Pháp luật về hợp tác quốc tế trong lĩnh vực tố tụng hình sự ở việt nam hiện nay tt tiếng anh

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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The dissertation will be defended before the Ph.D. thesis review
Council of the Graduate Academy of Social Sciences, held at:: .....
....................................................................................................
on:…… hour……minute, day……month….. ..year. …….. ......

The thesis can be found at:
- National Library of Viet Nam
- Library of Graduate Academy of Social Sciences


LIST OF THE AUTHOR’S PUBLISHED SCIENTIFIC WORKS
RELATED TO THE THESIS

1.
Pham Van Cong. 2017. “Some issues on review
mechanism on the implementation of the universal
international treaties today”, The People’s Public Security
Journal, volume 1, issue 3, pp. 88-91.
2.
Pham Van Cong. 2017. “Conclusion bilateral treaty on
transfer of the sentenced person between Viet Nam and
Cambodia - Enhancing international cooperation in criminal
procedural matters between the two countries”, The People’s
Police Force, issue 4(131/2017), pp. 81-84.
3.
Pham Van Cong. 2019. “Law on international
cooperation in criminal matters in the European Union and
lessons learnt”, The People’s Police Force, issue 5 (29/2019),
pp. 45-47.

1
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

the same trend with the situation crimes in the world, with more
developed sophisticatedly modus operandi creating many high
dangerous consequences. There also are numbers of criminals who
have fled abroad after perpetrating crimes in Viet Nam or have


2
entranced Viet Nam in order to avoid justice and/or continuing
commit crime. The above mentioned circumstances require multiaspect measures to prevent and combat crimes, includes to conclude
international treaties, improve the domestic law, implement diversity
of forms of international cooperation in the sphere of criminal
procedures which are prescribed in the Code of Criminal Procedures
adopted in 2003 as amended in 2015, the Law on Mutual Legal
Assistance adopted in 2007, as well as related laws and regulations;
as well as implement international treaties that the Socialist Republic
of Viet Nam is a member party. Therefore, the process of law
drafting to make legal system perfect and applying law on
international cooperation in criminal procedural matters in Viet Nam
has reached achievements. Provisions on international cooperation in
criminal procedural matters have an significant roles in terms of
politic, society and diplomatic. These provisions also create legal
bases for Vietnamese authorities to cooperate with foreign
counterparts in implementing the international cooperation in
criminal procedures, contributing to the enhancement of the crime
prevention and combating, serving national strategy on deeply and
widely international integration on every aspects which has initiated
and directed by our Party and State. However, the reality of applying
provisions on international cooperation in criminal procedural
matters in Viet Nam shows that, due to lacking of experience so it
reveals obstacles, difficulties led to reducing the effectiveness of this

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


3
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

published domestically and abroad; thus, to identify theoretical and
practical contents which are necessary to study intensely;
- To research related theories to clarify the concept,
characteristics of law on international cooperation in criminal
procedural matters in Viet Nam;
- To overview historical development process of law on
international cooperation in criminal procedural matters in Viet Nam;
to analysis, evaluate recent provisions of law on international
cooperation in criminal procedural matters; to make a comparison
among domestic and international conventions to that Viet Nam is a
party member, as well as comparison with foreign laws on
international cooperation in criminal procedural matters; to make a
summary the facts of applying provisions on law on international


4
cooperation in criminal procedural matters in Viet Nam; to identify
obstacles, insufficiency of those provision of laws as well as find out
causes of those obstacles and impediments;
- Based on synthesis the results of research and forecast the
circumstances as well as factors that impact international cooperation
in criminal procedural matters, the thesis recommends to continue
improving laws on criminal procedures as well as enhancing
effectiveness of laws’ application in order to combat and prevent
crimes effectively.
3. The scope and subjects of the research
3.1. The subjects of the research
The thesis studies provisions of law on international cooperation
in criminal procedural matters: regarding theoretical aspect, that is
the theoretical basis of the law on international cooperation in

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


5
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

preventing
crimes.
In
coordinating
multidisciplinary,
interdisciplinary and transdisciplinary principles including
international relations, international laws, politics sciences to
supplement, comprehensively analysis the concepts, characteristics
and relationships among nations, international treaties and laws on
the raised issues in the globalisation, extra-territorial issues,
combining with analytical, synthesis, interpreting and inductive
methods, legal norms comparative analysis, case study, expert
advocacy.
5. New academic contributions of the thesis
First, studying theoretical aspect within the major of criminal law
and criminal procedure law, combining with multidisciplinary,
interdisciplinary and transdisciplinary research, the thesis presents
and identifies concept, characteristics, the role of the law on
international cooperation in criminal procedural matters; making
comparison with provisions of international treaties on counter
crimes to which Viet Nam is a party member; studying legal
experience of some foreign states on international cooperation in
criminal procedure matters.
Second, the thesis overviews generally historic periods of the law
on international cooperation in criminal procedural matters in Viet
Nam; analyses comprehensively provisions of law on this sphere in
Viet Nam today; beside that, reviewing the facts of implementation


6

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.

With those above contents, the thesis could be referred as
research document for lecturing, studying, and researching in the


7
field of research at institutions on legal, criminal and criminal
procedure laws in Viet Nam.
7. Structure of the thesis
In addition to the Introduction, Conclusion, List of references, the
thesis content is structured into four chapters:
Chapter 1. Literature review;
Chapter 2. Theoretical issues on law on international cooperation in
criminal procedural matters in Viet Nam and some foreign countries;
Chapter 3. Legal provisions on law on international cooperation
in criminal procedural matters in Viet Nam and the actual
implementation;
Chapter 4. Improving law and enhancing the effectiveness of the
implementation on international cooperation in criminal procedural
matters in Viet Nam.
Chapter 1
LITERATURE REVIEW
(from page 10 to page 24 of the thesis)
1.1. Overview of the researches published abroad that were
related to the thesis
For studying the theme of this thesis, the author has collect 11
books, journal articles and academic reports which were published in
foreign countries have been reviewed because of their direct
relationship to this thesis.
1.2. Overview of the researches published in Viet Nam
In our country, there have been published and studies on mutual

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


8
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,

and 2015 latterly, Law on Mutual Legal Assistance adopted in 2007;
(4) to make recommendations on views and propose solutions to
improve the criminal procedure laws on international cooperation,
judicial reforms and enhancing international integration in Viet Nam
in a new conditions.
Summary of Chapter 1
Law on international cooperation in criminal procedural matters
plays an important role, creating a legal basis for realisation of the
mutual assistance and support between authorities in implementation
of the criminal procedure in the related nations and international
organisations. Thus, this issue has been highly concerned for


9
researching, evaluating facts on several aspects as well as research
approaches. Based on literature review on related studies in Viet Nam
and abroad, Chapter 1 of the thesis synthesises and analyses the
related published including books, journal articles, monographs,
reports, doctorate and master theses, study reports on related issues.
This Chapter also determines whether those studies could be
inherited, and particular issues should be further studied. This is to
confirm that, study on law on international cooperation in criminal
procedural matters in Viet Nam is a new emergent issue, and there is
many aspects needed to be researched further, especially on the
whole scope of the criminal proceedings in Viet Nam. This study
shall be significant contributions to the process of Viet Nam
integrating into the world today, as well as the pro-activeness in
implementation of the international relations policy that Viet Nam is
a sincere friend, truthful partner and a responsible member party of
the international community.

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:


10
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

cooperation in criminal procedural matters is adopted by and/or
official recognised by the State.
+ Fourth, the enforcement in implementation.
+ Fifth, the guaranty of application.
2.1.2. Subjects of application, methods of application of law on
international cooperation in criminal procedural matters in Viet
Nam
- Subjects of application: based on overviewing theoretical and
practical issues of international cooperation in criminal procedural
matters has shown that, law on this subjects governs groups of areas,
firstly, cooperation in determining, identifying 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 recognise international engagements with faithfully and fully
implementing common concerning activities and measures in
criminal proceedings. Secondly, international cooperation in carrying


11
out certain proceedings in criminal procedure, such as mutual legal
assistance, extradition, transfer of the sentenced persons as well as
other international cooperation activities.
- Methods of application: Vietnamese law on criminal procedure
utilises two methods of application, namely authorisation and
coordinated-check and balance. Beside that, law on international
cooperation in criminal procedural matters in Viet Nam also uses
method of official recognition through promulgating mutual
assistance, support between domestic and foreign authorities in the

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


12
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

six countries, including the United States, German Federation, the
People’s Republic of China, the United Kingdom, Russian
Federation, Japan. Based on the analysis, there are some lesson learnt
outlined on the arena of study, such as improving the domestic legal
system on international cooperation in criminal procedural matters;
negotiation, conclusion and implementation of international treaties;
solving the relationships among multilateral, bilateral international
treaties, and between the domestic legal frameworks and international
law as well; organising central authorities and focal points, structure
of competent authorities in implementation of international
cooperation in criminal procedural matters; interagency coordination,
mobilising and managing resources as human, conditions and
technical assistance.
Summary of Chapter 2
Chapter 2 of thesis analyses theoretical issues on international
cooperation in criminal procedural matters in Viet Nam, thus, to
determines concepts and terminology, characteristics, subjectivities,
relationships of legal norms, roles and significance of law on
international cooperation in criminal procedural matters in Viet Nam,
as particular:
Determining the concept, that law on international cooperation in
criminal procedural matters in Viet Nam is a comprehensive system
of legal norms which are promulgated or recognised for enforcing by
the Socialist Republic of Viet Nam, governing the relationships
among authorities of Viet Nam and foreign counter partners in
mutual assistance, support to investigate, prosecute, adjudicate
transnational crimes, cooperate in managing orders and/or decisions


13

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)

14
3.1. Summary of historical development of law on
international cooperation in criminal procedural matters in Viet
Nam
Studying historical progress of law on international cooperation
in criminal procedural matters in our country from 1945 to present,
which shows that, the process of building and protecting national
sovereignty and jurisdiction, especial legal jurisdiction have always
been taken seriously and have been established and implemented
from the earlier period of Vietnamese State and Law. Law on
international cooperation in criminal procedural matters in Viet Nam
today has been gradually developed, whereas the numbers of
multilateral and bilateral international treaties grows, legal provisions
on scope of cooperation has been widened, the contents of activity
become more diverse and accomplished. System of the domestic
legal provisions governing international cooperation in criminal
procedural matters become more progressed, particular promulgated
in the 2003 Code of Criminal Procedure, the 2007 Law on Mutual
Legal Assistance and presently, the 2015 Code of Criminal
Procedure.
3.2. Legal provisions on international cooperation in criminal
procedural matters in Viet Nam
3.2.1. Provisions of treaties on international cooperation in
criminal procedural matters
This section of thesis analyses and synthesises legal provisions
promulgated by international treaties which Viet Nam is a party
member that provide national jurisdiction against crimes, mutual
legal assistance, extradition, transfer of the sentenced persons and
other activities of international cooperation in criminal procedural

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


15
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

3.4.1. General comments on achievements and good points
- In Viet Nam, conclusion, access and implementation of
multilateral, bilateral international treaties have gained many
important results. These works have been according with the
directions on foreign policy of the Party, obeying the Constitution,
laws on conclusion of international treaty, criminal law, criminal


16
procedure law; these activities are taken within the legal requirements
of competence, proceedings therefore many substantial results are
made, especially creating legal framework for international
cooperation in this sphere in Viet Nam.
- Regarding current domestic legal provisions: the legal system
and law on international cooperation in criminal procedural matters
have been gradually completed, basically legalised viewpoints,
policies of our Party, specialised provisions of the Constitution in the
fields of national security protection, social order and security
maintenance, crime prevention and combating, international
cooperation in criminal justice enhancing. It is noted that the legal
system determines objectives, subjectivities, principles, scope of
application and activities of international cooperation in particular
periods of criminal procedural matters. The thesis generally evaluates
situation and results of action taken by central authorities; the works
of negotiating and concluding international treaties, mutual assistance
as well as interagency coordination among ministries, services in
implementation of international cooperation in criminal procedural
matters in Viet Nam.
3.4.2. Obstacles and insufficiencies
- Regarding the negotiating and concluding international treaties

+ 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


17
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,

training, educating, lecturing on extradition in academia are under the
level of factual requirements.
+ Regarding mutual legal assistance, there are difficulties on
giving official guaranty for non-applicable of death sentence,
languages translated to and from Vietnamese, lack of experience on
implementation of some types of requests of mutual legal assistance.
+ The issues of transfer of the sentenced person include costs of
the transfer, conditional consensus of the sentenced person on the
transfer, proceedings of applying non-death penalty even this
sentence has been proclaimed in Viet Nam, proceedings for applying


18
the reciprocity principle; the inform, dissemination, education,
training on the contents of treaties have not been regularly, etc.
3.4.3. Causes of the obstacles and insufficiencies
- The legal system on international cooperation in criminal
procedural matters remains some insufficiency, and under
developing; the consistency with international treaties has under the
level of factual required.
- Personnel working in international cooperation in criminal
procedural matters has certain limitation on quality and quantity.
- The central authorities for international cooperation in criminal
procedural matters has under the level of required effective in terms
of organisational and practical perspectives.
- Conditions for the implementation of international cooperation
in criminal procedural matters have many limitations regarding
material, technical and funding aspects.
Summary of the Chapter 3
The Chapter 3 of the thesis analyses legal provisions on

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,


19
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

(presented from page 122 to page 148 of the thesis)
4.1. Forecasting the related circumstances
4.1.1. Forecasting the related criminal situation
By overviewing and synthesising related factors, the thesis
forecasts criminal situation in general, the situation of transnational
crimes in the world and the region might become more sophisticated
with new arising behaviours causing dangerous to the society, the
perpetrators utilise more sophisticatedly modus operandi leading
many high dangerous consequences as well as their impacts on
societies, including such impacts in Viet Nam.
4.1.2. The need for making a comprehensive legal bases for
international cooperation in criminal procedural matters


20
In the contexts that our Party and State boost the implementation
of the policies on integration, strongly presenting the national role
and position in the global and regional arena, the dark-side of the
globalisation and transnational issues, including transnational crimes
which require more comprehensively cooperation internationally.
Those facts expose quests for amending, adjusting legal bases,
enhancing capacity of specialised agencies, promoting cooperation
with foreign countries to conduct effectively mutual legal assistance,
extradition, transfer of the sentenced persons and other activities.
4.2. The direction, viewpoints of our Party, State on
improving legal provisions on international cooperation in
criminal procedural matters
By continuing implement the direction and viewpoints of our
Party, the drafting and amending the legal system, reforming judicial
works, law on international cooperation in criminal procedural

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

implementation of law on international cooperation in criminal
procedural matters, focussing in building database system,
establishments for secure, available, and precise information
exchange.
Summary of the Chapter 4
The Chapter 4 forecasts related circumstances, namely the
matters of transnational crimes affecting Viet Nam, the needs to
adjust and amend legal frameworks for international cooperation in
criminal procedural matters in Viet Nam in aspects of politic, foreign
policy, socio-economic. Beside that, this Chapter presents also
viewpoints, direction of our Party, State of Viet Nam on improving
the legal system, including legal provisions on international
cooperation in criminal procedural matters.
Following these contents, Chapter 4 identifies six solutions
contributing to the adjustment of the legal provisions on international
cooperation in criminal procedural matters as well as to enhance the
effectiveness of their application in Viet Nam in the future time.


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CONCLUSION
In studying theoretical and practical aspects of law on
international cooperation in criminal procedural matters in Viet Nam
and experience of some foreign states, pursuing the approach of
major of criminal law and criminal procedural law, combining with
multidisciplinary, interdisciplinary and transdisciplinary principles,
the thesis presents the following conclusions:
1. Developing a concept that Law on international cooperation in
criminal procedural 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.
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;