Nghị định 167/2026/NĐ-CP hướng dẫn Luật Dẫn độ

DECREE

ON ELABORATION OF CERTAIN ARTICLES OF THE LAW ON EXTRADITION

Pursuant to the Law on Organization of the Government No. 63/2025/QH15;

Pursuant to the Law on Extradition No. 100/2025/QH15;

At the proposal of the Minister of Public Security;

The Government hereby issues a Decree on elaboration of certain articles of the Law on Extradition.

Chapter I

GENERAL PROVISIONS

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Article 1. Scope

This Decree elaborates on Article 5, Article 8, Article 9, Article 13, Article 16, Article 20, Article 21, Article 22, clauses 2 and 3 Article 23, Article 24 and Article 27 of the Law on Extradition No. 100/2025/QH15 (hereinafter referred to as the Law on Extradition).

Article 2. Regulated entities

This Decree applies to Vietnamese agencies, organizations and individuals, and foreign agencies, organizations and individuals involved in extradition between Vietnam and foreign countries.

Section 2. APPLICATION OF THE PRINCIPLE OF RECIPROCITY IN EXTRADITION

Article 3. Cases for consideration and decision on the application of the principle of reciprocity

1. The Ministry of Public Security shall consider and decide to accept the application of the principle of reciprocity in the following cases:

a) The Ministry of Public Security requests the competent authority of the foreign country to apply the principle of reciprocity in extradition and the competent authority of the foreign country provides written acceptance;

b) The competent authorities of Vietnam and of the foreign country have not previously cooperated on extradition, but the competent authority of the foreign country provides a written commitment to apply the principle of reciprocity.

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Article 4. Form of the written undertaking to apply the principle of reciprocity

1. The undertaking to apply the principle of reciprocity by the competent authority of Vietnam or of a foreign country must be made in writing.

2. Such undertaking may be made as a separate written document or incorporated into the request for extradition.

Article 5. Particulars of the written undertaking to apply the principle of reciprocity

1. Where the written undertaking to apply the principle of reciprocity is separate from the request for extradition, the written undertaking shall include the following information, unless otherwise agreed:

a) Applicable legal grounds;

b) Name of the person sought for extradition and the corresponding charge;

c) A statement affirming the application of the principle of reciprocity.

2. Where the undertaking to apply the principle of reciprocity is stated in the request for extradition, such undertaking must include the information provided for in point c clause 1 of this Article, unless otherwise agreed.

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1. Upon receipt of the extradition request dossier of the foreign country, the Ministry of Public Security shall be responsible for examining the terms of the undertaking to apply the principle of reciprocity. Where the extradition request dossier does not yet contain the undertaking terms, the Ministry of Public Security shall require the competent authority of the foreign country to supplement the written undertaking.

2. Within 5 working days from the date of receipt of a valid extradition request dossier accompanied by the undertaking terms to apply the principle of reciprocity, the Ministry of Public Security shall assess such undertaking terms against the conditions prescribed in clause 1 Article 5 of the Law on Extradition. Where accepted, the Ministry of Public Security shall transfer the extradition request dossier to the competent regional People's Court for consideration and settlement in accordance with regulations. Where refused, the Ministry of Public Security shall notify the foreign country in writing in the manner prescribed in clause 2 Article 8 of the Law on Extradition and Article 9 of this Decree, clearly stating the reasons.

3. Where the extradition request dossier may affect the political and foreign affairs relations of Vietnam with the requesting State or a third State, the relevant agencies shall carry out the following procedures:

a) The Ministry of Public Security shall seek opinions from the Ministry of Foreign Affairs, the Supreme People's Court, the Supreme People's Procuracy and relevant agencies before deciding on the application of the principle of reciprocity;

b) Within 7 working days from the date of receipt of the written request, the consulted agencies must provide a written response to the Ministry of Public Security;

c) Within 5 working days from the date of receipt of opinions from the relevant agencies, the Ministry of Public Security shall decide on the acceptance or refusal of the application of the principle of reciprocity. Where accepted, the Ministry of Public Security shall transfer the extradition request dossier to the competent regional People's Court for consideration and settlement in accordance with regulations. Where refused, the Ministry of Public Security shall notify the foreign country in writing in the manner prescribed in clause 2 Article 8 of the Law on Extradition and Article 9 of this Decree.

Article 7. Procedures for deciding on the application of the principle of reciprocity where Vietnam is the requesting State

1. Where the foreign country requests Vietnam to supplement the undertaking to apply the principle of reciprocity in the extradition request dossier, the Ministry of Public Security shall assess such undertaking terms against the conditions prescribed in clause 1 Article 5 of the Law on Extradition.

2. Where accepted, the Ministry of Public Security shall provide a written undertaking to apply the principle of reciprocity and transmit such document to the foreign country. Where refused, the Ministry of Public Security shall transmit this notification to the foreign country, clearly stating the reasons. The Ministry of Public Security shall transmit these documents in the manner prescribed in clause 2 Article 8 of the Law on Extradition and Article 9 of this Decree.

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a) The Ministry of Public Security shall seek opinions from the Ministry of Foreign Affairs, the Supreme People's Court, the Supreme People's Procuracy and relevant agencies before deciding on the application of the principle of reciprocity;

b) Within 7 working days from the date of receipt of the written request, the consulted agencies must provide a written response to the Ministry of Public Security;

c) Within 5 working days from the date of receipt of opinions from the relevant agencies, the Ministry of Public Security shall decide on the acceptance or refusal of the undertaking to apply the principle of reciprocity and transmit such document to the foreign country in the manner prescribed in clause 2 Article 8 of the Law on Extradition and Article 9 of this Decree.

Section 3. FORM AND METHODS OF TRANSFER OF EXTRADITION REQUEST DOSSIERS

Article 8. Form of extradition request dossiers

Extradition requests and accompanying documents shall be made in writing. Where extradition requests and accompanying documents are received and transferred electronically, they must be digitized and transmitted through the electronic means prescribed in clause 3 Article 9 of this Decree, unless otherwise agreed.

Article 9. Methods of transfer of extradition request dossiers

1. Where Vietnam is the requesting State, the authority preparing the extradition request dossier shall transfer the valid dossier to the Ministry of Public Security. The Ministry of Public Security shall transfer the dossier to the foreign country through one of the following methods, unless otherwise agreed:

a) The Ministry of Public Security transfers the dossier to the Ministry of Foreign Affairs. Within 5 working days from the date of receipt of the document, the Ministry of Foreign Affairs shall provide a written response to the Ministry of Public Security on the results of processing the dossier;

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c) The Ministry of Public Security transfers the dossier to the competent authority of the foreign country through the International Criminal Police Organization (INTERPOL).

2. Where the foreign country is the requesting State, the extradition request dossier must be sent to the Ministry of Public Security through the methods prescribed in clause 2 Article 8 of the Law on Extradition and this Article, unless otherwise agreed. Within 5 working days from the date of receipt of the foreign country's dossier, the receiving authority shall be responsible for transferring the dossier to the Ministry of Public Security for consideration and settlement.

3. In urgent cases or to ensure timeliness, the extradition request dossier may be sent in advance through electronic means (email, fax systems or other systems provided for in international treaties to which both Vietnam and the foreign country are members). The receiving authority shall be responsible for verifying the authenticity of the dossier. Where there is doubt as to the authenticity or where otherwise agreed, the receiving authority may request the requesting State to send the original dossier through the methods prescribed in clause 2 Article 8 of the Law on Extradition and this Article. The time of receipt of the dossier for the purpose of calculating the review time limit shall be calculated from the time of receipt of the valid electronic dossier.

Section 4. LANGUAGE IN EXTRADITION

Article 10. Language of extradition request dossiers and requests for holding a person in urgent cases before an extradition request is made

1. Where the language of extradition request dossiers and requests for holding a person in urgent cases before an extradition request is made, sent by a foreign country to Vietnam under international treaties on extradition to which both Vietnam and the foreign country are members, is not Vietnamese, the Ministry of Public Security shall be responsible for translating them into Vietnamese.

2. Where Vietnam and the foreign country are not both members of an international treaty on extradition, extradition request dossiers and requests for holding a person in urgent cases before an extradition request is made, sent by the foreign country to Vietnam, must be accompanied by a translation into Vietnamese, unless otherwise agreed.

Article 11. Language in international cooperation on extradition

Where Vietnam and a foreign country carry out international cooperation activities on extradition or exchange information and documents on other extradition matters, the language, translation and certification of translations of documents shall be carried out by agreement between Vietnam and the foreign country; on the Vietnamese side, the Ministry of Public Security or the agency directly engaged in international cooperation on extradition activities shall be responsible for translating and certifying translations of such documents.

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1. Translations of extradition request dossiers and requests for holding a person in urgent cases before an extradition request is made must meet the following requirements:

a) Translations must be accurate and consistent with the originals in terms of information and figures;

b) Translations must use appropriate language style and specialized terminology.

2. Unless otherwise agreed, translations of extradition request dossiers and requests for holding a person in urgent cases before an extradition request is made must be certified in accordance with regulations.

Article 13. Handling of language errors in extradition request dossiers and requests for holding a person in urgent cases before an extradition request is made

1. Where extradition request dossiers or requests for holding a person in urgent cases before an extradition request is made, prepared by Vietnam and sent to a foreign country, contain language errors, the authority preparing the request for extradition or the request for holding a person in urgent cases before an extradition request is made shall be responsible for supplementing and completing the dossier as required by the foreign country.

2. Where extradition request dossiers or requests for holding a person in urgent cases before an extradition request is made, sent by a foreign country to Vietnam, do not contain a Vietnamese translation, or do not use the agreed language, or are inconsistent between the original and the translation, the Ministry of Public Security shall require the foreign country to supplement the translation or refuse receipt until the dossier is valid.

Section 5. CONDITIONAL EXTRADITION

Article 14. Conditions in extradition

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1. The information and documents stated in the extradition request dossier are accurate and truthful; and were collected and issued within the competence of the relevant authority and in compliance with the procedures of the laws of the requesting State.

2. The person named in the criminal procedural decisions is the same person who committed the criminal act stated in the extradition request.

3. The criminal act stated in the extradition request is not a political offense.

4. The person sought for extradition will not be subject to criminal prosecution on grounds of race, gender, belief, religion, nationality, ethnicity, or on account of that person's political views or social status.

5. The person sought for extradition will not be subject to criminal prosecution or enforcement of a sentence in the requesting State for an offense other than the offense stated in the extradition request committed before extradition, and will not be extradited to a third State, except in the cases prescribed in points a, b and c clause 1 Article 15 of the Law on Extradition.

6. The statute of limitations for criminal prosecution and the statute of limitations for enforcement of the judgment against the person sought for extradition have not expired.

7. The person sought for extradition has not been exempted from criminal liability or exempted from enforcement of a sentence.

8. After being extradited to the requesting State, the extradited person will be guaranteed lawful rights and interests in accordance with international legal standards and the laws of the requesting State.

9. Other conditions as agreed between the requesting State and the requested State.

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1. Where a foreign country requires Vietnam to meet certain conditions in order to agree to extradition, the Ministry of Public Security shall be responsible for receiving and taking charge of assessing the legality and feasibility of such conditions. Where the conditions proposed by the foreign country are already provided for in Vietnamese law, the Ministry of Public Security shall issue a notification accepting these conditions.

2. Where the conditions proposed by the foreign country may affect the political and foreign affairs relations of Vietnam with the requesting State or a third State, or in other cases where necessary, the Ministry of Public Security shall carry out the following procedures:

a) Within 10 days from the date of receipt of the notification of the foreign country's conditions, the Ministry of Public Security shall send a written request for opinions from the Supreme People's Court, the Supreme People's Procuracy, the Ministry of Foreign Affairs and other relevant agencies;

b) Within 7 working days from the date of receipt of the written request, the consulted agencies must provide a written response indicating agreement or disagreement with acceptance of the conditions and clearly stating the reasons;

c) On the basis of opinions from the agencies prescribed in point a of this clause, the Ministry of Public Security shall consider and decide on the acceptance of part or all of the conditions. For conditions falling within the authority of the procedural authorities, the Ministry of Public Security shall decide to accept them upon receipt of written agreement from the Supreme People's Court and the Supreme People's Procuracy;

d) The Ministry of Public Security shall transmit Vietnam's written acceptance to the foreign country in the manner prescribed in clause 2 Article 8 of the Law on Extradition and Article 9 of this Decree, unless otherwise agreed.

Article 16. Procedures for Vietnam's requirement that the foreign country meet conditions for extradition

1. In the course of considering the extradition request of the foreign country, where it considers necessary to protect the interests of the State, agencies, organizations or Vietnamese citizens, or the rights of the person sought for extradition, or for humanitarian reasons, the Ministry of Public Security shall take charge and cooperate with the Ministry of Foreign Affairs, the competent People's Court settling the extradition request and other competent authorities of Vietnam in reaching agreement on the specific conditions requiring the commitment of the foreign country.

2. Within 5 working days from the date of receipt of the written request, the consulted agencies must provide a written response on the specific conditions requiring commitment for fulfillment.

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4. Extradition shall only be considered and settled after the Ministry of Public Security receives a written commitment from the competent authority of the foreign country meeting Vietnam's conditions.

Article 17. Monitoring and urging the foreign country's fulfillment of commitments

The Ministry of Public Security shall cooperate with the Ministry of Foreign Affairs in monitoring and urging the foreign country's fulfillment of its commitment to Vietnam. Where the foreign country fails to fulfill such commitment, the Ministry of Public Security shall cooperate with the Ministry of Foreign Affairs in applying appropriate measures.

Section 6. TRANSIT OF AN EXTRADITED PERSON

Article 18. Dossier for requesting transit through the territory of Vietnam

The dossier for requesting transit through the territory of Vietnam shall include:

1. A written request for transit, comprising the following information:

a) Purpose of the document;

b) Information on the identity of the extradited person;

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d) Information on the types of weapons and support tools to be carried (if any).

2. Accompanying documents, comprising:

a) A copy of the extradition order, arrest warrant or wanted decision;

b) Itinerary and information on the means of transport.

Article 19. Procedures for transit of an extradited person through the territory of Vietnam

1. The State requesting transit shall send a written request to the Ministry of Public Security at least 5 working days before the planned date of transit, except in the case prescribed in Article 21 of this Decree.

2. Within 2 working days from the date of receipt of the request, the Ministry of Public Security shall decide on approval or refusal of transit and notify the State requesting transit in writing.

3. Where transit is approved, the Ministry of Public Security shall notify the immigration control authorities to manage and support the transit of the extradited person.

Article 20. Management of an extradited person in transit through the territory of Vietnam

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2. The State requesting transit shall not be permitted to bring weapons or support tools into the territory of Vietnam, unless with the consent of the competent person in accordance with the law on management and use of weapons, explosives and support tools, or under international treaties to which Vietnam is a member.

Article 21. Handling of cases of unscheduled landing in the territory of Vietnam

1. In cases of unscheduled landing due to weather conditions, technical incidents, health reasons or other force majeure, the State requesting transit shall be responsible for managing the extradited person. The immigration control authorities shall be responsible for supervising and supporting the management of the extradited person, ensuring security in the transit area.

2. Management of the extradited person shall be maintained until the means of transport resumes its journey or until the State requesting transit has arranged an alternative means of transport. Where an unscheduled landing extends beyond 48 hours, the Ministry of Public Security shall issue a decision placing the extradited person in transit through the territory of Vietnam in an accommodation establishment of the Ministry of Public Security for management in accordance with Vietnamese law until the requesting State arranges an alternative means of transport.

3. In cases of unscheduled landing, the State requesting transit must immediately notify the Ministry of Public Security.

Article 22. Procedures and dossier for Vietnam's request to a foreign country for permission to transit

1. Where Vietnam requests a foreign country to permit the transit of an extradited person, the Ministry of Public Security shall contact the competent authority of the foreign country to carry out transit request procedures.

2. The dossier for requesting transit permission from a foreign country shall comprise the documents prescribed in Article 18 of this Decree, unless otherwise agreed.

Chapter II

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Section 1. REQUESTS FOR EXTRADITION OF VIETNAM

Article 23. Form of requests for extradition

1. Requests for extradition shall be prepared in accordance with the form prescribed by the Ministry of Public Security.

2. Requests for extradition must bear the signature of the head or deputy head of the authority preparing the request for extradition and the seal of that authority.

Article 24. Purpose of extradition requests

Requests for extradition must clearly state the purpose of the extradition request, namely for criminal prosecution or enforcement of a sentence.

Article 25. Particulars of requests for extradition

The particulars of requests for extradition shall comprise the information prescribed in Article 20 of the Law on Extradition and Articles 26, 27, 28 and 29 of this Decree.

Article 26. Information on the identity and place of residence of the person sought for extradition

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a) Family name, middle name and given name (birth name, other names, aliases, pseudonyms previously used);

b) Gender, date, month, year and place of birth;

c) Nationality, including current nationality and former nationality;

d) Passport number, identity card number, citizen identity card number or other identity documents of the person sought for extradition;

dd) Other necessary information.

2. Unless otherwise agreed, information on the place of residence of the person sought for extradition shall include:

a) Information on the place of residence of the person sought for extradition in Vietnam before fleeing;

b) Information on the place of residence of the person sought for extradition abroad after fleeing (if any).

Article 27. Summary of the case stated in requests for extradition

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1. The time and place of commission of the criminal act.

2. A description of the criminal act, the method and means of commission.

3. The consequences and damage caused by the criminal act.

4. The role of the person sought for extradition in the case.

Article 28. Requests of Vietnam to the requested State

Unless otherwise agreed, requests of Vietnam to the requested State shall include the following terms:

1. Application of measures for arrest, pre-trial detention, exit prohibition or other preventive measures to serve the settlement of the extradition request.

2. Confidentiality of the information and documents in the extradition request dossier and the prohibition on transferring the extradition request dossier to unauthorized authorities without the consent of Vietnam.

3. Seizure and transfer of objects, assets and evidence relating to the offense that the person sought for extradition carries with them.

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Unless otherwise agreed, commitments of Vietnam to the requested State shall include the particulars prescribed in Article 14 of this Decree.

Section 2. ACCOMPANYING DOCUMENTS TO REQUESTS FOR EXTRADITION OF VIETNAM

Article 30. Documents accompanying requests for extradition for criminal prosecution

Unless otherwise agreed, documents accompanying requests for extradition for criminal prosecution of Vietnam sent to a foreign country shall comprise originals, original copies or certified copies of the following documents:

1. Photographs of the person sought for extradition (4cm x 6cm, the most recently available photographs, color, full frontal, clear, with photographs of tattoos, scars and physical defects for physical identification purposes).

2. Documents identifying the identity of the person sought for extradition, comprising:

a) A certified copy of the passport, passport application form or international travel documents, identity card or citizen identity card of the person sought for extradition;

b) Personal identification records and fingerprints of the person sought for extradition (if any);

c) Documents on iris, voice or other biometric information (if any).

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a) Decision to institute criminal proceedings;

b) Decision to prosecute the accused;

c) Decision approving the decision to prosecute the accused;

d) Warrant for arrest and pre-trial detention (if any);

dd) Decision approving the warrant for arrest and pre-trial detention (if any);

e) Wanted decision;

g) INTERPOL international wanted notice (if any);

h) Investigation conclusion and indictment (if any).

4. Documents proving the criminal act of the person sought for extradition, comprising one of the following documents:

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b) Records of interrogation;

c) Photographs of the crime scene, the body and other photographs clarifying the criminal act of the person sought for extradition (if any);

d) Other incriminating evidence (if any).

5. The provisions of law relating to the competence to institute criminal proceedings, prosecute the accused, institute prosecution or bring the case to trial; other provisions of law clarifying the extradition request for criminal prosecution must be cited in full.

Article 31. Documents accompanying requests for extradition for enforcement of a sentence

Unless otherwise agreed, documents accompanying requests for extradition for enforcement of a sentence of Vietnam sent to a foreign country shall comprise originals, original copies or certified copies of the following documents:

1. Documents prescribed in clauses 1 through 4 Article 30 of this Decree.

2. The judgment rendered against the person sought for extradition. Where the person sought for extradition has been convicted by multiple judgments, all such judgments must be enclosed. Where the person sought for extradition was convicted by a trial in absentia, the dossier must be accompanied by documents proving that the person was served with a summons to appear.

3. Decision on enforcement of custodial sentence.

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5. A written notice on the remaining time the person sought for extradition must serve the sentence.

6. The provisions of law relating to bringing the case to trial and other provisions of law clarifying the extradition request for enforcement of a sentence, including provisions on the jurisdiction of the court, provisions on the competence to issue decisions or wanted decisions; provisions on the offense and the sentence imposed in the judgment; and provisions on the statute of limitations for enforcement of criminal judgments.

Section 3. RECEIPT, EXAMINATION AND TRANSFER OF EXTRADITION REQUEST DOSSIERS ABROAD AND SUPPLEMENTATION OF INFORMATION AND DOCUMENTS AT THE REQUEST OF THE FOREIGN COUNTRY

Article 32. Receipt and recording in the extradition dossier register

Upon receipt of the extradition request dossier, the Ministry of Public Security shall record it in the extradition dossier register in accordance with the form prescribed by the Ministry of Public Security.

Article 33. Handling of examination results

1. Where the extradition request dossier is incomplete, the Ministry of Public Security shall provide specific written guidance on the matters requiring amendment or supplementation. The time for the requesting authority to supplement shall not be counted toward the 30-day examination period of the Ministry of Public Security.

2. Where the dossier is invalid, the Ministry of Public Security shall return the dossier to the authority preparing the extradition request and clearly state the reasons in writing.

3. Where the dossier is valid, the Ministry of Public Security shall transfer the extradition request dossier to the foreign country in the manner prescribed in clause 2 Article 8 of the Law on Extradition and Article 9 of this Decree.

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Article 34. Supplementation of information and documents at the request of the foreign country

1. Within 5 working days from the date of receipt of the foreign country's request for supplementation of information or documents, the Ministry of Public Security shall notify the authority preparing the extradition request in writing of the matter that the foreign country requests to be supplemented.

2. The requesting authority shall provide supplementary information and documents accompanied by a translation within 30 days from the date of receipt of the Ministry of Public Security's written notification. Where due to objective reasons the information and documents cannot be provided within the time limit required by the foreign country, the requesting authority must notify the Ministry of Public Security to request the foreign country to grant an extension.

3. The Ministry of Public Security shall transfer the supplementary information and documents to the foreign country in the manner prescribed in clause 2 Article 8 of the Law on Extradition and Article 9 of this Decree.

Section 4. RECEIPT AND ESCORT OF EXTRADITED PERSONS FROM FOREIGN COUNTRIES TO VIETNAM

Article 35. Preparation for receipt of persons after the extradition order is issued

Upon receipt of the decision on extradition of the competent authority of the foreign country, the Ministry of Public Security shall be responsible for:

1. Drawing up a plan for receipt of the extradited person.

2. Cooperating with the Ministry of Foreign Affairs and relevant agencies in performing the following tasks:

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b) Preparing international travel documents for the extradited person and the escort team of Vietnam.

Article 36. Development of an escort plan for the extradited person from the foreign country to Vietnam

The Ministry of Public Security shall develop a plan for escorting the extradited person from the foreign country to Vietnam, comprising the following information:

1. Planned time and place for receipt of the extradited person.

2. Composition of the escort team.

3. Itinerary. Where transit is required, the Ministry of Public Security shall request the foreign country for transit permission in accordance with clause 4 Article 16 of the Law on Extradition and Article 22 of this Decree.

4. Security plan, types of weapons and support tools to be carried.

Article 37. Procedures for receipt of the extradited person in the foreign country

1. Upon receipt of the extradited person in the foreign country, the escort team shall perform the following tasks:

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b) Receive objects and assets accompanying the extradited person (if any);

c) Sign the handover record with the competent authority of the foreign country. The handover record shall be prepared in accordance with the form prescribed by the Ministry of Public Security.

2. The escort team is entitled to use weapons and support tools in accordance with Vietnamese law, the law of the foreign country and international aviation security regulations.

Article 38. Procedures for handover of the extradited person at the Vietnamese border gate

1. Immediately upon the aircraft landing or upon the extradited person being brought through the border gate, the escort team shall cooperate with the immigration control authorities to carry out entry procedures quickly and safely.

2. The Ministry of Public Security shall carry out the handover of the extradited person to the competent authority for the continuation of criminal proceedings or enforcement of the sentence in accordance with regulations.

3. The handover must be recorded in minutes signed by all parties involved.

Article 39. Inter-agency coordination in the receipt of extradited persons from foreign countries to Vietnam

1. The Ministry of Foreign Affairs shall direct Vietnamese diplomatic missions abroad to support the escort team in receiving and escorting extradited persons from foreign countries to Vietnam in accordance with the law on diplomatic missions of the Socialist Republic of Vietnam abroad.

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Chapter III

EXTRADITION FROM VIETNAM TO FOREIGN COUNTRIES

Article 40. Receipt and recording in the extradition dossier register

1. The Ministry of Public Security is the focal authority for receipt of extradition request dossiers of foreign countries sent to Vietnam.

2. Immediately upon receipt of the extradition request dossier of a foreign country, the Ministry of Public Security shall be responsible for recording it in the extradition dossier register.

Article 41. Verification of the location of the person sought for extradition in Vietnam

1. The competent police authority shall verify and locate the person sought for extradition in Vietnam in accordance with regulations.

2. The matters to be verified:

a) Determination of the presence of that person in the territory of Vietnam;

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3. Verification measures shall include:

a) Examination of immigration data and management of residence, detention facilities and prisons where that person is being managed;

b) Use of police professional measures to determine the actual location of the person sought for extradition at their place of residence, place of work or at accommodation establishments, detention facilities or prisons where that person is being managed;

c) Identity verification through fingerprints and facial recognition;

d) Other necessary verification measures as prescribed.

4. The results of the verification must be recorded in writing, clearly stating the specific address and current legal status of the person sought for extradition (at liberty, involved in a civil dispute, subject to administrative penalties, in an accommodation establishment, in temporary custody, in pre-trial detention or serving a sentence in another case).

Article 42. Handling of incomplete dossiers and requests for supplementation

1. Where information or documents need clarification or supplementation, the Ministry of Public Security shall require the competent authority of the foreign country to supplement them within the time limit prescribed in clause 2 Article 27 of the Law on Extradition.

2. During the period pending supplementation of information and documents, verification and surveillance measures for the person sought for extradition shall be conducted in accordance with regulations. Where the 45-day period for holding a person in urgent cases before an extradition request is made as prescribed in the Law on Extradition expires but the foreign country has not yet supplemented the valid extradition request dossier, the competent police authority shall immediately issue a decision releasing the detained person. Such release shall not prevent the re-detention of that person when the foreign country completes the valid extradition request dossier.

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Article 43. Notification to the foreign country of the decision of the People's Court

1. Upon receipt of the decision of the People's Court on extradition to the foreign country, the Ministry of Public Security shall notify the competent authority of the foreign country.

2. Enforcement of the decision on extradition and surrender of the extradited person shall be carried out in accordance with regulations.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 44. Entry into force

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

Article 45. Responsibilities for implementation

1. The Minister of Public Security, the Minister of National Defense, the Minister of Foreign Affairs and the Minister of Construction shall be responsible for cooperating in providing guidance on, directing and organizing the implementation of this Decree.

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ON BEHALF OF GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER




Pham Gia Tuc