Chapter I
GENERAL PROVISIONS
Article 1. Governing scope
This Law prescribes the principles, competence, order and procedures for the provision of legal assistance in civil and criminal matters, extradition and transfer of persons who are serving imprisonment sentences between Vietnam and foreign countries; and responsibilities of Vietnamese state agencies in legal assistance.
Article 2. Subjects of application
This Law applies to Vietnamese agencies, organizations and individuals and foreign agencies, organizations and individuals engaged in legal assistance activities with Vietnam.
Article 3. Application of law
1. Legal assistance complies with the provisions of this Law; in case this Law does not prescribe it, the provisions of civil procedure law, criminal procedure law and other relevant provisions of Vietnamese law prevail.
2. The application of foreign laws shall be effected only under the provisions of treaties to which Vietnam is a contracting party.
Article 4. Legal assistance principles
1. Legal assistance is provided on the principles of respect for independence, sovereignty and territorial integrity, non-interference into internal affairs of each other, equality and
mutual benefit, compliance with Vietnams Constitution and law and with treaties to which Vietnam is a contracting party.
2. Where there exist no treaties on legal assistance between Vietnam and foreign countries, legal assistance activities follow the principle of reciprocity which, however, do not contravene Vietnamese law and conform to international law and practice.
Article 5. Language in legal assistance
1. In case there has existed a treaty on legal assistance between Vietnam and a foreign country, the language in legal assistance is the language prescribed in that treaty.
2. In case there has been no treaty on legal assistance between Vietnam and a foreign country, dossiers must be enclosed with a translation in the language of the country requested to provide legal assistance or a translation in another language accepted by the requested country.
3. Agencies making dossiers to request foreign countries to provide legal assistance shall translate the dossiers into the language prescribed in Clause 1 or Clause 2 of this Article.
Article 6. Legal mandate and form of provision of legal assistance
1. Legal mandate means a written request of a competent body of Vietnam or a foreign country for the performance of one or a number of legal assistance activities under the provisions of the law of the concerned country or the treaty to which Vietnam is a contracting party.
2. Legal assistance is provided on the basis of the request of a competent body of Vietnam or a foreign country through legal mandate.
Article 7. Consular legalization and recognition of legal mandate papers or documents
1. Consular legalization means the certification by the Vietnamese Ministry of Foreign Affairs, diplomatic missions, consulates or other overseas-based offices authorized to perform the consular function of the signatures and seals on papers or documents made, issued or certified by foreign competent bodies for use in Vietnam.
2. Legal mandate papers or documents made, issued or certified by foreign competent bodies under foreign law are recognized by competent bodies of Vietnam, if those papers or documents have been consularly legalized.
Article 8. Summon and protection of witnesses and experts
1. While conducting proceedings, competent proceedings-conducting bodies may summon witnesses and experts under the provisions of this Law and treaties to which Vietnam is a contracting party.
2. A summons must clearly state the conditions for the witness or expert and the commitment to guarantee the life and health safety, accommodation, meal and travel conditions for the witness or expert.
3. Witnesses and experts are given favorable entry and exit conditions under the provisions of Vietnamese law.
4. Witnesses and experts summoned to Vietnam may not be arrested, detained, held in custody or investigated, prosecuted or tried for the following acts before their arrival in Vietnam:
a/ Supplying testimonies or written expert conclusions on the cases for which they are summoned;
b/ Committing crime in Vietnam;
c/ Having relations with persons being subject to criminal investigation, prosecution or trial in Vietnam,
d/ Involving in civil or administrative matter in Vietnam.
5. Witnesses and experts rights not to be arrested detained, held in custody or investigated, prosecuted and tried, which are defined in Clause 4 of this Article, will terminate if those persons do not leave Vietnam within fifteen days after receiving written notices of competent Vietnamese bodies on their unnecessary presence in Vietnam. This duration is not counted into the time during which the witnesses or experts cannot leave Vietnam for force majeure reasons.
Article 9. Hand-over and receipt of documents, articles and money
The hand-over and receipt of documents, articles and money related to legal assistance activities comply with Vietnamese law.
