Vietnam: Refusal or postponement of performance of criminal legal mandates of foreign countries

16:29, 17/01/2014

According to Vietnam’s regulations on legal assistance, there are certain cases where the performance of criminal legal mandates of foreign countries may be refused for specific reasons. So, what exactly are these cases?

According to Article 21 of the Law on Legal Assistance 2007 of Vietnam, foreign criminal legal mandates are rejected for performance in one of the following cases:

One, they do not conform to treaties to which Vietnam is a contracting party or to Vietnamese law;

Two, they cause harm to national sovereignty or security;

Three, they are related to the examination of penal liability of a person for his/her criminal act for which he/she was sentenced, declared unguilty or granted general or special amnesty in Vietnam;

Four, they are related to criminal acts for which the penal liability examination statute of limitations has expired under the provisions of Vietnam's Criminal Code.

Five, they are related to law-breaking acts which, however, do not constitute a crime under the provisions of Vietnam's Criminal Code.

The performance of criminal legal mandates in Vietnam may be postponed if it obstructs the process of investigation, prosecution, trial or judgment enforcement in Vietnam.

When deciding to refuse or postpone the performance of criminal legal mandates, the Supreme People's Procuracy shall notify the requesting countries of the reasons therefor and measures to be applied.

View more details at: The Law on Legal Assistance 2007 of Vietnam was promulgated on November 21, 2007 and officially came into force from July 01, 2008.

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