David, a British citizen working in Ho Chi Minh City, asked DEDICA:
"I am a foreigner and have lived and worked in Vietnam for several years. Recently I heard that there is an old case back home involving me, and that my home country may ask Vietnam to hand me over for prosecution. I am very worried: is Vietnam obliged to surrender me to them, when could that happen, and what rights do I have to protect myself?"
DEDICA ADVISES Vietnam does not automatically "hand over" anyone. Extradition arises only when a foreign country submits a formal request and the case meets the statutory conditions, in particular the principle that the act is a crime in both countries and carries a sufficiently severe penalty. More importantly, the final decision rests with a Vietnamese court, at a hearing where you have the right to counsel and to be heard. The law also lists numerous grounds on which extradition must be refused. Below are the specific bases and the steps you should take.
From 1 July 2026, extradition in Vietnam is governed by the 2025 Law on Extradition (Luật Dẫn độ 2025), the first dedicated statute in this field, carved out from the extradition provisions of the 2007 Law on Mutual Legal Assistance (Luật Tương trợ tư pháp 2007). Understanding the new law correctly helps you know where you stand instead of worrying in the dark.
Conditions for extraditing a foreigner in Vietnam
Extradition is the act of Vietnam surrendering a person present on its territory to a foreign country so that country can prosecute them or enforce a sentence. It does not happen arbitrarily. First, there must be a formal extradition request from the foreign country, and there must be a legal basis: either an international treaty (an extradition treaty) between the two countries, or the principle of reciprocity if the two are not yet parties to a common treaty. The Ministry of Public Security (Bộ Công an) is the central authority that receives and handles these requests.
The core condition lies in Article 7 of the 2025 Law on Extradition. The alleged conduct must be a crime under the law of both the requesting country and Vietnam, and must reach a certain penalty threshold:
What does this mean for you? If the conduct you are accused of abroad is not treated as a crime under Vietnamese law, or the penalty falls below the threshold above, the case fails to qualify for extradition from the outset. The law also makes clear that the offence and its constituent elements need not bear identical names in the two countries, so the assessment must place the specific conduct alongside the provisions of Vietnam's Penal Code (Bộ luật Hình sự), rather than looking only at the offence name cited by the foreign country. One important point: Vietnamese citizens are not extradited, while for those holding foreign nationality the conditions above are the main yardstick.
When extradition must be refused, and your rights to defend yourself
Even when a request exists, a Vietnamese court is still required to refuse extradition in many cases listed in Article 41. The most notable for foreigners are the grounds that protect the person:
In addition, the court must refuse if the statute of limitations has expired, or if you have already been tried or acquitted by a Vietnamese court for the very same conduct, and it may refuse if the offence cited is political or military in nature. In other words, "a request exists" does not mean "the person must be handed over".
It is also worth remembering that the decision to extradite or refuse rests with the court, not the police or the foreign side. The regional People's Court where you reside will accept the file and open a hearing to review it. At that hearing, you have the right to have a lawyer or legal representative take part, and you yourself are heard. If you disagree with the decision, you still have the right to appeal within 15 days so the matter can be reconsidered on appeal. These are precisely the footholds for defending yourself.
So what should you do when you hear you might be extradited?
- Verify whether an extradition request actually exists, and whether Vietnam and the other country have an extradition treaty. This is the starting point that shapes the entire process.
- Compare the alleged conduct against Vietnam's Penal Code to see whether it satisfies the "dual criminality" condition and the penalty threshold in Article 7.
- Review the refusal grounds that may apply to your case, such as the statute of limitations, the risk of inhuman treatment, or the political nature of the matter.
- Engage a lawyer from the very first information, to monitor the file at the Ministry of Public Security and the court, prepare arguments, and defend you at the hearing.
Conclusion
In short, as a foreigner you can only be extradited when there is a formal request from a foreign country and the case meets all the conditions of Article 7, in particular that the conduct is a crime in both countries and carries a sufficiently severe penalty. Even where the conditions are met, a Vietnamese court must still refuse in the cases set out in Article 41, and the decision is always made at a hearing where you have the right to a lawyer and to be heard. What to do: (1) verify whether there is a request and an extradition treaty; (2) compare the conduct against Vietnamese criminal law; (3) prepare grounds for refusal; (4) engage a lawyer as early as possible.
If you or your loved ones are worried about the risk of extradition, DEDICA can check whether an extradition treaty exists between Vietnam and the country concerned, assess whether the file meets the conditions in Article 7, build appropriate grounds for refusal, monitor the process at the Ministry of Public Security and the court, and represent and defend you at the review hearing as well as on appeal. Contact DEDICA for a lawyer's assessment tailored to your specific situation.
This content is for reference only; every extradition case depends on its file, evidence, the relevant international treaties and the stage of proceedings, so please consult a DEDICA lawyer for precise advice.