On the morning of November 26, with 426/427 delegates participating in the vote, the National Assembly officially passed the Law on Criminal Judicial Assistance. The law takes effect from July 1, 2026.
According to the approved law, the Supreme People's Procuracy is the central agency of Vietnam in criminal justice equivalent (TTTPHS).
This agency is responsible for acting as a focal point for exchanging information, receiving, transferring, monitoring, and urging the implementation of the VBSP; refusing or postponing the implementation of the VBSP request according to its authority; coordinating with relevant agencies to review and resolve the VBSP request.
Propose the signing, joining, implementing international treaties on airport cooperation and performing other tasks and powers as prescribed by airport law and international treaties to which Vietnam is a member.
The Law stipulates 10 forms of administrative cooperation between Vietnam and abroad, including: delivery, assignment, sending of legal documents; Searching, confiscating; Confiscation, return, handling of evidence and assets; Organizing for people in the country requested to go to the country to support the investigation, provide evidence; Organizing for people in the country requested to go to the country to be present during the implementation of administrative cooperation;
Transferring temporarily detained or serving a prison sentence in the requested country to the requested country to support the investigation, provide evidence; Taking statements directly, online and other forms of collection and provision of evidence; Transferring criminal prosecution; exchanging information and other forms of support.
The law clearly stipulates cases where foreign applications for special protection granted by foreign countries are refused, including cases related to the prosecution of criminal liability of a person for a crime for which that person has been convicted, declared not guilty or granted amnesty or amnesty in Vietnam; related to the crime that has expired according to the provisions of Vietnamese criminal law.
In addition, in cases where there is a basis to believe that the request for special protection against criminal liability for a person is to prosecute for reasons of race, religion, nationality, ethnic origin, political views of that person or for these reasons that that person may be treated unfairly in the process of prosecuting criminal liability, the request for legal aid will also be rejected.
Notably, the law has added regulations to consider requirements related to the death penalty. Accordingly, in cases where foreign countries request Vietnam not to apply the death penalty or not execute the death penalty to implement the request for special treatment, the Supreme People's Procuracy will preside over and coordinate with relevant agencies to issue a notice.
In case Vietnam requests foreign countries not to apply the death penalty or not execute the death penalty to comply with the request for special treatment, the Supreme People's Procuracy requests foreign countries to make a written commitment on this content.
