the case falls under the special case prescribed at Point c Clause 1 Article 32 of this Law, the time limit for issuing one of the decisions prescribed in this Clause is 10 days.

The decisions prescribed in this Clause must be immediately transferred to the Ministry of Public Security and the People’s Procuracy at the same level.

3. The regional People’s Court shall decide to terminate consideration of the request for transfer of the sentenced person where one of the following cases occurs:

a) The matter does not fall within its competence;

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

c) The sentenced person or his or her lawful representative withdraws the application for transfer;

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dd) Another reason makes consideration of the request for transfer impossible.

4. Within 30 days from the date of issuance of the decision on consideration of the request for transfer, the competent regional People’s Court must open the first-instance meeting to consider the request for transfer. If the case falls under the special case prescribed at Point c Clause 1 Article 32 of this Law, the time limit for opening the meeting to consider the request for transfer is 10 days.

Article 40. First-instance meeting to consider the request for transfer of sentenced persons serving sentences in Vietnam to foreign countries

1. The first-instance meeting to consider the request for transfer shall be conducted by 1 Judge, with the participation of 1 Procurator of the People’s Procuracy at the same level, and shall follow the following order:

a) The Judge presents the contents of the transfer request dossier and gives an opinion on the legal basis for the transfer;

b) The Procurator states the position of the People’s Procuracy on the transfer;

c) The person proposed for transfer presents his or her opinion (if any);

d) The lawyer or lawful representative of the person proposed for transfer presents his or her opinion (if any).

2. On the basis of the results of the first-instance meeting, the Judge shall issue one of the following decisions:

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b) A decision on refusal of transfer of the sentenced person and clearly stating the reason.

3. Within 10 days from the date of issuance of the decision on transfer or the decision on refusal of transfer of the sentenced person, the competent regional People’s Court shall send the decision to the People’s Procuracy at the same level, the province-level People’s Procuracy, the Ministry of Public Security, the person proposed for transfer, and his or her lawyer or lawful representative (if any). If the case falls under the special case prescribed at Point c Clause 1 Article 32 of this Law, the time limit for the competent regional People’s Court to send the decision on transfer or the decision on refusal of transfer is 5 days.

Article 41. Appellate meeting to review the decision on transfer or the decision on refusal of transfer

1. The person proposed for transfer or his or her lawful representative has the right to appeal within 15 days from the date of receipt of the decision on transfer or the decision on refusal of transfer of the competent regional People’s Court. The People’s Procuracy at the same level has the right to lodge a protest within 15 days, and the province-level People’s Procuracy has the right to lodge a protest within 30 days from the date on which the competent regional People’s Court issues the decision on transfer or the decision on refusal of transfer. If the case falls under the special case prescribed at Point c Clause 1 Article 32 of this Law, the time limit for appeal and the time limit for protest by the People’s Procuracy at the same level is 7 days, and the time limit for protest by the province-level People’s Procuracy is 15 days.

The appeal must be notified in writing by the competent regional People’s Court to the People’s Procuracy at the same level and persons related to the appeal within 5 days from the expiry of the time limit for appeal.

The People’s Procuracy must send the protest decision to the first-instance court and the person proposed for transfer or his or her lawful representative within 2 days from the date of issuance of the protest decision.

The competent regional People’s Court must send the dossier and the appeal or protest to the competent province-level People’s Court within 7 days from the expiry of the time limit for appeal or protest.

2. Within 20 days from the date of receipt of the dossier and the appeal or protest, the province-level People’s Court shall open an appellate meeting to review the appealed or protested decision on transfer or decision on refusal of transfer of the first-instance court. If the case falls under the special case prescribed at Point c Clause 1 Article 32 of this Law, the time limit for the province-level People’s Court to open the appellate meeting is 7 days.

3. The appellate meeting shall be conducted by 1 Judge, with the participation of 1 Procurator of the People’s Procuracy at the same level, and shall follow the following order:

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b) The Judge asks the person proposed for transfer or his or her lawful representative whether there is any change to, supplementation of, or withdrawal of the appeal; if so, the Judge shall request the Procurator to present an opinion on such change to, supplementation of, or withdrawal of the appeal.

The Judge asks the Procurator whether there is any change to, supplementation of, or withdrawal of the protest; if so, the Judge shall request the person proposed for transfer, the lawyer, or the lawful representative of the person proposed for transfer to present an opinion on such change to, supplementation of, or withdrawal of the protest;

c) The Procurator, the person proposed for transfer, the lawyer, and the lawful representative of the person proposed for transfer state their opinions on the contents of the appeal or protest; the Procurator states the position of the People’s Procuracy on settlement of the appeal or protest.

4. On the basis of the results of the appellate meeting, the Judge shall issue one of the following decisions:

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

b) Amending the first-instance decision;

c) Setting aside the first-instance decision and remitting the dossier to the competent regional People’s Court for reconsideration;

d) Setting aside the first-instance decision and terminating consideration of the request for transfer in accordance with Clause 3 Article 39 of this Law;

dd) Terminating appellate review.

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a) A decision of the first-instance court that is not appealed or protested takes effect from the date of expiry of the time limit for appeal or protest;

b) A decision of the appellate court takes effect from the date of issuance and is final.

The decision of the appellate court must be sent immediately to the first-instance court, the first-instance Procuracy, the People’s Procuracy at the same level, the person proposed for transfer, and his or her lawyer or lawful representative (if any).

Article 42. Enforcement of the decision on transfer of sentenced persons

1. Within 10 days from the date on which the decision on transfer of the sentenced person of the People’s Court takes legal effect, the Chief Justice of the regional People’s Court that issued the first-instance decision must issue the decision on enforcement of the decision on transfer. If the case falls under the special case prescribed at Point c Clause 1 Article 32 of this Law, the time limit for issuing the decision on enforcement of the decision on transfer is 5 days. The decision on enforcement of the decision on transfer takes effect from the date of signing for issuance.

2. The decision on enforcement of 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 State, and the transferred person or his or her lawful representative.

3. The Ministry of Public Security shall notify the competent authority of the receiving State in writing and organize enforcement of the transfer. Transfer of the sentenced person must be carried out within 45 days from the date on which the decision on enforcement of the decision on transfer takes effect, unless otherwise agreed. If the case falls under the special case prescribed at Point c Clause 1 Article 32 of this Law, the time limit for transfer of the sentenced person is 15 days.

4. The Government provides detailed provisions on Clause 3 of this Article.

Article 43. Annulment of the decision on transfer of a sentenced person and the decision on enforcement of the decision on transfer

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a) The sentenced person or his or her lawful representative withdraws the application for transfer or expresses in writing the wish not to be transferred;

b) The receiving State withdraws the request for transfer;

c) The sentenced person dies or escapes from Vietnam;

d) Other cases in which handover of the sentenced person cannot be carried out.

2. A decision on transfer of a sentenced person that has taken legal effect shall be annulled in the following cases:

a) The cases prescribed at Points b, c and d Clause 1 of this Article;

b) The decision on enforcement of the decision on transfer of the sentenced person is annulled.

3. A decision on enforcement of the decision on transfer of the sentenced person shall be annulled in the following cases:

a) The case prescribed at Point a Clause 2 of this Article;

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c) The competent authority of the receiving State fails to receive the transferred person at the agreed time and place without legitimate reasons, or the transfer is not carried out within the time limit prescribed in Clause 3 Article 42 of this Law.

4. Within 5 working days from the date of receipt of notification from the Ministry of Public Security, the Chief Justice of the competent People’s Court shall annul the decision on transfer of the sentenced person prescribed in Clauses 1 and 2 of this Article and annul the decision on enforcement of the decision on transfer of the sentenced person prescribed in Clause 3 of this Article. These decisions take effect from the date of signing for 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 State, and the sentenced person or his or her lawful representative.

5. Consideration of the request for transfer of the sentenced person in the cases prescribed at Points a and b Clause 1 and Point c Clause 3 of this Article shall only be carried out after at least 3 years from the date on which the decision annulling the decision on transfer of the sentenced person or the decision on enforcement of the decision on transfer of the sentenced person takes legal effect.

Article 44. Handover of the transferred person

1. The Ministry of Public Security shall organize handover of the transferred person at the time and place agreed in writing with the competent authority of the receiving State.

2. The Government shall elaborate this Article.

Article 45. Review of the judgment rendered in respect of the transferred person

The judgment rendered in respect of a person serving a sentence in Vietnam who is transferred to a foreign country may only be reviewed by a People’s Court of Vietnam under cassation or reopening procedures in accordance with the law on criminal procedure.

Article 46. Exchange of information on the status of serving the sentence of the transferred person

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

a) The sentenced person is granted remission or reduction of the term of imprisonment, general amnesty, special amnesty, conditional early release, or is prosecuted for another criminal offence;

b) A People’s Court of Vietnam reviews the judgment rendered in respect of the transferred person under cassation or reopening procedures, and of the legal consequences of such cassation or reopening.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 47. Entry into force

1. This Law comes into force as of July 1, 2026.

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

Article 48. Transitional provisions

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

PRESIDENT OF THE NATIONAL ASSEMBLY




Tran Thanh Man