On the morning of November 26, the National Assembly voted to pass four laws including: the Extradition Law, the Law on Transfer of Persons Serving Prison Sentences, the Law on Mutual Legal Assistance in Civil Matters, and the Law on Mutual Legal Assistance in Criminal Matters.
The four laws recently passed by the National Assembly all take effect from July 1, 2026.
The Extradition Law was passed with 426/430 National Assembly deputies present (89.97% of the total number of National Assembly deputies). The Law consists of 4 chapters and 45 articles, stipulating the principles, competence, conditions, order and procedures for extradition between Vietnam and foreign countries; and the responsibilities of Vietnamese State agencies in extradition.
Percentage of National Assembly deputies voting to pass the Extradition Law (Photo: Hong Phong).
One of the new provisions is that the law clearly stipulates the detention of people in emergency cases before an extradition request is made.
Accordingly, the document requesting the detention of a person in an emergency must have a reason and purpose; information about the crime and penalty; and a commitment to compensate for damages in case of injustice or wrongdoing against the person detained in an emergency before the extradition request is made.
The Ministry of Public Security will check the validity of the request for detention according to regulations. If the request is valid, the Ministry of Public Security will forward it to the competent police agency to decide to detain the person and take them to an accommodation facility.
The period of detention in emergency cases is 45 days from the date of admission to the accommodation facility. The Minister of Public Security shall prescribe details on detention in emergency cases before an extradition request is made.
Regarding conditional extradition, the new law stipulates that in cases where a foreign country requests that Vietnam meet certain conditions to agree to extradition, the Ministry of Public Security shall preside over and coordinate with competent Vietnamese agencies to accept part or all of these conditions on the basis of compliance with the extradition principles prescribed in this law.
National Assembly session on the morning of November 26 (Photo: Hong Phong).
In case it is necessary to request a foreign country to meet certain conditions for Vietnam to agree to extradition, the Ministry of Public Security shall preside over and coordinate with competent authorities of Vietnam to request competent authorities of the foreign country to accept and commit to implementing these conditions.
The Law on Transfer of Persons Serving Prison Sentences was passed by the National Assembly with 429/430 National Assembly deputies present in favor (90.51% of the total number of National Assembly deputies), including 4 chapters and 48 articles.
The notable content of the law is the conversion of prison sentences. According to the provisions of the law, in case the prison sentence in the judgment or decision that the court of the transferring country has pronounced on a person serving a prison sentence is not in accordance with the provisions of the Penal Code and other provisions of Vietnamese law, it must be converted accordingly.
The conversion of prison sentences is based on the circumstances of the case stated in the judgment or decision pronounced by the court of the transferring country.
The transferred prison sentence must not be more severe in nature and duration than the prison sentence imposed by the court of the transferring country. The time served in the transferring country shall be deducted from the time served in Vietnam.
The Law also clearly states that a person serving a prison sentence who is received back to Vietnam must not have been convicted a second time of a crime already declared in a verdict or decision of a court in the transferring country.
In its report explaining this content, the National Assembly Standing Committee said that converting prison sentences is a complicated issue that directly affects the rights of people serving prison sentences, while Vietnam's criminal policy has many differences with other countries.
The Chairman of the Law and Justice Committee presented a report explaining and accepting four draft laws before the National Assembly voted to pass them (Photo: Hong Phong).
Therefore, to ensure the provisions of the law are feasible, stable, and convenient to apply, the law assigns "the Minister of Public Security to preside over and coordinate with the Chief Justice of the Supreme People's Court and the Chief Prosecutor of the Supreme People's Procuracy to detail this article".
The Law on Mutual Legal Assistance in Civil Matters was approved by 429/430 delegates (90.51% of the total number of delegates), consisting of 4 chapters and 38 articles stipulating principles, competence, order and procedures for implementing mutual legal assistance in civil matters between Vietnam and foreign countries; and responsibilities of Vietnamese State agencies in mutual legal assistance in civil matters.
The Law on Mutual Legal Assistance in Criminal Matters was passed with 426/427 delegates voting in favor (89.87% of the total number of delegates). The Law consists of 4 chapters and 42 articles stipulating the principles, competence, order and procedures for implementing mutual legal assistance in criminal matters between Vietnam and foreign countries; and the responsibilities of Vietnamese state agencies in mutual legal assistance in criminal matters.
Source: https://dantri.com.vn/thoi-su/cong-an-co-quyen-giu-nguoi-khan-cap-toi-da-45-ngay-de-dan-do-20251126084331575.htm
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