VIETNAM ACADEMY OF SOCIAL SCIENCES
GRADUATE ACADEMY OF SOCIAL SCIENECES

PHAM VAN CONG

THE PRESENT LAW ON INTERNATIONAL
COOPERATION IN CRIMINAL PROCEDURAL
MATTERS IN VIET NAM

Major:
Code:

Criminal and Criminal Procedure Law
9 38 01 04

SUMMARY OF DOCTORAL THESIS IN LAW

HANOI - 2019


Done at:
GRADUATE ACADEMY OF SOCIAL SCIENECES

Supervisor: Prof., PhD. Nguyen Ngoc Anh

Reviewer No. 1:..........................................................................
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Reviewer No. 2:..........................................................................
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Reviewer No. 3:..........................................................................
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INTRODUCTION
1. The necessity of the research
In recent years, international and regional situations have
changed rapidly, complexity, and unpredictably. Non-traditional
security factors become bigger challenges for security situation in
national and international level, in which, transnational issues
became global concerns of the international community due to
whichever nation could not solve these problems alone. Globalisation
has promoted the interdependence of nations, thus impacts to the
state of stability and development of each country and regions as
well. Transnational crimes, organized crimes, such as transnational
human smugglings, human trafficking, drugs, money laundering,
international terrorism, high tech utilised crimes, frauds, etc., expose
complexity trends, produce tragically consequences, wide spreading
impacts which are perpetrated by many sophisticated modus
operandi. These issues require nations to cooperate and coordinate
with others nations to detect, investigate, prosecute, adjudicate and
execution of criminal judgement on cases, individuals, organisations
that have committed transnational crimes. Those measures including
international cooperation in criminal procedural matters through
several formalities, contents prescribed in international instruments.
To promote legitimate national interests and implement the
international principle of pacta sunt servanda, nations engage to
build domestic legal systems, arrange resources affectedly to
organising the implementation of international conventions to which
nation has been concluded in order to prevent and combat crimes.
In Viet Nam, situation of crimes relating foreign factors has been

work. Beside that, they are complexity and multi-facets issues thus
there have not been well-documented and researched, especially
studies with multidisciplinary, interdisciplinary and transdisciplinary
methods to recommend the making legal framework perfect and to
enhance the effectiveness of international cooperation in criminal
procedural matters.
Albert there has been some researches in theoretical perspective
on international cooperation in specific activities of criminal


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procedures as extradition, mutual legal assistance, transfer of the
sentenced persons, international cooperation in counter crimes,
however, due to the difference of research objectives, methodologies
and approaches so the Ph.D. thesis titled as: “The present law on
international cooperation in criminal procedural matters in Viet
Nam” is a necessary, up-to-date study in the major of Criminal and
Criminal Procedures Laws.
2. Research objectives and mandates
2.1. Research objectives
The objectives of this thesis are to research theoretical and
practical issues in law on international cooperation in criminal
procedural matters in Viet Nam; based on the findings, the thesis
makes recommendations on making perfect laws on criminal
procedures as well as enhancing effectiveness of these laws’
implementation.
2.2. Mandate of research
Pursuing the above mentioned objectives, the thesis identifies
mandates as follows:
- To conduct literature reviews on related studies that were

criminal procedural matters; regarding the practical aspect, it is on
provisions of laws of Viet Nam and six other representatives of
foreign countries on international cooperation in criminal procedural
matters; regarding laws implementation, it studies the
implementation of the law on international cooperation in criminal
procedural matters in Viet Nam practically.
3.2. The scope of the research
- Regarding space of research, this thesis studies law of Viet
Nam, international law on international cooperation in criminal
procedural matters; practical implementation of law on international
cooperation in criminal procedural matters in Viet Nam, focusing on
the implementation of competent agencies, for example, investigation
agencies, authorities under Ministry of Public Security, the People’s
Supreme Procuracy, the People’s Supreme Court, Ministry of
Foreign Affairs in the Vietnamese territories.
- Regarding time of research, this study involves statistics, facts
on application of law on international cooperation in criminal
procedural matters in the period from 2008 (when the Code of


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Criminal Procedures adopted in 2003 went into force) to the August,
2019; except the historical overviewing on provisions of law on
international cooperation in criminal procedural matters in Viet Nam
is taken from 1945 to present.
4. Methodology
The thesis is based on the Marxist - Leninist theory, Ho Chi
Minh’s thought, the viewpoints, policies of the [Vietnam
Communist] Party, laws of the State on international relations and
cooperation; making and improving legal system; combating and

the law on international cooperation in criminal procedural matters in
Viet Nam in the past years; identifying obstacles on provisions and
applying these legal provisions, as well as causes of those obstacles.
Third, based on synthesising results of the research on theoretical
and practical issues in this field, forecasting and evaluating related
factors, identifying the trend, the need for making legal provisions
perfect and enhancing the effectiveness of the application of the law
on international cooperation in criminal procedural matters;
recommends to enhance improvement of legal provisions and the
sufficiency of the application of those laws in order to counter crimes
in new context.
6. Theoretical and practical significances of the thesis
- Regarding theoretical perspective: the thesis contributes to the
progress of building a theory on the law on international cooperation
in criminal procedural matters in Viet Nam generally, international
cooperation in this field in Viet Nam particularly; applying
interdisciplinary and transdisciplinary principles to determining the
position, the role, characteristics, principles of the laws and the
practice of international cooperation in criminal procedural matters to
counter transnational crimes related to Viet Nam.
- In practical aspect: the results of this study could be utilised as a
reference document in studying basically with statistics, documents
collected from law enforcement agencies, reflecting the facts of
application of the law on international cooperation in criminal
procedural matters in Viet Nam, including: the process of
negotiating, advocating and applying international treaties, applying
domestic laws on mutual legal assistance, extradition, transfer of the
sentenced persons and other activities on international cooperation, as
well as recommending drafts of related legal documents on this field
of study.

legal assistance, extradition, international cooperation in transfer of
the sentenced persons or counter crimes. The author of the thesis has
studied 36 monographs, books, reports, journal articles containing
related issues to the international cooperation in criminal procedures
in those specified areas.
1.3. Summary of evaluation on related researches
1.3.1. Overview of the achievements of previous works


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Those published works, due to variety of bases of approaches and
methods on international law, criminal law, criminology have
analysed several aspects of the issues on the theories and practices
implementation of criminal law in Viet Nam as well as certain
activities of international cooperation. However, there is till a need
for deeply studies on the below issues which have not been
thoroughly covered by previous studies.
1.3.2. Issues raised that need further research
The thesis determines the issues that need further research, details
as: (1) to further study, analysis the theoretical issues on the law on
international cooperation in criminal procedural matters in Viet Nam
today, especial applying interdisciplinary and transdisciplinary
principles of research; (2) to analysis, compare and contrast recent
legal provisions, regulations of Viet Nam, international laws, and
laws in some foreign states on international cooperation in criminal
procedural matters, focusing on provisions specified in the Criminal
Code, the Code of Criminal Procedure, Law on Mutual Legal
Assistance; (3) to overview, evaluate practical application of
provisions on international cooperation in criminal procedural
matters, focusing on Code of Criminal Procedure adopted in 2003,

Chapter 2
THEORETICAL ISSUES ON LAW ON INTERNATIONAL
COOPERATION IN CRIMINAL PROCEDURAL MATTERS
IN VIET NAM AND SOME FOREIGN COUNTRIES
(from page 25 to page 70 of the thesis)
2.1. Theoretical issues on law on international cooperation in
criminal procedural matters in Viet Nam
2.1.1. Concept, characteristics of law on international
cooperation in criminal procedural matters in Viet Nam
- The thesis analyses several concepts which are related to the
issues in order to construct a concept of law on international
cooperation in criminal procedural matters in Viet Nam, details as
following:


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Law on international cooperation in criminal procedure matters
in Viet Nam is a comprehensive system of legal norms which are
promulgated or recognised for enforcing by the State of Socialist
Republic of Viet Nam, governing the relationships among authorities
of Viet Nam and foreign partners in mutual assistance, support to
investigate, prosecute, adjudicate transnational crimes, cooperate in
managing orders and/or decisions declared by a competent criminal
courts applied to criminal individuals or organisations.
- Characteristics of law on international cooperation in criminal
procedural matters in Viet Nam include:
+ First, the unique within the system of legal norms governing
legal relationships.
+ Second, the legal normative characters.
+ Third, the empowerment that is the law on international

process of the prosecution of transnational crimes.
- Roles, significance of law on international cooperation in
criminal procedural matters in Viet Nam, which are important in
terms of political, societal, and legal perspectives. They are to
contribute to the legalisation and implementation of international
relations policy of multilateralization, diversification, promoting
international integration as well as works of anti-crimes; to create
legal basis for authorities to coordinate and cooperate or receive
assistance from foreign partners in order to enhance the effectiveness
of the investigation, prosecution, adjudication and management of
justice over transnational criminal cases; to actively counter crime,
and transnational crimes particularly. These roles and significances
are decisive in the context of boosting integration and participating
globalisation in Viet Nam today.
– The principles of law on international cooperation in criminal
procedural matters in Viet Nam, including:
+ First, it is a part of policies of our Party and State in terms of
international relation, legality, and criminal justice particularly;
+ Second, it is pursuant to fundamental principles of international
laws;
+ Third, it ensures a principle of reciprocity.
2.2. Foreign laws on international cooperation in criminal
procedural matters and lessons learnt for Viet Nam


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This section of the thesis overviews global situation on legal
framework on international cooperation in criminal procedure
matters; presents general legal provisions in European Union (EU);
laws on international cooperation in criminal procedural matters in

declared by a competent criminal courts applied to criminal
individuals or organisations.
Activities of international cooperation are mainly promulgated in
law on international cooperation in criminal procedural matters,
includes:
- Firstly, cooperation in identifying, determining national legal
jurisdiction and obligations on cooperation between states (including
defining objectives, authorities, responsibilities, and particular
activities of cooperation) taken through process of negotiation,
drafting, concluding bilateral, multilateral international instruments
to institutionalise international engagements for faithful and full
implementing common activities and measures in criminal
proceedings;
- Secondly, cooperation internationally in carrying out certain
proceedings in criminal procedure, such as mutual legal assistance,
extradition, transfer of the sentenced persons as well as other
international cooperation activities.
The Chapter 2 also presents overviews some experience on legal
building and practical application of law on international cooperation
in criminal procedural matters in the United Nations, the EU, and
other foreign countries, namely: the United States, German
Federation, China, the United Kingdom, Russian Federation, Japan.
The diversity of legal traditions and practical experiences provide
lessons learnt for Viet Nam in the modern context.
Chapter 3
LEGAL PROVISIONS ON LAW ON INTERNATIONAL
COOPERATION IN CRIMINAL PROCEDURAL MATTERS
IN VIET NAM AND THE ACTUAL IMPLEMENTATION
(from page 71 to page 121 of the thesis)


matters, including joint investigation, coordinated investigation,
international cooperation in applying special investigation
techniques, witness protection and support, victim protection.


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3.2.2. Domestic legal provisions on international cooperation in
criminal procedural matters
This section analyses provisions on subjects, principles, contents
and formalities (proceedings) international cooperation in criminal
procedural matters according to the provisions of law of Viet Nam,
specified at the Code of Criminal Procedure adopted in 2015 (as
amended the Code adopted in 2003); Law on Mutual Legal
Assistance adopted in 2007 and related legal normative documents.
The thesis also analyses new provisions in Code of Criminal
Procedure adopted in 2015.
3.3. Recent situation in applying law on international
cooperation in criminal procedural matters in Viet Nam
The thesis syntheses facts on conclusion, accession and
implementation of international treaties on mutual legal assistance,
extradition, transfer of the sentenced person; drafting and making the
domestic law perfect; facts on the organising and multiagency
coordination in implementation of international cooperation in
criminal procedural matters. This section also overviews results of
mutual legal assistance, extradition, receiving and handing over the
sentenced person to and from Viet Nam. Criteria for the overviewing
are the number of requests, subjects to be requested, legal bases,
principle of reciprocity application in sending or receiving requests of
international cooperation from 2008 to 8/2019.
3.4. General comments and assessments

+ With the conservations and declarations that Viet Nam has not
considered multilateral extradition treaties are legal bases for
extradition (which is over 54% number of such treaties concluded by
Viet Nam), then the activities of international cooperation, the
application of the reciprocity principle normally prolong time for
handling transnational cases.
+ The direct application of bilateral treaties on mutual legal
assistance, extradition, transfer of the sentenced person have not been


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guided in details, thus, creates obstacles and in activity when
Vietnamese authorities cooperate internationally.
- Regarding the domestic legal provisions
In the context of Viet Nam intense integrated into the world, the
facts of international cooperation in criminal procedural matters
shows that, there are several inconsistencies between domestic legal
provisions and international treaties and customary, thus, create
obstacles to international cooperation in criminal procedural matters,
namely:
+ In terms of extradition, there are difficulties caused by domestic
law, such as: provisions on the competence, responsibilities of central
authorities of Viet Nam, provisional arrests in treaties on extradition,
proceedings on simple extradition, transits of person requested to
extradition, ensure for non-applicable of death sentence, languages
and time for handling transnational dossiers, the application of the
reciprocity principle, etc.
Beside that, obstacles are also raised in the implementation of the
law, including information exchanges, insufficient awareness on the
works of extradition, officials in charged of extradition proceedings,

international cooperation in criminal procedural matters in Viet Nam
and the actual application. This section summarise the development
of law on international cooperation in criminal procedural matters,
analyses current legal provisions on international cooperation in
concluding treaties, criminal law, criminal procedural law, legal
normative documents on other activities on international cooperation
in criminal procedural matters.
Based on analysing current legal provisions on international
cooperation in criminal procedural matters, the Chapter 3 also overall
reviews the actual application of these provisions on negotiation,
conclusion and implementation international treaties on mutual legal
assistance, extradition, transfer of the sentenced person,


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recommendation on developing the domestic law; works done in
organising and interagency coordinating in this field. After that, the
thesis presents general comments on achievements and good points,
obstacles and insufficiencies, causes of such obstacles and
insufficiencies during international cooperating in criminal
procedural matters in Viet Nam. These comments and evaluations are
bases for recommending solutions in order to make law developed
and enhance the effectiveness of the application of these legal
provisions in Viet Nam, which are presented in the Chapter 4 of the
thesis.
Chapter 4
IMPROVING THE LAW AND ENHANCING THE
EFFECTIVENESS OF THE IMPLEMENTATION ON
INTERNATIONAL COOPERATION IN CRIMINAL
PROCEDURAL MATTERS IN VIET NAM

matters should meet the requirements of the international integration,
enhancing the effectiveness of protecting national security,
preventing, combating crimes and maintaining social order and safety
in according to the Constitution 2013.
4.3. Solutions for improving the law on international
cooperation in criminal procedural matters in Viet Nam and
enhancing the effectiveness of the implementation
4.3.1. Continuing to adjust and amend the domestic law to ensure
the consistence of the domestic law with treaties in which Viet Nam is
a member party; enhancing the uniform, the comprehensiveness, and
the clarity of the domestic legal system.
4.3.2. Being proactive in negotiating, concluding and accessing
international treaties to which Viet Nam is a member party as well as
promoting their implementation.


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4.3.3. Determining by legal documents of position, functions and
responsibilities and interagency coordination in implementation of
law on international cooperation in criminal procedural matters.
4.3.4. Focussing on trainings, education to enhance the capacity
of law enforcement officials; promoting studies and utilising
academic research findings on comparative legal studies, especially
comparative criminal law researches.
4.3.5. Highly investing on conditional matters for enhancing
implementation of the law in terms of material, technical and other
matters for the implementation of international cooperation in
criminal procedural matters to ensure the accordance with legal
provisions as well as the effectiveness of the law application.
4.3.6. Utilising scientific-technological advantages in the

the State of Socialist Republic of Viet Nam, governing the
relationships among authorities of Viet Nam and foreign partners in
mutual assistance, support to investigate, prosecute, adjudicate
transnational crimes, cooperate in managing orders and/or decisions
declared by a competent criminal courts applied to criminal
individuals or organisations.
Beside that, thesis clarifies the activities of international
cooperation are mainly promulgated in law on international
cooperation in criminal procedure matters, includes:
- Firstly, cooperation in determining, identifying national legal
jurisdiction and obligations on cooperation between nation-states
(including defining objectives, authorities, responsibilities, and
particular activities of cooperation) taken through process of
negotiation, drafting, concluding bilateral, multilateral international
instruments to recognise international engagements to faithfully and
fully implement activities and measures in criminal proceedings that
party members concerning commonly;