Vietnam: Cases of refusal of extradition to foreign countries

Nguyen Trinh

16:34, 15/01/2015

Extradition means the hand-over by one country to another country of a person who has committed a criminal act or been criminally sentenced and is being present in its territory so that the extradition-requesting country conducts the penal liability examination or judgment enforcement against such person.

According to Article 35 of the Law on Legal Assistance 2007 of Vietnam, competent proceedings-conducting bodies of Vietnam may refuse extradition if the extradition requests fall into one of the following cases:

- The persons requested for extradition are Vietnamese citizens;

- Under Vietnamese law, the persons requested for extradition cannot be examined for penal liability or serve their penalties due to expired statute of limitations or other lawful reasons;

- The persons requested for extradition for penal liability examination have already been condemned by Vietnamese courts with legally effective judgments for the criminal acts stated in the extradition requests or the cases have been suspended under Vietnam's criminal procedure law;

- The persons requested for extradition are those who are residing in Vietnam for reasons of possible coercion in the extradition-requesting country due to discrimination of race, religion, gender, nationality, ethnicity, social class or political viewpoint;

- The extradition requests are related to different crimes and each crime can be examined for penal liability under the law of the extradition-requesting country, but fail to comply with Clause 1, Article 33 of this Law.

Apart from these cases of extradition refusal, competent proceedings-conducting bodies of Vietnam may refuse extradition if the extradition requests fall into one of the following cases:

- Acts committed by persons requested for extradition are not crimes under Vietnam's Criminal Code;

- Persons requested for extradition are being examined for penal liability in Vietnam for the criminal acts stated in the extradition requests.

Competent proceedings-conducting bodies of Vietnam that refuse extradition under the above provisions shall notify their counterparts in the extradition-requesting countries thereof.

View more details at: The Law on Legal Assistance 2007 of Vietnam officially came into force from July 01, 2008.

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