The signing ceremony for the Agreement on Mutual Legal Assistance in Criminal Matters between Vietnam and Angola in 2025. — Photo: baovephapluat.vn

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

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Chapter II

REQUESTS FOR MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS FROM VIETNAM

Article 19. Dossiers of request for mutual legal assistance in criminal matters from Vietnam

1. A dossier of request for mutual legal assistance in criminal matters from Vietnam to be sent to a foreign country must comprise:

a/ A written request for mutual legal assistance in criminal matters from Vietnam as specified in Clause 1, Article 20 of this Law; and,

b/ Other documents (if any).

2. A dossier of request for mutual legal assistance in criminal matters from Vietnam shall be prepared in 3 sets, unless otherwise agreed. The language used to prepare such a dossier must comply with Article 8 of this Law.

Article 20. Written requests for mutual legal assistance in criminal matters from Vietnam

1. A written request for mutual legal assistance in criminal matters from Vietnam to be sent to a foreign country must have the following main contents:

a/ Name of the request-preparing authority;

b/ Grounds for preparing the request;

c/ Name of the central authority of the requested country;

d/ Names and addresses of individuals and organisations related to the request;

dd/ Purpose(s) of the request;

e/ Information on the criminal case or matter and judgment enforcement;

g/ Provisions of Vietnam’s law on the offence and applicable penalty;

h/ Matters requiring mutual legal assistance of the foreign country;

i/ Deadline for notification of results of the request execution (if any);

k/ Information confidentiality requirement (if any).

2. The Procurator General of the Supreme People’s Procuracy shall detail this Article.

Article 21. Preparation and sending of requests for mutual legal assistance in criminal matters

1. Request-preparing authorities of Vietnam include:

a/ The central authority of the Socialist Republic of Vietnam in mutual legal assistance in criminal matters;

b/ Investigating authorities;

c/ Procuracies;

d/ Courts;

dd/ Criminal judgment enforcement authorities, civil judgment enforcement authorities;

e/ Other authorities as defined by law.

2. When having the need to request a foreign country to provide mutual legal assistance in criminal matters, the request-preparing authority shall prepare a dossier of request for mutual legal assistance in criminal matters as specified in Article 19 of this Law and send it to the Supreme People’s Procuracy.

3. Within 10 days after receiving the dossier, the Supreme People’s Procuracy shall docket it and check its validity. If the dossier is valid, the Supreme People’s Procuracy shall send it to the competent authority of the foreign country in accordance with the treaty to which the Socialist Republic of Vietnam is a contracting party, or forward it to the Ministry of Foreign Affairs in case Vietnam and the foreign country are not both contracting parties to a treaty, or if the treaty to which the Socialist Republic of Vietnam is a contracting party requires the transmission of the dossier via diplomatic channel, and concurrently notify such to the request-preparing authority. If the dossier is invalid, the Supreme People’s Procuracy shall return it to the request-preparing authority, clearly stating the reason, and request the addition of information or provide guidance on preparing a new request.

4. Within 5 working days after receiving the dossier, the Ministry of Foreign Affairs shall forward it via diplomatic channel to the competent authority of the foreign country for support.

5. If a treaty to which the Socialist Republic of Vietnam is a contracting party or the law of the foreign country requires the Supreme People’s Procuracy to directly prepare the request for mutual legal assistance in criminal matters, the request-preparing authority shall provide information and documents to the Supreme People’s Procuracy.

6. After the dossier is sent to the competent authority of the foreign country, if the request-preparing authority finds it no longer necessary to make the request for the foreign country to provide mutual legal assistance in criminal matters, it shall promptly notify such in writing to the Supreme People’s Procuracy for subsequent notification to the competent authority of the foreign country of the termination of the request for mutual legal assistance in criminal matters.

7. The receipt and transfer of documents, materials and dossiers may be carried out in an electronic environment in accordance with law.

Article 22. Supplementation of information

1. Upon receiving a request from the competent authority of a foreign country for supplementation or clarification of information related to a criminal matter or case, judgment enforcement, or another content in the request for mutual legal assistance in criminal matters, the Supreme People’s Procuracy shall notify such in writing to the request-preparing authority for implementation, clearly stating the deadline. The request-preparing authority shall send a document on information supplementation or clarification to the Supreme People’s Procuracy.

2. In case the competent authority of the foreign country requests supplementation or clarification of information relevant to the provisions of Vietnam’s law, the Supreme People’s Procuracy shall send such information to the competent authority of the foreign country.

3. In case of necessity, the Supreme People’s Procuracy shall assume the prime responsibility for, and coordinate with the request-preparing authority and other related authorities in, reaching agreement on information contents that need to be supplemented or clarified.

Article 23. Notification of results of the execution of requests for mutual legal assistance in criminal matters

1. Within 5 working days after receiving results of the execution of a request for mutual legal assistance in criminal matters from the foreign country, the Supreme People’s Procuracy shall send the results to the request-preparing authority.

2. After receiving the results of the execution of the request for mutual legal assistance in criminal matters, if finding such results unclear or incomplete, the request-preparing authority may propose the Supreme People’s Procuracy to request the competent authority of the foreign country to supplement or clarify such results.

3. Upon receiving the proposal mentioned in Clause 2 of this Article, the Supreme People’s Procuracy shall request the competent authority of the foreign country to supplement or clarify the results of the execution of the request for mutual legal assistance in criminal matters.

Article 24. Legal validity of results of the execution of requests for mutual legal assistance in criminal matters

Results of the execution of requests for mutual legal assistance in criminal matters carried out in accordance with this Law and provided by competent authorities of foreign countries are legally valid and shall be considered for use in the course of settlement of criminal matters or cases or judgment enforcement in accordance with law.

Article 25. Termination of requests for mutual legal assistance in criminal matters

1. A request for mutual legal assistance in criminal matters shall be terminated in the following cases:

a/ The request-preparing authority has fully received results of the execution of the request for mutual legal assistance in criminal matters;

b/ The competent authority of the foreign country notifies in writing the impossibility to execute the request for mutual legal assistance in criminal matters;

c/ The request-preparing authority notifies in writing that the request for mutual legal assistance in criminal matters is no longer necessary;

d/ The Supreme People’s Procuracy, the request-preparing authority and related authorities agree to terminate the request for mutual legal assistance in criminal matters in case of receiving no response from the foreign country.

2. The Procurator General of the Supreme People’s Procuracy shall assume the prime responsibility for, and coordinate with the Chief Justice of the Supreme People’s Court, the Minister of Public Security, the Minister of National Defence, the Minister of Justice and the Minister of Foreign Affairs in, detailing this Article.

Article 26. Requesting foreign countries to examine penal liability

1. For a case involving a foreigner who commits an offence in Vietnam’s territory and has fled abroad but cannot be extradited, the authority that has accepted the case for settlement shall transfer the case file to the Supreme People’s Procuracy to request the country where the offender is present or the country of which the offender is a national to continue examining his/her penal liability. When deciding to transfer the case file, the Supreme People’s Procuracy may also transfer material evidences of the case.

2. The Procurator General of the Supreme People’s Procuracy shall assume the prime responsibility for, and coordinate with the Chief Justice of the Supreme People’s Court, the Minister of Public Security, the Minister of National Defence, the Minister of Justice and the Minister of Foreign Affairs in, detailing this Article.

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(To be continued)

<Source: Official Gazette, Issue No 31/2026>

<Part 1 is available at https://vietnamnews.vn/politics-laws/1801260/law-on-mutual-legal-assistance-in-criminal-matters-part-1.html>