VIETNAMESE CRIMINAL PROCEDURE CODE - Part Eight - INTERNATIONAL COOPERATION - CHAPTER XXXVI GENERAL PROVISIONS ON INTERNATIONAL COOPERATION IN CRIMINAL PROCEEDINGS








	
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PART EIGHT INTERNATIONAL COOPERATION
CHAPTER XXXVI GENERAL PROVISIONS ON INTERNATIONAL COOPERATION IN CRIMINAL PROCEEDINGS
Article 340.- Principles for international cooperation in criminal proceedings
Article 341.- Provision of judicial assistance
Article 342.- Refusal to implement judicial assistance requests
CHAPTER XXXVII EXTRADITION AND TRANSFER OF DOSSIERS, DOCUMENTS AND EXHIBITS OF CASES
Article 343.- Extradition in order to examine penal liability or execute judgments
Article 344.- Refusal to extradite
Article 345.- Transfer of files and exhibits of criminal cases
Article 346.- Delivery, receipt and transfer of documents, objects and money related to criminal cases

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CHAPTER XXXVI GENERAL PROVISIONS ON INTERNATIONAL COOPERATION IN CRIMINAL PROCEEDINGS


Article 340.- Principles for international cooperation in criminal proceedings

International cooperation in criminal proceedings between the bodies with procedure-conducting competence of the Socialist Republic of Vietnam and foreign authorities with corresponding competence shall be effected on the principles of respect for each other’s national independence, sovereignty and territorial integrity, non-intervention in each other’s internal affairs, equality and mutual benefit, compliance with the Constitution of the Socialist Republic of Vietnam and fundamental principles of international laws.

International cooperation in criminal proceedings shall be carried out in conformity with the international agreements which the Socialist Republic of Vietnam has signed or acceded to and the laws of the Socialist Republic of Vietnam.

Where the Socialist Republic of Vietnam has not yet signed or acceded to relevant international agreements, the international cooperation in criminal proceedings shall be effected on the principle of reciprocity but in contravention of the laws of the Socialist Republic of Vietnam, international laws and international practices.


Article 341.- Provision of judicial assistance

When rendering judicial assistance, the bodies as well as persons with procedure-conducting competence of the Socialist Republic of Vietnam shall apply the provisions of relevant international agreements which the Socialist Republic of Vietnam has signed or acceded to and the provisions of this Code.


Article 342.- Refusal to implement judicial assistance requests

The bodies with procedure-conducting competence of the Socialist Republic of Vietnam may refuse to implement judicial assistance requests in criminal proceedings in one of the following cases:

1. Judicial assistance requests fail to comply with the international agreements which the Socialist Republic of Vietnam has signed or acceded to and the laws of the Socialist Republic of Vietnam;

2. The implementation of judicial assistance requests is detrimental to the national sovereignty, security or other important interests of the Socialist Republic of Vietnam.

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