On the morning of 26/11, the National Assembly voted to pass the Extradition Law.

Under the law, extradition is defined as the transfer of a person who has committed a crime or a person who has been criminally convicted, and is present in the territory of one country, to another country for prosecution or enforcement of a penalty against that person.

Extradition must adhere to principles of respecting independence, sovereignty, and territorial integrity, non-interference in internal affairs, equality, and mutual benefit. It must also comply with the Constitution, Vietnamese law, and international treaties to which the Socialist Republic of Vietnam is a member.

If Vietnam and a foreign country are not both members of an international treaty on extradition, the extradition will be carried out on the principle of reciprocity, provided it does not violate Vietnamese law and is consistent with international law and custom.

Hoang Thanh Tung, Chairman of the Law and Justice Committee, presented the report on feedback and explanations before the draft law was passed. Photo: Hoang Phong

Individuals eligible for extradition are those who have committed crimes punishable by a fixed-term prison sentence of one year or more, life imprisonment, or the death penalty under both Vietnamese and foreign laws.

Individuals who have been sentenced to imprisonment by a court in the requesting country and have at least 6 months remaining on their sentence are also eligible for extradition.

Previously, during discussions, some opinions suggested raising the minimum penalty threshold for extradition from 2 years of imprisonment or more. This was proposed to ensure effective international judicial cooperation and avoid wasting administrative resources on minor cases.

The National Assembly Standing Committee stated that the one-year imprisonment threshold is inherited from the current Law on Mutual Legal Assistance. This threshold aligns with international practice and commitments in extradition agreements signed by Vietnam. It ensures flexible and timely cooperation in various cases, not limiting it to severe crimes.

In practice, competent authorities may consider the possibility of extraditing individuals who have committed crimes punishable by one year of imprisonment if they play a significant role in resolving a case. Raising the minimum imprisonment threshold would prevent extradition in cases with lower penalties, even if they have clear international implications. This would reduce the effectiveness of international judicial cooperation and fail to address the risk of human rights violations in specific instances.

Addressing challenges with death penalty cases during extradition

If a foreign country requests that Vietnam not apply or enforce the death penalty for an individual sought for extradition, the Ministry of Public Security will lead, in coordination with relevant ministries and agencies, in notifying that the death penalty will not be applied or enforced. This applies if the individual sought for extradition falls under circumstances where the death penalty is not applied or enforced according to the Penal Code.

Under the law, Vietnamese agencies may notify that the death penalty will not be enforced for an individual sought for extradition after obtaining the President's opinion. If Vietnam requests a foreign country not to enforce the death penalty for an individual sought for extradition, the Ministry of Public Security will request a written commitment from that country.

The law will take effect on 1/7/2026.

Son Ha