I. Legal basis

• The Law on Extradition 2025

II. Key novel provisions of the Law on Extradition 2025

1. Scope of application for Extradition

The Extradition Law 2025 expands the scope of extraditable offenses. Accordingly, persons who commit criminal acts punishable by imprisonment of one year or more may be subject to extradition consideration, rather than being restricted to the narrow limitations previously in place. This provision aims to enhance the effectiveness of criminal prosecution against subjects absconding abroad.

Pursuant to Article 7 of the Extradition Law 2025, extraditable cases shall include:

• A person subject to extradition is one who has committed a criminal act for which:
  • Both the laws of Vietnam and the laws of the foreign state prescribe a penalty of fixed-term imprisonment of 01 year or more, life imprisonment, or the death penalty;
  • The person has been sentenced to imprisonment by a court of the requesting state and the remaining duration of the prison sentence to be served by such person is at least 06 months.

• The criminal acts of the person stipulated in Clause 1 of this Article are not required to fall within the same group of crimes or carry the same charge, and the constituent elements of the crimes are not required to be identical under the laws of Vietnam and the laws of the foreign state.

• In cases where a foreign state requests extradition involving a person who has committed multiple criminal acts:

• Where each act constitutes a criminal offense under both Vietnamese law and the law of the foreign jurisdiction, and at least one such act satisfies the conditions prescribed in Clause 1, Article 7 of the Law on Extradition 2025, Viet Nam may consent to the extradition of the person concerned.
• Where Viet Nam is the requesting State, the Ministry of Public Security shall request the competent authorities of the foreign jurisdiction to grant extradition in respect of analogous cases.

• Where the criminal conduct of the person, as provided for in Clause 1, Article 7 of the Law on Extradition 2025, occurs outside the territory of Viet Nam, the extradition of such person may be effected provided that such conduct is defined as a criminal offense under Vietnamese law.

Thus, extradition shall apply to persons committing criminal acts punishable by a fixed-term imprisonment of 01 year or more (or life imprisonment or the death penalty) under both the laws of Vietnam and the laws of the requesting state, or to persons already convicted whose remaining term of imprisonment to be served is at least 06 months, regardless of whether the charges or the constituent elements of the crime are identical between the two nations.

2.Principles of Extradition

The Law continues to affirm the fundamental principles of extradition activities, including respect for national sovereignty, safeguarding national interests, and the refusal of extradition in cases that violate humanitarian principles or human rights. These principles ensure that extradition is conducted strictly, cautiously, and in accordance with international practice.

Pursuant to Article 5 of the Extradition Law 2025, the application of the principle of reciprocity in extradition shall be implemented upon fulfillment of the following conditions:

• First, compliance with the following principles:
  • Respect for independence, sovereignty, and territorial integrity, non-interference in each other’s internal affairs, equality, and mutual benefit; consistency with the Constitution, the laws of Vietnam, and international treaties to which the Socialist Republic of Vietnam is a signatory;
  • In cases where Vietnam and the foreign state are not co-signatories to an international treaty on extradition, extradition shall be implemented in accordance with the principle of reciprocity, provided that it is not contrary to the laws of Vietnam and remains consistent with international law and international customs.

• Second, the competent authorities of the foreign jurisdiction provide a written undertaking to comply with requests of Viet Nam in analogous cases. Where Viet Nam is the requesting State, the Central Authority of the Socialist Republic of Viet Nam for extradition shall provide a written undertaking to apply the principle of reciprocity;

• Third, such application is consistent with the practice and the needs of extradition cooperation between Viet Nam and the foreign jurisdiction;
• Fourth, the Central Authority of the Socialist Republic of Viet Nam for extradition shall, on the basis of the provisions of Clause 1 of this Article, decide on the application of the principle of reciprocity in extradition. Where necessary, the Central Authority of the Socialist Republic of Viet Nam for extradition shall seek the opinions of the Ministry of Foreign Affairs and other relevant authorities prior to making such a decision.

3. Clearly define the order, procedures, competence, and responsibility for formulating and submitting extradition requests

The Law on Extradition clearly prescribes the order and procedures, as well as the competence and responsibilities, for the formulation and transmission of Viet Nam’s extradition requests to foreign jurisdictions, and likewise sets out the order and procedures, competence, and responsibilities of Vietnamese authorities in the receipt, examination, and resolution of extradition requests submitted by foreign jurisdictions to Viet Nam.

Regarding extradition requests from Vietnam to foreign countries: The Law supplements the designation of Vietnamese authorities competent to formulate extradition requests, including the Ministry of Public Security, criminal sentence enforcement management authorities, and criminal sentence enforcement authorities; it also introduces provisions governing the handling of cases where a foreign jurisdiction refuses Viet Nam’s extradition request. Accordingly, in cases where a foreign national commits an offense within the territory of Viet Nam and subsequently absconds abroad, but the foreign jurisdiction refuses Viet Nam’s request for extradition, the authority that formulated the extradition request shall transfer the case file to the Supreme People’s Procuracy for the purpose of requesting the State where the offender is present or the State of the offender’s nationality to continue the criminal prosecution.

Regarding extradition requests from foreign countries to Vietnam: The Regional People’s Court of the locality where the person requested for extradition is residing, being held in temporary custody, being held in temporary detention, serving a prison sentence, or staying in a facility within that jurisdiction shall review and decide on the extradition or the refusal of extradition.

Supplementing provisions on extradition sequences and procedures

• The Extradition Law 2025 has introduced supplemental provisions governing cases in which sessions for reviewing extradition requests may be adjourned; reduced the number of judges presiding over decisions to grant or refuse extradition from 03 judges to 01 judge; established additional regulations on appellate, cassation, and reopening procedures for decisions regarding the grant or refusal of extradition; and provided specific stipulations on the competence and designated accommodation facilities for the holding of persons in emergency cases prior to the receipt of a formal extradition request.
• In addition, the Law introduces provisions on simplified extradition; extends the time limit for the surrender of the person sought for extradition to 30 days from the date on which the decision to enforce the extradition decision takes effect; and provides for extensions of the surrender period on legitimate grounds to ensure conformity with practical requirements of extradition practice. It further supplements a number of grounds on which extradition must be refused, including where the request for extradition is inconsistent with the principles of extradition or where the offense for which extradition is sought does not satisfy the requirements set out in Article 7 of the Law. The Law also introduces grounds on which extradition may be refused in cases where the offense specified in the extradition request is a political or military offense in accordance with the applicable international treaties to which the Socialist Republic of Viet Nam is a party; and provides for the handling of cases in which Viet Nam refuses to extradite a foreign national to a foreign jurisdiction.

III. About Us, Hankuk Law Firm

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