TREATY BETWEENJAPAN AND THE SOCIALIST REPUBLIC OF VIET NAM
ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERSTREATY BETWEENJAPAN AND THE SOCIALIST REPUBLIC OF VIET NAM
ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS
Japan and the Socialist Republic of Viet Nam(hereinafter referred to as “the Parties”),
Desiring to establish more effective cooperation
between both countries in the area of mutual legal
assistance in criminal matters,
Have agreed as follows:
Article 1
Object, purpose and scope of assistance1.
Each Party shall, upon request by the other Party,
provide mutual legal assistance (hereinafter referred to as“assistance”) in connection with investigations,prosecutions and other proceedings in criminal matters inaccordance with the provisions of this Treaty.
2.

Assistance shall include the following:(1)

taking testimony or statements;(2)

obtaining items, including through the executionof search and seizure;(3)

examining persons, items or places;(4)

locating or identifying persons, items or places;(5)

providing items in the possession of the publicauthorities;(6)

presenting an invitation to a person whose
appearance in the requesting Party is sought;(7)

temporary transfer of a person in custody fortestimony or other purposes;(8)

serving documents related to criminal
proceedings;(9)

assisting in proceedings related to confiscationand immobilization of proceeds or
instrumentalities of criminal offenses; and- 1 -(10) any other assistance permitted under the laws of
the requested Party and agreed upon between theCentral Authorities of the Parties.
The term “items” as used in this Treaty means
documents, records and articles of evidence.
3.
This Treaty is intended solely for assistance between
the Parties. The provisions of this Treaty neither create
a new right nor affect a pre-existing right on the part ofa private person to impede the execution of a request or tosuppress or exclude any evidence.
Article 2Central Authorities
1.
Each Party shall designate the Central Authority thatis to perform the functions provided for in this Treaty.
For Japan, the Central Authority shall be the Minister ofJustice or the National Public Safety Commission or persons
designated by them. For the Socialist Republic of Viet
Nam, the Central Authority shall be the Supreme People’s
Procuracy.
2.
Requests for assistance under this Treaty shall bemade by the Central Authority of the requesting Party to
the Central Authority of the requested Party.
3.
The Central Authorities of the Parties shallcommunicate directly with one another for the purposes ofthis Treaty.
Article 3
Grounds for refusal of assistance1.
The Central Authority of the requested Party may
refuse assistance if the requested Party considers that:(1)

the request relates to an offense of a politicalnature;(2)

the execution of the request would impair its
sovereignty, security or other essential
interests;(3)

the request does not conform to the requirementsof this Treaty;

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(4)

there are well-founded reasons to suppose thatthe request for assistance has been made with aview to prosecuting or punishing a person byreason of race, religion, nationality, ethnic
origin, political opinions or sex, or that such
person’s position may be prejudiced for any of
those reasons;(5)

the conduct that is the subject of theinvestigation, prosecution or other proceedingsin the requesting Party would not constitute a
criminal offense under the laws of the requested
Party;(6)

the request for assistance relates to theprosecution of a person for an offence where theperson has been convicted or acquitted in therequested Party in respect of that offense oranother offense constituted by the same conduct;(7)

the prosecution or the imposition of punishment
for the offense for which assistance is requested
would not be permitted by lapse of time under thelaws of the requested Party; or(8)

it would be contrary to the legal system of therequested Party relating to mutual legal
assistance for the request to be granted.

2.
Before refusing assistance pursuant to paragraph 1,
the Central Authority of the requested Party shall consult
with the Central Authority of the requesting Party when therequested Party considers that assistance may be provided
subject to certain conditions. If the requesting Party
accepts such conditions, the requesting Party shall comply
with them.
3.
If assistance is refused, the Central Authority of therequested Party shall promptly inform the Central Authorityof the requesting Party of the reasons for the refusal.

- 3 -Article 4
Content and form of requests
1.
The Central Authority of the requesting Party shallmake a request in writing. However, the Central Authorityof the requesting Party may make a request by any otherreliable means of communication if the Central Authority of
the requested Party considers it appropriate to receive arequest by that means. In such cases, the Central
Authority of the requesting Party shall provide
supplementary confirmation of the request in writing
promptly thereafter. A request shall be accompanied by atranslation into the language of the requested Party or, incase of urgency, into the English language unless otherwise
agreed between the Central Authorities of the Parties.
2.

A request shall include the following:(1)

the name of the authority conducting theinvestigation, prosecution or other proceedings;(2)

the facts pertaining to the subject matter of theinvestigation, prosecution or other proceedings;(3)

the nature and the stage of the investigation,prosecution or other proceedings;(4)

the text of the relevant laws of the requesting
Party;(5)a description of the assistance requested; and(6)a description of the purpose of the assistancerequested.

3.
To the extent necessary and possible, a request shallalso include the following:(1)

information on the identity and location of any
person from whom testimony, statements or items
are sought;(2)

a description of the manner in which testimony,statements or items are to be obtained orrecorded;(3)

a list of questions to be asked of the personfrom whom testimony or statements are sought;(4)

a description of persons or places to be searchedand of items to be sought;

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(5)

information regarding persons, items or places tobe examined;(6)

a description of the manner in which an
examination of persons, items or places is to be
conducted and recorded, including the format ofany written record to be made concerning theexamination;(7)

information regarding persons, items or places tobe located or identified;(8)

information on the identity and location of aperson to be informed of an invitation, and theperson’s relationship to the proceedings;(9)

information on the allowances and expenses towhich a person whose appearance is sought before
the appropriate authority in the requesting Party
will be entitled;(10) a description of any particular procedure to befollowed in executing the request other thanthose referred to in sub-paragraphs (2) and (6);(11) a description of the proceeds or
instrumentalities of criminal offenses, thelocation thereof, and the identity of the owner
thereof;(12) an explanation of the necessity for
confidentiality concerning the request;(13) the time limit within which the request isdesired to be executed; and(14) any other information that should be brought tothe attention of the requested Party tofacilitate the execution of the request.
4.
If the requested Party considers that the information
contained in a request for assistance is not sufficient tomeet the requirements under this Treaty to enable theexecution of the request, the Central Authority of therequested Party may request that additional information beprovided.

- 5 -Article 5
Execution of requests
1.
The requested Party shall promptly execute a request
in accordance with the relevant provisions of this Treaty.
The competent authorities of the requested Party shall takeevery possible measure in their power to ensure theexecution of a request.
2.
A request shall be executed in accordance with theprovisions of this Treaty and the laws of the requested
Party. The manner or particular procedure described in arequest referred to in paragraph 3(2), 3(6) or 3(10) of
Article 4 shall be followed to the extent it is notprohibited by the laws of the requested Party, and where it
deems appropriate.
3.
If the execution of a request is deemed to interferewith an ongoing investigation, prosecution or otherproceedings in the requested Party, the Central Authorityof the requested Party may postpone the execution. The
Central Authority of the requested Party shall consult with
the Central Authority of the requesting Party when therequested Party considers that the request can be executed
subject to certain conditions. If the requesting Party
accepts such conditions, the requesting Party shall comply
with them. The Central Authority of the requested Party
shall inform the Central Authority of the requesting Partyof the reasons for the postponement of the execution.
4.
The requested Party shall make its best efforts tokeep confidential the fact that a request has been made,the contents of a request, the outcome of the execution ofa request and other relevant information concerning theexecution of a request if such confidentiality is requestedby the Central Authority of the requesting Party. If arequest cannot be executed without disclosure of suchinformation, the Central Authority of the requested Party
shall so inform the Central Authority of the requesting
Party, which shall then determine whether the request
should nevertheless be executed.
5.
The Central Authority of the requested Party shall
respond to reasonable inquiries by the Central Authority of
the requesting Party concerning the status of the executionof a request.

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6.
The Central Authority of the requested Party shallpromptly inform the Central Authority of the requesting
Party of the result of the execution of a request, andshall provide the Central Authority of the requesting Party
with the testimony, statements or items obtained as aresult. If a request cannot be executed in whole or inpart, the Central Authority of the requested Party shallinform the Central Authority of the requesting Party of thereasons therefor.
Article 6
Costs
1.
The requested Party shall bear all costs related tothe execution of a request, unless otherwise agreed between
the Central Authorities of the Parties.
2.
Notwithstanding the provisions of paragraph 1, therequesting Party shall bear the fees of an expert witness,the costs of translation, interpretation and transcription,
the allowances and expenses related to travel of persons
pursuant to Articles 14 and 15 and the costs of an
extraordinary nature.
3.
If it becomes apparent that expenses of an
extraordinary nature are required to execute a request, theCentral Authorities of the Parties shall consult todetermine the conditions under which the request will be
executed.
Article 7
Limitation on use and confidentiality
1.
The requesting Party shall not use any testimony,statements or items provided under this Treaty other thanin the investigation, prosecution or other proceedings
described in a request without prior written consent of theCentral Authority of the requested Party.
2.
The Central Authority of the requested Party may
request that testimony, statements or items provided under
this Treaty be kept confidential or be used only subject toother conditions it may specify. If the requesting Party
agrees to such confidentiality or accepts such conditions,
it shall comply with them.
3.
The requesting Party shall make its best efforts toprotect testimony, statements or items provided under thisTreaty against unlawful access, use and modification, loss
or misuse.

- 7 -Article 8
Returning items
1.
The Central Authority of the requested Party may
request that the requesting Party transport and maintainitems provided under this Treaty in accordance with theconditions specified by the Central Authority of therequested Party, including the conditions deemed necessary
to protect third-party interests in the items to betransferred.
2.
The Central Authority of the requested Party may
request that the requesting Party return any items provided
under this Treaty in accordance with the conditions
specified by the Central Authority of the requested Party,
after such items have been used for the purpose describedin a request.
3.
The requesting Party shall comply with a request madepursuant to paragraph 1 or 2. When such a request has been
made, the requesting Party shall not examine the items
without the prior consent of the Central Authority of therequested Party if the examination impairs or could impair
the items.
Article 9
Taking testimony or statements
1.
The requested Party shall take testimony orstatements. The requested Party shall employ compulsory
measures in order to do so, if such measures are necessary
and the request includes information justifying thosemeasures under the laws of the requested Party.
2.
The requested Party shall, to the extent not contrary
to its laws, make its best efforts to make possible thepresence of such persons as specified in a request for
taking testimony or statements during the execution of therequest, and shall allow such persons to submit questions
to be posed to the person from whom testimony or statements
are sought.
3.

(1)

If a person, from whom testimony or statements
are sought pursuant to this Article, asserts a
claim of immunity, incapacity or privilege under
the laws of the requesting Party, testimony orstatements shall nevertheless be taken.

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(2)

In cases where testimony or statements are takenin accordance with sub-paragraph (1), they shallbe provided, together with the claim referred toin that sub-paragraph, to the Central Authorityof the requesting Party for resolution of theclaim by the competent authorities of therequesting Party.
Article 10
Obtaining items

1.
The requested Party shall obtain items. The requested
Party shall employ compulsory measures, including searchand seizure, in order to do so, if such measures arenecessary and the request includes information justifying
those measures under the laws of the requested Party.
2.
The requested Party shall make its best efforts tomake possible the presence of such persons as specified ina request for obtaining items during the execution of therequest.
3.

(1)

If a person, from whom items are sought pursuant
to this Article, asserts a claim of immunity or
privilege under the laws of the requesting Party,
items shall nevertheless be obtained.

(2)

In cases where items are obtained in accordancewith sub-paragraph (1), they shall be provided,
together with the claim referred to in that subparagraph, to the Central Authority of therequesting Party for resolution of the claim by
the competent authorities of the requesting
Party.
Article 11
Examining persons, items or places

1.
The requested Party shall examine persons, items orplaces. The requested Party shall employ compulsory
measures in order to do so, if such measures are necessary
and the request includes information justifying thosemeasures under the laws of the requested Party.
2.
The requested Party shall make its best efforts tomake possible the presence of such persons as specified ina request for examining persons, items or places during theexecution of the request.

- 9 -Article 12
Locating or identifying persons, items or places
The requested Party shall make its best efforts tolocate or identify persons, items or places.
Article 13
Providing items in the possessionof the public authorities
1.
The requested Party shall provide the requesting Party
with items that are in the possession of the publicauthorities of the requested Party and are available to thegeneral public.
2.
The requested Party may provide the requesting Party
with items that are in the possession of the publicauthorities of the requested Party and are not available to
the general public, to the same extent and under the same
conditions as such items would be available to its
competent authorities.
Article 14
Presenting an invitation to a person
1.
The requested Party shall present an invitation to aperson in the requested Party whose appearance is sought
before the appropriate authority in the requesting Party.
2.
The Central Authority of the requesting Party shallinform the Central Authority of the requested Party of theextent to which the allowances and expenses for theappearance under paragraph 1 will be paid by the requesting
Party. The Central Authority of the requested Party shallpromptly inform the Central Authority of the requesting
Party of the response of the person whose appearance issought.
Article 15
Temporary transfer of persons in custody1.
A person in custody of the requested Party whose
presence in the territory of the requesting Party isnecessary for testimony or other purposes shall betemporarily transferred for those purposes to therequesting Party, if the person consents and if the Central
Authorities of the Parties agree, when permitted under thelaws of the requested Party.
2.

(1)

The requesting Party shall keep the persontransferred pursuant to paragraph 1 in thecustody of the requesting Party, unless permitted
by the requested Party to do otherwise.

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(2)The requesting Party shall immediately return the
person transferred to the requested Party, as
agreed beforehand, or as otherwise agreed between
the Central Authorities of the Parties.

(3)

The person transferred shall receive credit forservice of the sentence imposed in the requested
Party for the time served in the custody of therequesting Party, including the time of transfer.
Article 16
Safe conduct

1.
A person whose appearance is sought before theappropriate authority in the requesting Party under Article
14 or a person transferred to the requesting Party under
Article 15 shall not be subject to detention, prosecution,
punishment or any restriction of personal liberty in its
territory by reason of any conduct or conviction thatprecedes the departure from the requested Party of theperson, nor shall the person be obliged to give testimony,statements or items in any proceeding or to assist in any
proceeding other than the proceeding which is specified in
the request, unless the person consents and the Central
Authorities of the Parties agree otherwise.
2.

(1)

(2)

The safe conduct provided in accordance withparagraph 1 to the person whose appearance issought before the appropriate authority in therequesting Party under Article 14 shall cease
when:
(a)

fifteen consecutive days have passed after
the person was notified in writing by theappropriate authority that the appearance ofthe person is no longer necessary;(b)the person, having left the requesting
Party, voluntarily returns to it; or(c)the person fails to appear before theappropriate authority on the scheduledappearance date due to the reasons otherthan those arising out of the circumstances
beyond the control of the person.

When the notification is made pursuant to subparagraph (1)(a), or when the safe conduct ceases
pursuant to sub-paragraph (1)(b) or (1)(c), theCentral Authority of the requesting Party shallso inform the Central Authority of the requested
Party without delay.

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3.
The safe conduct provided in accordance with paragraph1 to the person transferred to the requesting Party under
Article 15 shall cease when the person returns to therequested Party.
4.
A person who does not appear before the appropriate
authority in the requesting Party under Article 14 or aperson who does not consent to be transferred to therequesting Party under Article 15 shall not, by reason
thereof, be liable to any penalty or be subjected to any
compulsory measure in the requesting Party, notwithstanding
any contrary statement in the request or a document related
to the appearance of the person.
Article 17
Proceeds or instrumentalities
of criminal offenses
The requested Party shall assist, to the extent
permitted by its laws, in proceedings related to theconfiscation of the proceeds or instrumentalities ofcriminal offenses. Such assistance may include action totemporarily immobilize the proceeds or instrumentalities
pending further proceedings.
Article 18Service of documents
1.
The requested Party shall effect service of documents
related to criminal proceedings that are transmitted to it
for this purpose by the requesting Party.
2.
Where a request concerns service of a judicial
document requiring the appearance of a person before theappropriate authority in the requesting Party, the request
shall be received by the requested Party not less thanninety days before the scheduled appearance date. In
urgent cases, the requested Party may waive thisrequirement. In informing of the result of the executionof such a request in accordance with the provisions ofparagraph 6 of Article 5, the Central Authority of therequested Party shall inform the Central Authority of therequesting Party in writing of the fact that the service
was effected, as well as the date, place and manner of theservice.
3.
A person who does not comply with a judicial document
requiring the appearance of the person before theappropriate authority in the requesting Party served
pursuant to this Article shall not, by reason thereof, beliable to any penalty or be subjected to any compulsory
measure in the requesting Party, notwithstanding any
contrary statement in that document.

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Article 19
Providing information
1.
The Parties may, without prior request, provide
information relating to criminal matters to each other tothe extent permitted by the laws of the providing Party.
2.
The providing Party may impose conditions on the useof such information by the receiving Party. In such acase, the providing Party shall give prior notice to thereceiving Party of the nature of the information to beprovided and of the conditions to be imposed. The
receiving Party shall be bound by those conditions if itagrees to them.
Article 20
Authentication
Documents transmitted by either Party pursuant to thisTreaty which are attested by the signature or seal of acompetent authority or the Central Authority of that Party
shall be accepted by the other Party without authenticationor any other form of certification. At the request of therequesting Party, the documents transmitted pursuant tothis Treaty may be certified by the requested Party inanother form indicated in the request to the extent notcontrary to the laws of the requested Party.
Article 21
Relation to other instruments
Nothing in this Treaty shall prevent either Party fromrequesting assistance from or providing assistance to theother Party in accordance with other applicableinternational agreements, or pursuant to its laws that may
be applicable.
Article 22
Consultations
1.
The Central Authorities of the Parties shall holdconsultations for the purpose of facilitating speedy andeffective assistance under this Treaty, and may decide onsuch measures as may be necessary for this purpose.
2.
The Parties shall, if necessary, hold consultations on
any matter that may arise in the interpretation or
implementation of this Treaty.

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Article 23
Headings
The headings of the Articles of this Treaty are
inserted for convenience of reference only and shall notaffect the interpretation of this Treaty.
Article 24
Entry into force and termination
1.
This Treaty shall enter into force on the thirtieth
day after the date on which the Parties exchange diplomatic
notes informing each other that their respective internal
procedures necessary to give effect to this Treaty havebeen completed.
2.
This Treaty shall apply to any request for assistancepresented on or after the date upon which this Treaty
enters into force, whether the acts relevant to the request
were committed before, on or after that date.
3.
This Treaty may be amended by written agreement
between the Parties.
4.
Either Party may terminate this Treaty at any time bynotice in writing to the other Party through diplomaticchannels. Termination shall take effect on the one hundredand eightieth day after the date of receipt of the notice.
5.
Termination of this Treaty shall not be used as areason for not executing the requests for assistance madeprior to the date of the termination of this Treaty.
IN WITNESS WHEREOF, the undersigned, being duly
authorized, have signed this Treaty.
DONE at Tokyo this 24th day of November, 2021, in
duplicate, in the Japanese, Vietnamese and English
languages, all texts being equally authentic. In case ofany divergence of interpretation, the English text shallprevail.

FOR JAPAN:

FOR THE SOCIALIST REPUBLIC
OF VIET NAM:
Lê Minh Trí

山田滝雄- 14 -