The signing and exchange of the Agreement on Mutual Legal Assistance in Criminal Matters between Vietnam and Japan in 2021. — Photo: kiemsat.vn

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

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Chapter III

REQUESTS FOR MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS FROM FOREIGN COUNTRIES

Article 27. Dossiers of request for mutual legal assistance in criminal matters from foreign countries

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

a/ A written request for mutual legal assistance in criminal matters from the foreign country as specified in Article 28 of this Law; and,

b/ Other documents (if any).

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

Article 28. Written requests for mutual legal assistance in criminal matters from foreign countries

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

1. Name of the request-preparing authority;

2. Grounds for preparing the request;

3. Names and addresses of individuals and organisations related to the request;

4. Purpose(s) of the request;

5. Information on the criminal matter or case or judgment enforcement; circumstances of the criminal matter or case or judgment enforcement related to Vietnam; relationship between the individuals and organisations related to the request and the content of the criminal matter or case, judgment enforcement; and progress of settlement of the criminal matter or case, or judgment enforcement;

6. Provisions of the law of the requesting country on the offence and applicable penalty(ies);

7. Matters requiring mutual legal assistance of Vietnam;

8. Deadline for notification of results of the request execution (if any);

9. Information confidentiality requirement (if any).

Article 29. Receipt of dossiers of request for mutual legal assistance in criminal matters from foreign countries

1. Within 10 days after receiving a dossier of request for mutual legal assistance in criminal matters from the competent authority of a foreign country, the Supreme People’s Procuracy shall docket it and check its validity. If the dossier is valid, the Supreme People’s Procuracy shall forward it to the requesting-executing authority for execution. If the dossier is invalid, the Supreme People’s Procuracy shall return it to the competent authority of the foreign country, or request the supplementation of information, clearly stating the reason.

2. If a treaty between Vietnam and a foreign country states that the request for mutual legal assistance in criminal matters may be prepared in another language, and the dossier has not been translated into Vietnamese, the Supreme People’s Procuracy must have the documents in the dossier translated into Vietnamese in accordance with law. Within 10 days after receiving the translations, the Supreme People’s Procuracy shall process the dossier in accordance with Clause 1 of this Article.

3. If the dossier of request for mutual legal assistance in criminal matters is sent through other authorities, within 5 working days, the dossier-receiving authority shall forward it to the Supreme People’s Procuracy.

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

Article 30. Refusal or postponement of execution of requests for mutual legal assistance in criminal matters from foreign countries

1. A request for mutual legal assistance in criminal matters from a foreign country shall be refused in one of the following cases:

a/ As is specified in the treaty to which the Socialist Republic of Vietnam is a contracting party;

b/ The request violates the principles specified in Clause 1, Article 5 of this Law;

c/ The request is prejudicial to the sovereignty, national security, national interests, or public order of Vietnam;

d/ The request is related to the examination for penal liability of a person for an offence for which he/she has been convicted, acquitted, or granted a general amnesty or special amnesty in Vietnam;

dd/ The request is related to an offence for which the statute of limitations for penal liability examination has expired in accordance with the criminal law of Vietnam;

e/ There are grounds to believe that the request is made for the purpose of examining a person for penal liability on account of his/her race, religion, nationality, ethnic origin or political view, or that he/she may be unfairly treated in the course of penal liability examination for such reasons.

2. A request for mutual legal assistance in criminal matters from a foreign country may be refused in one of the following cases:

a/ A violation of law is committed but does not constitute an offence in accordance with the criminal law of Vietnam;

b/ The execution of the request falls beyond the capacity and conditions of the request-executing authority in Vietnam;

c/ The request concerns an offence related to political or military matters as provided in the treaty to which the Socialist Republic of Vietnam is a contracting party.

3. The execution of a request for mutual legal assistance in criminal matters from a foreign country may be postponed in Vietnam if it impedes the process of initiation of criminal cases, investigation, prosecution, trial, or judgment enforcement in Vietnam.

4. When deciding to refuse or postpone the execution of a request for mutual legal assistance in criminal matters under Clauses 1, 2 and 3 of this Article, the Supreme People’s Procuracy shall notify such to the competent authority of the requesting foreign country, clearly stating the reason.

Article 31. Execution of requests for mutual legal assistance in criminal matters from foreign countries

1. Request-executing authorities in 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. After executing a request for mutual legal assistance in criminal matters, a request-executing authority specified in Point b, c, d, dd or e, Clause 1 of this Article shall send results of the execution of the request to the Supreme People’s Procuracy. Within 5 working days after receiving the results, the Supreme People’s Procuracy shall send them to the competent authority of the foreign country in accordance with the treaty to which Vietnam and the foreign country are contracting parties, or through diplomatic channel.

3. If it is impossible to execute a request for mutual legal assistance in criminal matters, or if additional information or documents are required, a request-executing authority shall notify such in writing to the Supreme People’s Procuracy, clearly stating the reason, for the latter to inform thereof to the competent authority of the foreign country.

4. 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 Clause 1 of this Article.

Article 32. Execution of requests for service, delivery or sending of summonses

1. In case of summoning witnesses, expert witnesses or other related individuals who are currently present in Vietnam to the requesting country, the competent authority of the requesting country shall send a written request enclosed with the summons (if any) to the Supreme People’s Procuracy at least 90 days before the date such persons are required to appear in the requesting country. In urgent cases, the Supreme People’s Procuracy may refuse to apply this time limit.

2. The Supreme People’s Procuracy shall forward the request to the request-executing authority when the following conditions are fully satisfied:

a/ The request is related to a criminal matter or case or judgment enforcement in the requesting country;

b/ There are grounds to believe that the summoned person is present in Vietnam.

3. The request-executing authority shall promptly carry out the service, delivery or sending of the summons in accordance with the order and procedures specified by the criminal procedure law or as stated in the request for mutual legal assistance in criminal matters. After serving, delivering or sending the summons, the request-executing authority shall promptly send to the Supreme People’s Procuracy a letter of confirmation of request service, delivery or sending, or clearly state the reason for notification to the requesting country if it is impossible to serve, deliver or send the request.

Article 33. Execution of requests for online taking of statements

1. After receiving a request for online taking of statements, the request-executing authority shall verify information and address of the person subject to online taking of statements; ask him/her whether he/she agrees or disagrees to give statements online; and notify other related issues.

2. The request-executing authority shall notify opinions of the person subject to online taking of statements to the Supreme People’s Procuracy for subsequent notification to the requesting country.

3. If the person subject to online taking of statements agrees to the online taking of statements and the request for mutual legal assistance in criminal matters satisfies Vietnam’s conditions, the Supreme People’s Procuracy shall notify such to the requesting country and ask the latter to provide information on the time and place of taking statements; expenses for the person whose statements are taken; participants in the taking of statements in the requesting country; and other necessary information.

If the person subject to online taking of statements disagrees to the online taking of statements, or agrees to it but on certain conditions, the Supreme People’s Procuracy shall notify such to the requesting country.

4. If the requesting country complies with the provisions of Clause 3 of this Article, the Supreme People’s Procuracy shall notify such to the request-executing authority for organising the execution.

5. 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 34. Execution of requests for confiscation, return and handling of material evidences and assets

1. The competent authorities of Vietnam shall apply procedural measures to ensure the confiscation, return and handling of material evidences and assets related to criminal acts in accordance with the criminal procedure law and other relevant laws.

2. If Vietnam and a foreign country are both contracting parties to a treaty on mutual legal assistance in criminal matters, the return of confiscated assets shall be carried out in accordance with that treaty. If Vietnam and a foreign country are not both contracting parties to a treaty on mutual legal assistance in criminal matters, or the treaty to which the Socialist Republic of Vietnam is a contracting party does not provide this issue, the return of confiscated assets shall be carried out in accordance with the asset-sharing agreement between Vietnam and the foreign country.

3. Expenses arising in the course of execution of a request for mutual legal assistance in criminal matters shall be deducted before proceeding with the asset-sharing agreement between Vietnam and the foreign country.

4. When this Article is applied, the lawful rights and interests of persons with related rights and obligations shall be respected and protected.

5. The Supreme People’s Procuracy shall assume the prime responsibility for, and coordinate with related authorities in, identifying the arising expenses and reaching an asset-sharing agreement between Vietnam and the foreign country.

Article 35. Arrangement of travel of persons in Vietnam to foreign countries to assist in investigation or provide evidence

1. At the request of the competent authority of a foreign country, the Supreme People’s Procuracy may arrange travel of a person not falling into the cases specified in Article 37 of this Law to the foreign country to assist in investigation or provide evidence. When deeming it necessary, the Supreme People’s Procuracy shall notify the competent authority of the foreign country of the necessity to continue applying a measure to restrict personal liberty against such person.

2. After considering the written commitments of the competent authority of the foreign country under Article 11 of this Law, and commitments to ensure safety of life and health, accommodation, travel, and other necessary conditions, the Supreme People’s Procuracy shall coordinate with the request-executing authority in requesting the person specified in Clause 1 of this Article to assist in investigation or provide evidence in the territory of the foreign country; and notify that person of the safeguards, accommodation and travel in the foreign country, allowances or expenses he/she is entitled to, and other relevant information.

3. The Supreme People’s Procuracy shall promptly notify such person’s opinions to the competent authority of the foreign country. If he/she expresses his/her consent, the Supreme People’s Procuracy shall carry out necessary procedures for arranging travel of that person to the foreign country to assist in investigation or provide evidence.

Article 36. Arrangement of travel of competent persons of foreign countries to Vietnam to appear in the course of execution of requests for mutual legal assistance in criminal matters

If the competent authority of a foreign country proposes Vietnam to permit the competent person specified in the request for mutual legal assistance in criminal matters to appear in the course of execution of the request in Vietnam, the Supreme People’s Procuracy shall consult the request-executing authority; if agreeing to the proposal, the Supreme People’s Procuracy shall notify the competent authority of the foreign country of the time and place of executing the request for mutual legal assistance in criminal matters; if disagreeing to the proposal or if a circumstance arises that may lead to the postponement of execution of the request, the Supreme People’s Procuracy shall notify such to the competent authority of the foreign country, clearly stating the reason.

Article 37. Temporary transfer of persons who are currently detained or serving sentences in Vietnam to foreign countries to assist in investigation or provide evidence

1. A person who is currently detained or serving a sentence in Vietnam may be temporarily transferred to the competent authority of a foreign country to assist in investigation or provide evidence in the foreign country. In this case, the Supreme People’s Procuracy shall notify such to the competent authority of the foreign country for continued detention of the temporarily transferred person.

2. The competent authority of Vietnam shall temporarily transfer a person who is currently detained or serving a sentence as specified in Clause 1 of this Article only when the following conditions are fully satisfied:

a/ That person agrees to the temporary transfer to assist in investigation or provide evidence in the foreign country;

b/ The competent authority of the foreign country makes a written commitment on safeguards as specified in Article 11 of this Law, ensuring safety of life and health, accommodation, travel, time limit and method of receipt and return, and other conditions related to the temporary transfer. The return of the temporarily transferred person to the competent authority of Vietnam shall be carried out within the committed time limit.

3. The period of the temporarily transferred person being under escort and staying in the foreign country shall be counted into his/her detention period or sentence serving term.

4. When the detention period or sentence serving term of a temporarily transferred person expires, or when it is deemed no longer necessary to continue detaining him/her, the Supreme People’s Procuracy shall notify such to the competent authority of the foreign country for releasing him/her and ensuring satisfaction of the conditions specified in Clause 2, Article 35 of this Law for him/her.

If deeming it necessary, the Supreme People’s Procuracy shall notify the competent authority of the foreign country of the necessity to apply another measure to restrict personal liberty against the detainee who has been released under this Clause.

5. When implementing the provisions of Clause 1 of this Article, the order, procedures and competence for deciding on and carrying out the temporary transfer are similar to those for temporary transfer and escort of persons who are currently detained or serving sentences in accordance with the criminal procedure law, the laws on execution of temporary custody and detention, criminal judgment enforcement, and other relevant laws.

6. 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 38. Processing of requests of foreign countries for penal liability examination

1. Upon receiving a foreign country’s dossier of request for further penal liability examination against a Vietnamese citizen who has committed an offence in the foreign country and is currently present in Vietnam, the Supreme People’s Procuracy shall check the validity of the dossier and process it as follows:

a/ Forwarding the dossier to the investigating authority of the Ministry of Public Security or the investigating authority of the Ministry of National Defence for conducting investigation according to its competence;

b/ Forwarding the dossier to the provincial-level People’s Procuracy of the locality where the person in question last resided before traveling to the foreign country or to the competent military-zone Military Procuracy for further penal liability examination or for forwarding to the same-level investigating authority for conducting investigation according to its competence.

2. The investigation, prosecution and trial of the case specified in Clause 1 of this Article shall be carried out in accordance with Vietnam’s law.

3. In the course of processing a foreign country’s request for further penal liability examination, if additional information or documents from the foreign country are required, the request-executing authority shall send a written request to the Supreme People’s Procuracy for asking the competent authority of the foreign country to provide additional information or documents.

Article 39. Termination of the execution of requests for mutual legal assistance in criminal matters

1. The execution of a request for mutual legal assistance in criminal matters shall be terminated in the following cases:

a/ The Supreme People’s Procuracy notifies the requesting country of execution results;

b/ The Supreme People’s Procuracy notifies the requesting country of impossibility of the execution of the request for mutual legal assistance in criminal matters;

c/ The requesting country notifies the termination of the request for mutual legal assistance in criminal matters.

2. In the case specified in Point c, Clause 1 of this Article, the Supreme People’s Procuracy shall notify the request-executing authority thereof for termination of the execution of the request for mutual legal assistance in criminal matters.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 40. Amendments and supplementations to a number of articles of the relevant laws

1. To amend and supplement a number of articles of Criminal Procedure Code No. 101/2015/QH13, which has a number of articles amended and supplemented under Law No. 02/2021/QH15, Law No. 34/2024/QH15, Law No. 59/2024/QH15 and Law No. 99/2025/QH15, as follows:

a/ To amend and supplement Point a, Clause 1, Article 148 as follows:

“a/ An expert examination has been solicited or an asset valuation requested but no results are obtained; mutual legal assistance of a foreign country has been requested but has not yet been terminated in accordance with the Law on Mutual Legal Assistance in Criminal Matters;”;

b/ To amend and supplement Clause 3, Article 148 as follows:

“3. In case of suspending the settlement of an offence denunciation or report or a criminal case initiation proposal, the expert examination or asset valuation shall continue until its results are obtained; and the mutual legal assistance shall continue until terminated in accordance with the Law on Mutual Legal Assistance in Criminal Matters.”;

c/ To amend and supplement Point c, Clause 1, Article 229 as follows:

“c/ When an expert examination has been solicited or an asset valuation requested but no results are obtained, or mutual legal assistance of a foreign country has been requested but has not yet been terminated in accordance with the Law on Mutual Legal Assistance in Criminal Matters, while the investigation period has expired; in this case, the expert examination or asset valuation shall continue until its results are obtained; and the mutual legal assistance shall continue until terminated in accordance with the Law on Mutual Legal Assistance in Criminal Matters;”;

d/ To amend and supplement Point c, Clause 1, Article 247 as follows:

“c/ When an expert examination has been solicited or an asset valuation requested but no results are obtained, or mutual legal assistance of a foreign country has been requested but has not yet been terminated in accordance with the Law on Mutual Legal Assistance in Criminal Matters, while the time limit for deciding on prosecution has expired; in this case, the expert examination or asset valuation shall continue until its results are obtained; and the mutual legal assistance shall continue until terminated in accordance with the Law on Mutual Legal Assistance in Criminal Matters;”;

dd/ To amend and supplement Clause 1, Article 443 as follows:

“1. The investigating authority or the authority assigned to carry out a number of investigative activities shall issue a decision to suspend the investigation if an expert examination has been solicited or an asset valuation requested but no results are obtained, or mutual legal assistance of a foreign country has been requested but has not yet been terminated in accordance with the Law on Mutual Legal Assistance in Criminal Matters, while the investigation period has expired. In this case, the expert examination or asset valuation shall continue until its results are obtained; and the mutual legal assistance shall continue until terminated in accordance with the Law on Mutual Legal Assistance in Criminal Matters.”;

e/ To replace the phrase “Law on Mutual Legal Assistance” in Point c, Clause 3, Article 185 with the phrase “Law on Mutual Legal Assistance in Criminal Matters”;

g/ To add the phrase “a person who is currently detained,” in Article 496 after the phrase “expert witness,”.

2. To replace the phrase “Law on Mutual Legal Assistance” in Clause 4, Article 32 of Law No. 63/2014/QH13 on Organization of People’s Procuracies, which has a number of articles amended and supplemented under Law No. 82/2025/QH15, with the phrase “Law on Mutual Legal Assistance in Criminal Matters”.

3. To amend and supplement Clause 2, Article 28 of Law No. 47/2014/QH13 on Foreigners’ Entry into, Exit from, Transit through, and Residence in, Vietnam, which has a number of articles amended and supplemented under Law No. 51/2019/QH14 and Law No. 23/2023/QH15, as follows:

“2. The cases specified in Clause 1 of this Article are not applicable to the persons specified in Clause 1, Article 35 and Clause 1, Article 37 of the Law on Mutual Legal Assistance in Criminal Matters.”

Article 41. Effect

1. This Law takes effect on July 1, 2026.

2. Law No. 08/2007/QH12 on Mutual Legal Assistance, which has a number of articles amended and supplemented under Law No. 81/2025/QH15, ceases to be effective on the effective date of this Law, except the transitional provisions of Clause 1, Article 42 of this Law, Article 45 of the Law on Extradition, Article 48 of the Law on Transfer of Sentenced Persons, and Clause 1, Article 38 of the Law on Mutual Legal Assistance in Civil Matters.

Article 42. Transitional provisions

1. Requests for mutual legal assistance in criminal matters that are prepared or received by the Supreme People’s Procuracy before the effective date of this Law shall continue to be considered and settled in accordance with Law No. 08/2007/QH12 on Mutual Legal Assistance, which has a number of articles amended and supplemented under Law No. 81/2025/QH15.

2. The term “judicial mandate” in criminal matters, as provided in Clause 1, Article 6 of Law No. 08/2007/QH12 on Mutual Legal Assistance, which has a number of articles amended and supplemented under Law No. 81/2025/QH15, and used in the current legal documents, shall be considered equivalent to the term “request for mutual legal assistance in criminal matters” referred to in this Law.

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

Chairman of the National Assembly

TRAN THANH MAN

<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>

<Part 2 is available at https://vietnamnews.vn/politics-laws/1801781/law-on-mutual-legal-assistance-in-criminal-matters-part-2.html>