According to this Joint Circular, A sentenced person who is serving sentence in the transferring country is only received back to Vietnam for further execution of remaining sentence upon meeting the following conditions: being Vietnamese citizen; having the last residence in Vietnam; acts of criminal by which the offender is sentenced in foreign country also constitute a criminal under the provisions of Vietnamese law; at the time of receiving request for transfer, the period of remaining sentence must be at least 01 (one) year. In special case, this period must be at least 06 (six) months; the judgment for the person to be transferred back to Vietnam has legal effect and no procedural proceedings for that person in the transferring country; the transferring country and the sentenced persons have agreed upon the transfer. In case the sentenced person is a minor, person with physical or mental defects, he/she must have the consent of his or her legal representative; the Vietnamese competent Court has a decision on reception with legal effect."Special cases" is 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 so on; or to serve the foreign requirements between Vietnam and receiving country.
Provincial People’s Court where the person required to be transferred to Vietnam with the last residence or the place where the foreigner is serving his/her sentence in Vietnam shall consider and make a decision on reception, transfer or refusal of reception or transfer.
This Joint Circular takes effect on April 15, 2013.
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