In economic cases with a Chinese nexus — cross-border fraud, smuggling, money laundering, tax violations — Vietnamese procedural agencies often need to collect evidence, serve documents or verify identities and assets in China. The legal channel for this is criminal mutual legal assistance, operating on two levels: the 1998 bilateral Vietnam–China treaty and Vietnam’s 2025 Law on Criminal Mutual Legal Assistance. This article systematises the current legal framework — with an important warning about a repealed instrument that old materials still cite.
1. The current law: Law on Criminal Mutual Legal Assistance 103/2025/QH15
The Law on Criminal Mutual Legal Assistance No. 103/2025/QH15 was passed by the XV National Assembly on 26 November 2025 (10th session) and took effect on 1 July 2026 (Article 41.1). It is the instrument now governing criminal mutual legal assistance — all citations on criminal MLA must use this Law.
Mandatory warning: the 2007 Law on Mutual Legal Assistance (No. 08/2007/QH12) — its criminal part ceased to be effective on 1 July 2026 (Article 41.2 of Law 103/2025), except for transitional cases: requests made or received by the Supreme People’s Procuracy before 1 July 2026 continue to be processed under Law 08/2007 (as amended by Law 81/2025). Never cite Law 08/2007/QH12 as an in-force instrument for criminal MLA.
Also avoid confusion: Law 103/2025/QH15 (criminal MLA) is entirely different from Decree 103/2026 (on outward investment) — two different instruments in different fields.
At the 10th session (November 2025), the National Assembly split the 2007 MLA Law into four laws, all effective 1 July 2026: the Law on Criminal MLA 103/2025/QH15; the Law on Civil MLA 102/2025/QH15; the Law on Extradition 100/2025/QH15; and the Law on Transfer of Sentenced Persons 101/2025/QH15.
The current term is “request for criminal mutual legal assistance” (replacing the old “judicial entrustment”). Vietnam’s central authority for criminal MLA is the Supreme People’s Procuracy — the body making and receiving requests.
2. The Vietnam–China MLA treaty (1998)
The Treaty on Mutual Legal Assistance in Civil and Criminal Matters between Vietnam and China was signed in Beijing on 19 October 1998 (not 2019, as some materials mistakenly state). Vietnam ratified it by Decision No. 61/QD-CTN dated 3 June 1999 of the State President; the Treaty took effect on 25 December 1999 and remains in force indefinitely — under Article 34, it terminates only 6 months after one party gives written notice through diplomatic channels (Article 32 provides the Treaty takes effect 30 days after exchange of ratification instruments). There is no public record of termination to date.
Criminal scope of the Treaty (Article 1): service of documents; investigation and collection of evidence; recognition and enforcement of court decisions in civil matters and arbitral awards; and other assistance as provided by the Treaty. “Competent authorities” under the Treaty include courts, procuracies and other competent authorities in civil and criminal matters.
3. Application to economic cases with a Chinese nexus
In economic cases with a Chinese nexus, the MLA channel under the 1998 Treaty and Law 103/2025/QH15 is typically used to:
- Serve procedural documents on persons in China;
- Investigate and collect evidence in China (testimony, documents, data);
- Verify identities and assets of related persons in China.
Typical cross-border economic crimes requiring this mechanism include cross-border fraud, smuggling, money laundering, and tax and economic-management violations involving persons, assets or evidence in China.
4. Distinguished from related institutions
To avoid confusion, criminal MLA must be distinguished from:
- Extradition ≠ MLA: Vietnam and China have a separate extradition treaty, signed 7 April 2015, effective 12 December 2019; domestically now governed by the Extradition Law 100/2025/QH15 (1 July 2026). Extradition is the transfer of persons for criminal prosecution or sentence execution; MLA is assistance in evidence collection and service of documents.
- Transfer of sentenced persons: governed by Law 101/2025/QH15 (1 July 2026).
- Civil MLA: governed by Law 102/2025/QH15 (1 July 2026) — distinct from criminal MLA.
5. Implementation principles
Criminal MLA is implemented on principles of respect for independence, sovereignty and territorial integrity, non-interference in each other’s internal affairs, equality, mutual benefit, and conformity with Vietnam’s Constitution, laws and international treaties to which Vietnam is a party. Where Vietnam and the foreign state are both parties to an international treaty on criminal MLA, costs and procedures follow that treaty; otherwise implementation follows the principle of reciprocity, consistent with Vietnamese law and international law and practice.
Frequently asked questions
Which instrument currently governs criminal MLA?
The Law on Criminal Mutual Legal Assistance 103/2025/QH15 (effective 1 July 2026). The criminal part of Law 08/2007/QH12 ceased to be effective at the same time.
When was the Vietnam–China MLA treaty signed?
Signed in Beijing on 19 October 1998, effective 25 December 1999, in force indefinitely.
How does MLA differ from extradition?
MLA is assistance in evidence collection and service of documents; extradition is the transfer of persons for criminal prosecution or sentence execution (Vietnam–China extradition treaty signed 7 April 2015, effective 12 December 2019).
Contact FLAT Law Firm for advice on mutual legal assistance and international cooperation in criminal and economic cases.
Note: This article is for general reference only and does not constitute legal advice. Legal provisions may change; specific cases require a lawyer’s opinion.
For reference only, not legal advice. Content quality-checked by the AI Legal Council; not yet reviewed by a human lawyer.