Abstract

When Vietnam requests the extradition of a person charged with or convicted of an offence punishable by death, the requested state may require an assurance that the death penalty will not be imposed or, if imposed, will not be carried out. In the absence of such an assurance, the requested state may refuse extradition and release the person sought. The 2025 Extradition Law, which takes effect on 1 July 2026, designates the Ministry of Public Security as the central authority responsible for receiving extradition requests and coordinating with relevant ministries and agencies in their assessment, while vesting the President of Vietnam with the authority to decide whether to provide an assurance that the death penalty will not be executed. This mechanism contributes to addressing previous uncertainties concerning institutional competence, facilitates extradition cooperation between Vietnam and foreign states, and helps ensure the constitutionality and legality of the extradition process while preserving the deterrent function of criminal law.

Keywords: Assurance against the death penalty; extradition.