The draft outlines 11 forms of mutual legal assistance in criminal matters between Vietnam and foreign countries. Notable provisions include the direct or online taking of testimony; the temporary transfer of individuals in pre-trial detention or serving prison sentences from the requested state to the requesting state to support investigations and provide evidence; and the participation of competent authorities from the requesting state in the execution of mutual legal assistance requests in the requested state.

The draft designates the Supreme People’s Procuracy as Vietnam’s central authority for mutual legal assistance in criminal matters. For requests involving the death penalty, the draft specifies the responsibilities of the central authority in coordinating with relevant agencies to propose that the President consider granting assurances not to impose or enforce the death penalty, when required to fulfill Vietnam’s requests. It also handles cases where Vietnam requires similar assurances from foreign states.

In its review, the Committee on Legal and Judicial Affairs recommended that the Supreme People’s Procuracy continue coordinating with agencies drafting related legislation, including the laws on mutual legal assistance in civil matters, extradition, and the transfer of sentenced persons, previously covered under the 2007 Law on Mutual Legal Assistance as well as ongoing revisions to laws governing judicial institutions and procedures, to ensure legal consistency.

The committee also advised caution in regulating the temporary transfer of persons in detention or serving sentences, as current provisions only detail the procedures for foreign-initiated requests and lack guidance for Vietnamese-initiated cases. It proposed adding corresponding conditions and procedures for Vietnam-initiated transfers.

Regarding the death penalty, the committee agreed with the proposed provisions to address current difficulties, as some of Vietnam’s mutual legal assistance requests have been declined due to the lack of a formal mechanism for providing death penalty assurances under existing law.

The committee also supported maintaining the Supreme People’s Procuracy as the central authority for criminal legal assistance, in line with the Criminal Procedure Code and existing international treaties.

It also agreed to continue designating the Supreme People’s Procuracy as the central authority for criminal legal assistance, while recommending a review and specific adjustment of its functions and tasks to ensure they fit its role as the central coordinating body.

Vietnam, Singapore sign treaty on mutual legal assistance in criminal matters

Vietnam and Singapore signed the Treaty on Mutual Legal Assistance in Criminal Matters at the headquarters of the Singapore Ministry of Law on October 28.