The National Assembly session voted to pass the Law on Mutual Legal Assistance in Criminal Matters. Photo: Quochoi.vn
On the morning of November 26, with 426/427 delegates participating in the vote in favor, the National Assembly officially passed the Law on Mutual Legal Assistance in Criminal Matters . The law takes effect from July 1, 2026.
According to the passed law, the Supreme People's Procuracy is the Central agency of Vietnam in mutual legal assistance in criminal matters (MLAs).
This agency is responsible for acting as a focal point for information exchange, receiving, transferring, monitoring, and urging the implementation of TTTPHS; refusing or postponing the implementation of TTTPHS requests according to its authority; and coordinating with relevant agencies to consider and resolve TTTPHS requests.
Propose the signing, accession and implementation of international treaties on TTTPHS and perform other duties and powers as prescribed by the Law on TTTPHS and international treaties to which Vietnam is a member.
The National Assembly passed the Law on Mutual Legal Assistance in Criminal Matters. Photo: Pham Dong
The Law stipulates 10 forms of criminal procedure between Vietnam and foreign countries, including: Serving, delivering, sending procedural documents; Searching, seizing; Confiscating, returning, handling evidence and assets; Organizing for people in the requested country to go to the requesting country to assist in investigation, provide evidence; Organizing for competent people in the requesting country to go to the requested country to be present during the implementation of criminal procedure;
Temporary transfer of a person who is being detained or serving a prison sentence in the requested country to the requesting country to assist in the investigation and provide evidence; Taking statements directly, online and other forms of collecting and providing evidence; Transferring for criminal prosecution; Exchange of information and other forms of mutual assistance.
The Law clearly stipulates cases in which foreign requests for criminal proceedings are rejected, including cases related to the criminal prosecution of a person for a crime for which the person has been convicted, declared innocent, or granted amnesty or special pardon in Vietnam; and cases related to a crime for which the statute of limitations for criminal prosecution has expired according to the provisions of Vietnamese criminal law.
In addition, in cases where there are grounds to believe that the request for judicial assistance is to prosecute a person for criminal liability because of that person's race, religion, nationality, ethnic origin, political opinions, or for these reasons that person may be treated unfairly during the criminal prosecution process, the request for judicial assistance will also be denied.
Notably, the law has added provisions for considering requests related to the death penalty. Accordingly, in cases where a foreign country requests Vietnam not to apply the death penalty or not to execute the death sentence to implement the request for TTTPHS, the Supreme People's Procuracy shall preside over and coordinate with relevant agencies to issue a notice.
In case Vietnam requests a foreign country not to apply the death penalty or not to execute the death sentence to implement the request for TTTPHS, the Supreme People's Procuracy requests the foreign country to make a written commitment on this content.
PHAM DONG
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