Vietnam Enacts Law on Mutual Legal Assistance in Criminal Matters

SOCIALIST REPUBLIC OF VIET NAM Government News LAW ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS Pursuant to the Constitution of the Socialist Republic of Viet Nam, as amended and supplemented under Resolution No. 203/2025/QH15; The National Assembly hereby enacts the Law on Mutual Legal Assistance in Criminal Matters. Chapter I GENERAL PROVISIONS Article 1. Scope of regulation This Law provides for principles, competence, sequences, and procedures for implementing mutual legal assistance in criminal matters between Viet Nam and foreign countries; and responsibilities of Vietnamese state agencies in mutual legal assistance in criminal matters. Article 2. Subjects of application This Law shall apply to Vietnamese agencies, organizations, and individuals, as well as foreign agencies, organizations, and individuals involved in mutual legal assistance in criminal matters between Viet Nam and foreign countries. Article 3. Interpretation of terms In this Law, the terms below shall be construed as follows: 1. Mutual legal assistance in criminal matters means the provision of assistance between Viet Nam and foreign countries, through competent state agencies, in executing verification, investigation, and evidence collection, or performing other activities to serve the settlement of criminal matters, criminal cases, and execution of judgments. 2. Requesting state means a state sending a request for mutual legal assistance in criminal matters to a requested state for consideration and assistance in execution. 3. Requested state means a state requested to execute mutual legal assistance in criminal matters. 4. Requesting authority means an authority competent under the law to request a foreign country to execute mutual legal assistance in criminal matters to settle a criminal matter, criminal case, or execute a judgment. 5. Executing authority means an authority competent under the law assigned to execute mutual legal assistance in criminal matters in Viet Nam or in a foreign country. Article 4. Application of law 1. Mutual legal assistance in criminal matters shall be executed in accordance with the provisions of this Law; where this Law does not provide for a matter, the provisions of criminal procedure code and other relevant provisions of Vietnamese law shall apply. 2. The application of foreign law shall only be carried out in accordance with international treaties to which the Socialist Republic of Viet Nam is a signatory. Article 5. Principles of mutual legal assistance in criminal matters 1. Mutual legal assistance in criminal matters shall be executed on the principles of respect for independence, sovereignty, territorial integrity, non-interference in each other's internal affairs, equality, and mutual benefit, in accordance with the Constitution and law of Viet Nam and relevant international treaties to which the Socialist Republic of Viet Nam is a signatory. 2. Where Viet Nam and a foreign country are not co-contracting parties to an international treaty on mutual legal assistance in criminal matters, mutual legal assistance in criminal matters shall be executed on the principle of reciprocity, provided that it is not contrary to Vietnamese law and complies with international law and international practice. Article 6. Central Authority of the Socialist Republic of Viet Nam in mutual legal assistance in criminal matters 1. The Supreme People's Procuracy shall act as the Central Authority of the Socialist Republic of Viet Nam in mutual legal assistance in criminal matters. 2. The Central Authority of the Socialist Republic of Viet Nam in mutual legal assistance in criminal matters shall serve as the focal point for information exchange, receipt, transfer, monitoring, and urging of mutual legal assistance in criminal matters; refuse or postpone requests for mutual legal assistance in criminal matters within its competence; coordinate with relevant agencies to consider and resolve requests for mutual legal assistance in criminal matters; propose the conclusion of, accession to, and implementation of international treaties on mutual legal assistance in criminal matters; and perform other duties and powers as prescribed by the law on mutual legal assistance in criminal matters and international treaties to which the Socialist Republic of Viet Nam is a signatory. Article 7. Application of the reciprocity principle in mutual legal assistance in criminal matters 1. The Supreme People's Procuracy shall decide on the receipt and processing of requests for mutual legal assistance in criminal matters from foreign countries and the transmission of requests for mutual legal assistance in criminal matters from Viet Nam on the principle of reciprocity. 2. Where necessary, the Supreme People's Procuracy shall consult the Ministry of Foreign Affairs and relevant agencies before making a decision. Article 8. Language of dossiers of request for mutual legal assistance in criminal matters 1. Where Viet Nam and a foreign country are co-contracting parties to an international treaty on mutual legal assistance in criminal matters, the language used in a dossier of request for mutual legal assistance in criminal matters shall be the language specified in such international treaty. 2. Where Viet Nam and a foreign country are not co-contracting parties to an international treaty on mutual legal assistance in criminal matters, the dossier of request for mutual legal assistance in criminal matters shall be accompanied by a translation into the language of the requested state or another language acceptable to the requested state. 3. Requesting authorities of Viet Nam shall translate documents specified in Clause 1, Article 19 of this Law into the language prescribed in Clauses 1 and 2 of this Article. Article 9. Scope of mutual legal assistance in criminal matters The scope of mutual legal assistance in criminal matters shall include: 1. Service of procedural documents; 2. Search and seizure; 3. Confiscation, return, and handling of physical evidence and assets; 4. Arranging for persons in the requested state to travel to the requesting state to assist in investigation or provide evidence; 5. Arranging for authorized persons of the requesting state to travel to the requested state to be present during the execution of mutual legal assistance in criminal matters; 6. Temporary transfer of persons in temporary detention or serving imprisonment sentences in the requested state to the requesting state to assist in investigation or provide evidence; 7. Taking statements in person, online, or through other forms of evidence collection and provision; 8. Transfer of criminal prosecution; 9. Exchange of information; 10. Other forms of assistance. Article 10. Exemption from consular legalization Dossiers of request and results of execution of requests for mutual legal assistance in criminal matters shall be exempt from consular legalization if signed and sealed by