According to the Law on Legal Assistance 2007, the Article from 49 to 51 is regulated about the basic and conditions for transfer of civil and criminal imprisonment persons in the international treaty with Vietnam. For more support, clients can contact to famous law firm in crime and civil in Vietnam at Dragon Law.
I. Grounds for Transfer of Current Imprisonment Servers
1. Current imprisonment servers may be transferred to the countries of which they bear the nationality or other countries, which agree with the transfer for continued service of their imprisonment sentences already declared against them by the transferring countries.
2. The transfer shall be based on treaties to which Vietnam is a contracting party upon request of current imprisonment servers or request of competent bodies of the transferring countries or receiving countries; in case of non-availability of treaties related to transfer, the transfer of current imprisonment servers is carried out under the direct agreement between competent bodies of Vietnam and the concerned countries in accordance with the Law on Legal Assistance, other relevant Vietnamese laws, and international law and practice.
II. Conditions for Receipt and Transfer of Current Imprisonment Servers
1. Persons who are serving their imprisonment penalties in foreign countries may be received back to Vietnam for enforcement of imprisonment penalties when the following conditions are fully met:
a. They are Vietnamese citizens;
b. They have their last place of residence in Vietnam;
c. The criminal acts for which those persons are sentenced in foreign countries also constitute crimes under Vietnamese law;
d. By the time of receiving the transfer requests, the remaining duration of serving the imprisonment penalties is at least one year; in special cases, this duration may be six months;
dd. The judgment against the transferees have already taken legal effect and there are no more procedures against such persons in the transferring countries;
e. It is so consented by the transferring countries;
g. It is so consented by the transferees.
2. Persons serving their imprisonment penalties in Vietnam may be transferred to foreign countries for enforcement of imprisonment sentences when the following conditions are fully met:
a. They are citizens of the receiving countries or are persons permitted for indefinite residence or having their relatives in the receiving countries;
b. They fully satisfy the conditions defined at the above Points I.1c, d, dd, e and g and have fulfilled their civil liabilities, additional sanctions being fines, property confiscation and other legal responsibilities in the judgments;
c. It is so consented by the receiving countries.
III. Refusal to Transfer Persons Serving the Imprisonment Penalties
Competent bodies of Vietnam shall refuse to transfer persons serving their imprisonment penalties in Vietnam to foreign countries in one of the following circumstances:
1. When they have grounds to believe that the transferees may be tortured, retaliated or oppressed in the receiving countries;
2. The transfer may harm the national sovereignty or security of Vietnam.
Feel free to call to criminal legal advice hotline 1900 599 979 for more help.
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