A foreign national is serving a prison sentence in Vietnam while their family lives on the other side of the world, hoping to be transferred home to serve out the remainder of the sentence, closer to loved ones and free of the language barrier. That wish is legitimate and the law does provide a mechanism for it, but if the application is filed before the compensation obligations in the judgment have been settled, or before the receiving country has formally agreed, the file can be rejected and the person remains in detention in Vietnam.
Your relative is a foreign national serving a prison sentence in Vietnam and wants to be transferred home to serve out the rest of the penalty, does Vietnamese law allow this? Who files the application, with which authority, and which court decides? Is it enough simply to have the wish and the support of a diplomatic mission, or are there other mandatory conditions where missing even one is enough to have the file rejected? From 1 July 2026, a new specialised law begins to govern this matter directly. The article below analyses the legal framework, the conditions, the procedure, and the practical risks so you know what you need to prepare.
What transfer of a person serving a prison sentence is, and how it differs from extradition
From 1 July 2026, bringing a person imprisoned in Vietnam back to their own country to serve out the sentence is governed by the Law on Transfer of Persons Serving Prison Sentences No. 101/2025/QH15, passed by the National Assembly on 26 November 2025. This is a specialised law separated out from the 2007 Law on Mutual Legal Assistance, replacing the entire body of former provisions in this field in order to streamline the procedure and better protect the rights of the person serving the sentence.
The key point to grasp immediately is the voluntary nature of the transfer. This is not the State forcibly removing a person; it stems from the wish of the person serving the sentence.
Because of that voluntary nature, transfer is entirely different from extradition. Extradition is the surrender of a person so that the receiving country may prosecute them or compel enforcement of a sentence, generally independent of that person's wishes and requested by a State in order to deal with a crime. Transfer is the opposite: the person has already been convicted, is serving the sentence, and personally wishes to return to their own country to serve out the remaining term. These two regimes now sit in two separate laws, the Law on Extradition and the Law on Transfer of Persons Serving Prison Sentences.
A transfer can only take place when there is a basis for cooperation between the two countries, namely an international treaty to which both are parties, or the principle of reciprocity where there is no common treaty. In practice, Vietnam has signed 23 bilateral agreements on the transfer of sentenced persons. The central authority for transfer in Vietnam is the Ministry of Public Security. Note the scope of application: the subject is a person already sentenced to a fixed-term or life imprisonment and held in a prison facility, not someone newly placed in temporary detention or still in the investigation or prosecution stage.
Conditions for a foreigner to be transferred home to continue serving the sentence
The answer to the question "is it allowed" is: it can be, but multiple conditions must be met at the same time. If even one condition is missing, the competent court may refuse. The law sets out clearly the conditions for transferring a person serving a sentence in Vietnam to a foreign country.
Translated into the conditions that the person serving the sentence and the family should check before filing:
- The person must be a citizen of the receiving country, or be permitted to reside there indefinitely, or be accepted by that country.
- The act for which the person was convicted in Vietnam must also constitute a criminal offence under the law of the receiving country at the time the transfer request is made, known as the principle of dual criminality.
- At the time the request is received, at least 01 year of the prison term must remain unserved; only in special cases may this period be shorter.
- The judgment or decision against the person has taken legal effect and no procedural steps remain pending.
- The person has fulfilled the civil liability, fines, confiscation of property, and other legal responsibilities in the judgment, or is assisted in doing so by the receiving country or another party, or the receiving country undertakes to ensure these are carried out after the transfer.
- There is consent from Vietnam and from the receiving country depending on which side makes the request, and most importantly the person serving the sentence must voluntarily agree.
Accordingly, the support of a foreign consular authority is necessary but not sufficient. The receiving country's formal agreement to accept the person and to ensure continued enforcement of the sentence is itself one of the statutory conditions, distinct from a consular visit or ordinary assistance.
Order and procedure for applying to be transferred home to serve the sentence
Once the conditions are established, the transfer process moves through the following sequential steps, with the participation of the Ministry of Public Security and the court.
- File the application. The foreign national serving the sentence, or their legal representative, sends an application for transfer to one of the following bodies: the Ministry of Public Security, the competent authority of the receiving country, or the receiving country's representative mission in Vietnam.
- The Ministry of Public Security reviews the matter and prepares the transfer request within 20 days of receiving sufficient information and documents, then communicates with the receiving country. If the person is held in a prison facility under the Ministry of National Defence, they must first be moved to a Ministry of Public Security facility before the procedure is carried out.
- The file is sent to the regional People's Court of the place where the person is serving the sentence. The court accepts the case and holds a first-instance session conducted by a single judge, with a procurator present, and the lawyer or legal representative entitled to present their views.
- If the person proposed for transfer appeals, or the procuracy protests, the provincial People's Court conducts an appellate review. The time limit to appeal is 15 days from receipt of the decision.
- Once the transfer decision takes legal effect, the Ministry of Public Security organises the handover of the person to the receiving country, and the transfer must be carried out within 45 days, unless otherwise agreed.
A few favourable points on the file are worth noting. The transfer request file is exempt from consular legalisation if it is signed and sealed by a competent person or authority of the foreign country, unless an international treaty provides otherwise. As for costs, the funding for the transfer work is guaranteed by the State budget; in addition, the person serving the sentence or the family may voluntarily contribute to and support the living, travel, and other expenses of the person being transferred.
Common risks and mistakes that lead to a file being rejected
Most transfer files drag on or are rejected not because the law is harsh, but because the applicant has overlooked a mandatory condition. Below are the obstacles most frequently encountered in practice.
First, the civil liability and property obligations in the judgment have not been settled. If the person still owes compensation, a fine, or property to be confiscated that has not been dealt with, and there is no undertaking to ensure performance from the receiving country or a third party, the conditions for transfer are not yet met. This is the group of conditions most often underestimated.
Second, the receiving country has not formally agreed, or the criminal act does not constitute an offence under that country's law. Many families mistakenly assume that asking a diplomatic mission for support guarantees that the person will be taken back. In reality, the receiving country's consent to accept the person and the dual-criminality requirement are statutory conditions, independent of consular assistance.
Third, the remaining prison term is too short. If, at the time the request is received, less than one year of the sentence remains, in principle the conditions are not met, except in special cases prescribed by the Government.
Fourth, withdrawing the application too late. The person serving the sentence has the right to change their mind, but the law sets a clear limit on the timing.
After the decision takes effect, withdrawal is no longer possible. Notably, if the transfer is cancelled because the person withdraws the application or expresses in writing a wish not to be transferred, the transfer request may be reconsidered only after at least 03 years. A hasty decision followed by a change of mind can force the entire process to wait a very long time before it can be started again.
Fifth, the misconception that returning home means a reduced or erased sentence. Continued enforcement in the receiving country follows that country's law, but this is continued service of the remaining sentence, not release. The judgment handed down by the Vietnamese court retains its full validity.
In addition, even when the conditions are met, the court may still refuse the transfer if it could harm sovereignty, national defence, or national security, or if there are grounds to believe that the person to be transferred would be at risk of torture, retaliation, or ill-treatment in the receiving country.
The role of DEDICA in applying for transfer home to serve a sentence
With a transfer file involving a foreign element, getting one condition wrong means starting over, and possibly waiting years. DEDICA reviews all the statutory conditions in advance, checks citizenship or the right of residence in the receiving country, and verifies the status of the civil liability and property obligations in the judgment, in order to determine whether the file is complete or what is still missing before it is filed. We prepare the application and the supporting documents and work with the Ministry of Public Security, while coordinating with the competent authority of the receiving country.
At the court session, a DEDICA lawyer takes part and presents arguments to protect the client's wish to be transferred, in accordance with the rights the law allows. Throughout the process, we also serve as the channel of information between the person serving the sentence and the family abroad, helping relatives follow the progress and feel assured that the matter is being handled in the right direction. If your family is weighing this option, speaking with a lawyer early helps avoid missteps from the very start.
Conclusion
A foreign national serving a prison sentence in Vietnam may be transferred home to serve out the sentence, provided the following are met at the same time: being a citizen of, or accepted by, the receiving country; the act satisfying the principle of dual criminality; at least one year of the sentence remaining; the judgment having taken effect with no procedural steps pending; the civil liability and property obligations having been fulfilled; and all sides consenting on the basis of an international treaty or the principle of reciprocity. The procedure has four main steps: filing the application with the Ministry of Public Security or the receiving country's authority; the Ministry of Public Security preparing the transfer request; the regional People's Court conducting the first-instance review and the provincial court the appellate review if there is an appeal; and finally the handover within 45 days. The three mistakes that most often lead to rejection are an unsettled civil liability, the receiving country not having formally agreed to accept the person, and withdrawing the application after the decision has taken effect. Preparing the file carefully and having a lawyer review the conditions from the outset is the best way to avoid having to start over and wait longer.
Every transfer file differs in nationality, the agreement between the two countries, and the status of the obligations in the judgment. DEDICA Law Firm accompanies the person serving the sentence and the family from assessing the conditions, preparing the application and the file, and working with the Ministry of Public Security and the receiving country's authority, through to taking part in the court session. Contact DEDICA for in-depth legal consultation on your family's specific case.
This article is for reference based on the law in effect at the time of writing. Each case has its own facts regarding the file, the evidence, and the stage of sentence enforcement; please consult a DEDICA lawyer for precise advice.
