THE MINISTRY OF PUBLIC SECURITY- THE MINISTRY OF JUSTICE, THE MINISTRY OF FOREIGN AFFAIRS - THE SUPREME PEOPLE'S PROCURACY- THE SUPREME PEOPLE'S COURT 

Joint Circular No. 01/2013/TTLT-BCA-BTP-BNG-VKSNDTC-TANDTC dated February 22, 2013 guiding the reception, transfer and continual enforcement for prison-sentenced person
To have correct and consistent application for legal regulation on transfer for prison-sentenced person, the Ministry of Public Security, Ministry of Justice, Ministry of Foreign Affairs, the Supreme People's Procuracy, the Supreme People's Court guiding the reception, transfer and continual enforcement for prison-sentenced person as follows:
Chapter 1.
GENERAL REGULATIONS
Article 1. Scope of regulation and objectives of application
1. This Joint Circular guides the reception, transfer and continual enforcement for prison-sentenced person.
2. This Joint Circular is applicable to Vietnamese and foreign agencies, organizations and individuals; related the reception, transfer and continual enforcement for prison-sentenced person
Article 2. Reception and transfer’s regulations
1. In conformity with the Constitution and Vietnam laws and international agreement to which Vietnam is a member.
2. For humanitarian purposes to facilitate prison-sentenced person have the opportunity to continue serving the rest of the sentence in the country in which they are nationals or in other countries which agree to receive them.
3. Priority is given to the application of international agreement in which Vietnam is a member. In case there is no international agreement, the regulation of “reciprocity” shall apply but must be in line with Vietnamese and international law.
Article 3. Term explanations
In this Joint Circular, the terms below are construed as follows:
1. "Reception" means the competent authorities of Vietnam receives Vietnamese citizen who has been sentenced to a specific time in prison or life imprisonment in transferring countries to continue his/her execution of judgment in Vietnam;
2. "Transfer" means the competent agencies of Vietnam remove the persons who are serving a fixed-term sentence or life imprisonment in the Vietnamese detention camps to the receiving country for further execution of judgment in that country;
3. “Sentenced person” is the person who is serving sentence in the detention camps in the territory of the Socialist Republic of Vietnam or territory of transferring country;
4."Competent People's Court" is a provincial-level People's Court as the last residence in Vietnam of the sentenced person in the transferring country or the place where the foreigner is serving h sentence in Vietnam;
5. "Detention camps" means the cell house, detention camp or other detention places in the territory of the Socialist Republic of Vietnam or the territory of transferring country.
6. "Special cases" specified at Point d, Clause 1, Article 50 of the Law on Mutual Legal Assistance shall be in following cases:
a) To serve the foreign requirements between Vietnam and receiving country;
b) The person who is serving sentence suffers from such a serious disease that he/she cannot continue to exercise his/her judgment with one of the following diseases: end-stage cancer, cirrhosis as cites, drug-resistant tuberculosis at degree 4, polio, heart failure at degree 3 or higher, kidney failure at degree 4 or higher, HIV moving to AIDS stage with opportunistic infections and poor prognosis ..., and conclusion of the hospital at provincial-level or higher more about the person who is serving sentence while suffering serious diseases.
7. "Person allowed living indefinitely in the receiving country" specified at Point a, Clause 2, Article 50 of the Law on Mutual Legal Assistance is understood as those who are permitted to enter and stay permanently in the receiving country;