📋 Tender Overview
The Government issued Decree No. 171/2026/ND-CP detailing a number of articles of the Law on Transfer of People Serving Prison Sentences. Download Detailed regulations on a number of articles of the Law on Transfer of People serving Prison Sentences. This Decree applies to Vietnamese agencies, organizations, and individuals, foreign agencies, organizations, and individuals related to the transfer of people serving prison sentences between Vietnam and foreign countries. Order and procedures for transiting people serving prison sentences. In particular, the Decree clearly stipulates the order and procedures for transiting people serving prison sentences. Specifically, the country requesting transit People serving prison sentences through Vietnamese territory must send a written request for transit according to regulations to the Ministry of Public Security at least 10 days before the expected date of transit. Within 5 working days from the date of receipt of the written request, the Ministry of Public Security shall consider and decide on the transit permit. The transmission of the transit request document and the response document can be done in the electronic environment (email box). The transit request document must contain the following contents: Date, month, year and place of preparation of the document; name and address of the competent authority of the country requesting transit; Personal information of the transferred person, including full name, middle name, date of birth, gender, nationality, passport number, permanent residence and health status of the transferred person; information about the transferees criminal behavior, the penalty imposed on the transferee, the start and end time of the sentence; Requests for support from immigration authorities and functional forces at Vietnams border gates (if any); information about travel schedule, expected time of transit, means of transport, members of the escorting team and types of weapons and support tools to carry (if any); Other necessary information (if any). The Ministry of Public Security refuses to transit in the following cases: The person being transferred is a Vietnamese citizen; Criminal acts of people serving prison sentences do not constitute crimes according to the provisions of the Vietnam Penal Code; Transit is harmful to Vietnams sovereignty, security, social order and safety. The person serving a prison sentence and the escorting officer must stay in the transit area at the international airport or at the seaport border gate while waiting for a vehicle to go to a third country, in accordance with the provisions of law on entry, exit, transit, and residence of foreigners in Vietnam. During the transit period, the escorting officer of the requesting country must be primarily responsible for supervising and managing the person serving a prison sentence. Immigration authorities and functional forces at Vietnams border gates are responsible for assisting in ensuring security, order and general supervision. All expenses incurred during transit are paid by the country requesting transit, unless otherwise agreed. In case of transport by air without a landing plan in Vietnam but must make an unexpected landing due to a technical problem, the health condition of the person serving a prison sentence, the escorting staff, weather conditions or other force majeure reasons, the escorting team leader or the aircraft commander must immediately notify the immigration authority at the airport of the presence of the person serving a prison sentence on the aircraft. To ensure security and order, the immigration management agency coordinates with the countrys escort staff to request immediate implementation of measures to monitor and manage people serving prison sentences. While waiting for the next flight, people serving prison sentences must be managed in the quarantine area of the airport according to the provisions of law. Special cases in transferring people serving prison sentences Point c Clause 1 Article 15 and Point c Clause 1 Article 32 of the Law on Transfer of People serving prison sentences stipulates 1 of the conditions for receiving people serving prison sentences abroad to Vietnam, conditions for transferring people serving prison sentences in Vietnam for foreign countries is: At the time of receiving the transfer request, the remaining period of imprisonment must be at least 01 year; In special cases, this period may be less than 1 year. The Decree stipulates that the reception of a person serving a prison sentence abroad to Vietnam or the transfer of a person serving a prison sentence in Vietnam to a foreign country can be carried out even if the term of imprisonment of the person proposed for transfer is less than 1 year in the following cases: The person can stay close to family during treatment; a person with a severe disability or a particularly severe disability certified by a competent authority of Vietnam or the country in which that person is serving a prison sentence.b- The person serving a prison sentence is a minor.c- The person serving a prison sentence is a womanpregnant or raising a child under 36 months of age.d- A person serving a prison sentence is a person who is 70 years old or older.d- To serve the requirements of politics, foreign affairs, national defense, security, social order and safety. In the cases specified above, the remaining term of imprisonment up to the time of receiving the request for transfer must ensure enough time to carry out transfer procedures and continue to execute part of the sentence, unless otherwise agreed upon because humanitarian purposes. In case of necessity, the Ministry of Public Security consults with the Ministry of National Defense, the Ministry of Foreign Affairs, the Supreme Peoples Court, the Supreme Peoples Procuracy, the Ministry of Health and relevant agencies on the special nature of each specific dossier to decide whether to accept people serving prison s
