I. Legal basis

• Law on Mutual Legal Assistance 2007
• The extradition agreement between the Socialist Republic of Vietnam and the Republic of Korea took effect on April 19, 2005.

II. What is extradition?

Extradition is the transfer by one country to another country of a person who has committed a crime or has been convicted of a crime who is present in its territory so that the transferred country can prosecute the criminal liability or execute the sentence against that person.

Extradition can be divided into two forms: active extradition and passive extradition. In proactive extradition, Vietnamese competent authorities can request foreign competent authorities to extradite to Vietnam people who have committed crimes or have been convicted of crimes; while passive extradition is the extradition of foreigners who are in Vietnamese territory and have committed crimes or have been convicted of crimes.

III. Obligation to extradite

Pursuant to the provisions of the Agreement, each Party agrees to extradite to the other Party any person present in its territory whom that Party requests for the purpose of prosecution, trial or execution of sentence for an extraditable offense.

IV. Extraditable crimes

An extradited person is a person who has committed an offense that can be punished with imprisonment for a term of one year or more or more severe according to the laws of both Parties at the time of the extradition request.

In the case of an extradition request relating to a person who has been sentenced to imprisonment for an extraditable offense by the Court of the Requesting Party, extradition shall only be granted if the remaining period of sentence is at least six (6) months.

Determination of crimes according to the laws of both Parties is carried out as follows:

• There is no requirement that the laws of both Parties stipulate that the offense must belong to the same group of crimes or the same crime.
• All criminal acts of the person whose extradition is requested must be considered comprehensively and it is not necessary that the constituent elements of that crime under the laws of the Parties must be the same.
• In the case of a request for extradition of a person in connection with an offense relating to tax, customs duties, exchange control or other revenue matters, the Requested Party may not refuse extradition on the grounds that the law of that Party does not provide for or apply the same tax or customs duty or does not have foreign exchange regulations similar to the law of the Requesting Party.
• In the case of a crime committed outside the territory of the Requesting Party, the extradition of the offender shall be carried out where the law of the Requested Party also provides for the penalty for that crime if committed outside its territory in similar circumstances. Where the law of the Requested Party does not so provide, the Requested Party may proceed with extradition at its discretion.
• If the request for extradition concerns more than one offense and each of them is punishable under the laws of both Parties, but some of the offenses do not meet the requirements, the extradition of the offender may be made provided that the person is at least guilty of an extraditable offense.

V. Cases of refusal of extradition

According to Article 35 of the Law on Mutual Legal Assistance 2007, Vietnam’s competent procedural authorities will refuse extradition in the following cases:

• The person requested for extradition is a Vietnamese citizen; The statute of limitations has expired or for other reasons the person whose extradition is requested cannot be prosecuted for criminal liability or serve a penalty;
• The person requested for extradition for criminal prosecution has been convicted by a Vietnamese Court with a legally effective judgment for the offense stated in the extradition request or the case has been suspended according to the provisions of Vietnamese criminal procedure law;
• There is reason to believe that the person whose extradition is requested may be persecuted in the requesting country due to discrimination based on race, religion, nationality, ethnicity, social class or political opinion.

In addition, Vietnam may refuse extradition if the act committed by the person requested for extradition is not considered a crime under Vietnamese law or the person requested for extradition is being prosecuted for criminal liability in Vietnam for the act stated in the extradition request. This regulation demonstrates flexibility in international cooperation on extradition, creating favorable conditions for competent Courts to consider extradition decisions or refuse extradition in each specific case.

VI. About Us, Hankuk Law Firm

■ Hankuk Law Firm – Introduction

The goal of the legal services provided by HANKUK LAW FIRM is to support businesses, investors, and people. Our organization employs skilled Korean lawyers, partners, and professionals to provide legal services to businesses related to corporations and litigation.

To support the startup process, our lawyers and staff provide a wide range of services, including business law consulting, tax and immigration law consulting, real estate services, business consulting, marketing and communications, human resources, product distribution, franchise options, etc. We provide expert advice on every aspect of your business needs.

To protect the legitimate rights and interests of our clients and achieve the best results, we provide legal advice and participate in civil lawsuits related to business, labor, marriage, family, and inheritance.

■ Contact us now

For reliable and effective legal advice, please contact HANKUK LAW FIRM now. We are committed to providing you with the best possible answers and our team of experienced lawyers has extensive knowledge in many legal fields. We are always here to provide the most competent and dedicated support, whether you are dealing with contractual issues, commercial disputes or need guidance on foreign investment. HANKUK LAW FIRM is honored to have assisted hundreds of domestic and international clients in skillfully resolving complex legal issues as their trusted legal partner. Do not let legal issues hinder your success. Let us accompany you towards legal achievement and comfort. For prompt guidance and support to ensure your rights are always maintained at the highest standards, contact HANKUK LAW FIRM now.

■ Contact Hankuk Law Firm:

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