On the ratification of the Extradition Treaty between the Republic of Kazakhstan and the Socialist Republic of Vietnam

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The Law of the Republic of Kazakhstan dated March 1, 2018 No. 142-VI SAM.

To ratify the Extradition Treaty between the Republic of Kazakhstan and the Socialist Republic of Vietnam, signed in Hanoi on June 15, 2017.

President of the Republic of Kazakhstan

N. NAZARBAYEV

THE Extradition TREATY between the Republic of Kazakhstan and the Socialist Republic of Vietnam

The Republic of Kazakhstan and the Socialist Republic of Vietnam, hereinafter referred to as the "Parties",

Desiring to ensure more effective cooperation in combating crime and to regulate relations between the two States in the field of extradition,

We have agreed on the following:

Article 1. Obligation of extradition

Each Party undertakes, in accordance with the provisions of this Treaty, to extradite to the other Party a person located in the territory of the Requested Party who is wanted for the purpose of criminal prosecution or the enforcement of a court sentence in the territory of the Requesting Party for extraditable offences.

Article 2. Extraditable offences

1. For the purposes of this Treaty, extraditable offences are those offences which, at the time of sending the request, are punishable under the laws of the Parties and for which a penalty of imprisonment for a period of at least 1 (one) year or a more severe penalty is provided.

2. If the extradition request relates to a person who has been sentenced to imprisonment by a court of the Requesting Party for any crime leading to his extradition, extradition is possible only if the person has been sentenced to imprisonment and the unserved term is at least 6 (six) months.

3. For the purposes of this article, to determine whether the committed act is a crime in accordance with the legislation of the Parties:

a) it does not matter whether, under the legislation of the Parties, the act falls under the same category of crimes or whether the committed crime is called by the same or different terminology; and

(b) The acts of the person whose extradition is requested are taken into account as a whole and it does not matter if the constituent elements of the crime differ according to the legislation of the Parties.

4. If extradition is requested for the commission of crimes related to violations of customs, tax legislation, legislation in the field of currency regulation, extradition may not be refused on the grounds that the legislation of the Requested Party does not contain similar tax or customs regulations or norms in the field of currency regulation as the legislation of the Requesting Party.

5. If the crime was committed outside the territory of the Requesting Party, extradition may be granted if the legislation of the Requested Party provides for punishment for crimes committed outside its territory under the same circumstances.

6. If the extradition request relates to several crimes, each of which is punishable by the legislation of the Parties, but some of them do not contain the signs specified in paragraphs 1, 2 of this article, extradition may be carried out for these crimes, taking into account that the person can be extradited for at least one crime, leading to extradition.

Article 3. Refusal of extradition

1. Within the framework of this Agreement, extradition is not performed if:

(a) Extradition is contrary to the provisions of this Treaty, legislation or international obligations of the Requested Party;

(b) Under the law of the Requesting Party, the offence for which extradition is requested is punishable by death, unless the Requesting Party provides the Requested Party with sufficient guarantees that the death penalty will not be imposed on the person sought, and if so, will not be carried out.;

(c) The wanted person has been charged, convicted or acquitted in the territory of the Requested Party of a crime for which his extradition is required or the case of this crime has been terminated or suspended in accordance with the legislation of the Requested Party.;

(d) Criminal prosecution is not possible due to the expiration of the statute of limitations under the legislation of the Requested Party if the same offence would have been committed on its territory. Decisions related to the suspension of the statute of limitations under the legislation of the Requesting Party are recognized by the Requested Party, in which case the Requesting Party must provide a certified copy of the relevant decision and an extract from the relevant provisions of its legislation regarding the statute of limitations.;

(e) The person whose extradition is requested is a national of the Requested Party;

(f) The requested Party, taking into account the gravity of the crime and the interests of the Requesting Party, considers that, due to the personal circumstances of the wanted person, his extradition would be incompatible with the principles of humanity.;

(g) The act in connection with which extradition is requested is classified as a military offence under the legislation of the Requested Party, which is not an offence under ordinary criminal law;

(h) The requested Party has reasonable grounds to believe that the extradition request is being submitted for the purpose of charging or punishing the wanted person for racial, religious, sexual, national, ethnic, social or political reasons, or that the person may be convicted for any of these reasons.;

(i) The requested Party has reasonable grounds to believe that the person sought has been or will be subjected to torture or other cruel, inhuman or degrading treatment or punishment in the Requesting Party;

(j) The requested Party considers that extradition may endanger sovereignty, national security, or public order.

2. The requesting Party must be notified in writing of the reasons for the complete or partial refusal of the extradition request.

Article 4. Criminal prosecution of citizens

1. If extradition is refused solely on the basis of the nationality of the wanted person, the Requested Party must, at the request of the Requesting Party, subject the person to criminal prosecution. For this purpose, the Requested Party may request the Requesting Party to send the relevant documents.

2. The requested Party shall promptly inform the Requesting Party of the actions taken upon request and of the outcome of the judicial proceedings in the case.

Article 5. Postponement of extradition and temporary extradition

1. If the person whose extradition is requested is being prosecuted or is serving a sentence for another crime in the territory of the Requested Party, extradition may be postponed until the end of the proceedings, serving of the sentence or release from punishment, which is notified to the Requesting Party.

2. If the postponement of extradition may lead to the expiration of the statute of limitations for criminal prosecution or seriously complicate the investigation of the crime, the Requested Party may, at the request of the Requesting Party and in accordance with its legislation, temporarily extradite the person whose extradition is requested.

3. A person who has been temporarily extradited must be returned to the Requested Party at the end of the criminal proceedings, but no later than 90 (ninety) days later. days from the date of its transfer. The requested Party may, upon request, extend the period of temporary extradition if there are sufficient grounds for such an extension.

Article 6. Central authorities

1. The Parties shall communicate on extradition issues through their central authorities or through diplomatic channels.

The central authorities mentioned in this Agreement include:

for the Republic of Kazakhstan - the Prosecutor General's Office;

For the Socialist Republic of Vietnam, it is the Ministry of Public Security.

2. If the names of the central authorities are changed, the Parties shall immediately notify each other through diplomatic channels.

Article 7. Request for extradition and necessary documents

1. An extradition request must be made in writing and sent through the central authorities of the Parties. All documents accompanying the extradition request must be certified in accordance with article 9 of this Treaty.

The request for extradition must contain the following information:

a) the date and place of the request;

(b) A summary of the crime committed, which served as the basis for the extradition request;

d) Full name, gender, date of birth, nationality and place of residence/registration of the wanted person and, if available, any other information that may contribute to identifying the person or establishing his location;

2. The following must be attached to the extradition request:

a) information stating the circumstances of the case;

b) the text of the law on the basis of which the act is recognized as a crime, the text of the law establishing the punishment for the crime, and the time period during which it is necessary to conduct criminal prosecution or enforce the sentence imposed.;

d) a copy of the identity document, as well as photographs and fingerprints of the wanted person (if any).

3. If the extradition request relates to a person requested for the purposes of criminal prosecution, the request shall be accompanied by the documents specified in paragraph 2 of this Article and a copy of the arrest warrant issued by the competent authority of the Requesting Party.

4. When an extradition request relates to a person requested for the purpose of enforcing a court sentence, the request shall be accompanied by the documents specified in paragraph 2 of this article and the following:

(a) A copy of the final verdict rendered by the court of the Requesting Party;

b) information about the part of the sentence served.

5. The request for extradition and the attached documents must be accompanied by a certified translation into the official language of the Requested Party or into English.

6. The request for extradition may be transmitted using technical means of communication. The original request must be sent simultaneously by mail.

Article 8. Additional information

1. If the Requested Party considers that the information provided in the extradition request is insufficient, in accordance with this Treaty, to satisfy the extradition request, it may request additional information within the agreed time limit.

2. If the person whose extradition is requested is in custody, and the additional information provided is insufficient in accordance with this Agreement or has not been received within the agreed period, the person may be released from custody. Such an exemption should not prevent the Requesting Party from submitting a new extradition request.

3. If a person is released from custody in accordance with paragraph 2 of this Article, the Requested Party must promptly notify the Requesting Party.

Article 9. The admissibility of documents

The extradition request and the necessary documents, stamped by the central authority of the Party, must be acceptable in the extradition procedure of the wanted person without further certification, authentication and legalization.

Article 10. Arrest for the purpose of extradition

1. In urgent cases, the Parties may request the extradition arrest of a wanted person before submitting an extradition request. An extradition arrest request may be submitted through diplomatic channels or Interpol, or directly by the central authorities referred to in article 6 of this Treaty.

An arrest request can be transmitted using technical means of communication. The original request must be sent simultaneously by mail.

2. The request for extradition arrest must contain the information specified in paragraph 1 of Article 7 of this Treaty and a guarantee that the extradition request will be submitted.

3. Upon receipt of such a request, the Requested Party must take the necessary measures to arrest the wanted person and immediately notify the Requesting Party of the results.

4. The arrested person may be released if the Requesting Party fails to provide the necessary documents specified in Article 7 of this Treaty within 30 (thirty) days from the date of arrest, provided that such release does not interfere with the consideration of the extradition request for the wanted person, if the request is subsequently received.

5. The time spent in custody for the purpose of extradition shall be counted towards the total term of execution of the sentence imposed by the court of the Requesting Party.

Article 11. Re-issuance

If the person named in the extradition request is returned to the Requested Party before the completion of criminal proceedings or the end of the term of serving a sentence in the Requesting Party, the person may be re-extradited if the Requesting Party receives a new extradition request for the same crime. In this case, the provision by the Requesting Party of the documents or materials specified in Article 7 of this Treaty is not required.

Article 12. Competing requests

1. If requests for the extradition of one person are received from two or more States, including the Requesting Party, the Requested Party must determine which State the person will be extradited to, notifying that State as well as the other Requesting Party of its decision.

2. When determining the State to which a person is to be extradited, the Requested Party must take into account all factors, including the following:

a) the nationality and place of residence of the wanted person;

b) whether the requests were made in accordance with an international agreement;

(d) Interests of the requesting States;

(e) The gravity of the crime committed;

(f) Nationality of the victim;

(g) The possibility of further extradition between requesting States;

h) the dates of receipt of requests.

Article 13. Face transfer

1. After making a decision on an extradition request, the requested Party shall immediately inform the Requesting Party of its decision.

2. The requested Party shall transfer the wanted person to the competent authorities of the Requesting Party in the territory of the Requested Party in a place acceptable to both Parties.

3. The requesting Party must remove the person from the territory of the Requested Party within a period of time to be determined by the Requested Party, and if the person is not removed within this period of time, the Requested Party may release the person from custody and refuse to extradite him for this crime.

4. If exceptional circumstances prevent the Requesting Party from removing the extradited person, the other Party shall be notified, in which case the conditions of paragraph 3 of this article shall not apply. In such a case, the Parties must mutually agree on a new date for the transfer of the person in accordance with this article.

Article 14. Transfer of ownership

1. If the extradition request is granted, all property found in the territory of the Requested Party, which was acquired by the extradited person as a result of a crime or may be required as material evidence, in accordance with the legislation of the Requested Party and taking into account the rights and interests of third parties, must be transferred upon request to the Requesting Party.

2. At the request of the Requesting Party, the aforementioned property must be transferred to it, even if extradition cannot be granted due to the death or escape of the wanted person.

3. If the property referred to in paragraph 1 of this Article is required for the investigation of a criminal case in the Requested Party, it may temporarily postpone its transfer until the end of the proceedings.

4. If the legislation of the Requested Party or the rights and interests of third parties require it, any transferred property must be returned free of charge to the Requested Party upon its request.

Article 15. Special rule

1. A person extradited under this Treaty may not be detained, charged or convicted in the Requesting Party for a crime other than;

(a) An offence for which extradition has been granted or an offence with a different name based on the same facts for which extradition has been granted;

(b) Crimes committed after extradition;

2. In order to implement paragraph 1 of this Article, the Requested Party may require the provision of the documents specified in Article 7 of this Treaty.

3. A person extradited under this Treaty may not be extradited to a third State for a crime committed prior to his extradition without the consent of the Requested Party.

4. Paragraphs 1 and 3 of this article shall not prevent the detention, accusation and conviction of an extradited person or the extradition of that person to a third State if:

a) the person leaves the territory of the Requesting Party after his extradition and returns voluntarily;

b) the person does not leave the territory of the Requesting Party within 30 (thirty) days from the date when he had the opportunity to leave it freely. This period does not include the time during which the extradited person could not leave the territory of the Requesting Party for reasons beyond his control.

Article 16. Notifications of results

The requesting Party is obliged to immediately inform the Requested Party of the results of the investigation of the criminal case or the enforcement of a court verdict against the extradited person, or of the transfer of the person to a third State.

Article 17. Transit

1. Within the limits permitted by the legislation of the Parties, transit transportation of a person extradited by a third State of one of the Parties through the territory of the other Party must be permitted upon written request sent directly through the central authorities of the Parties, through diplomatic channels or through Interpol channels.

The request must contain the data of the person to be transported in transit, including information about nationality and brief information about the circumstances of the case.

A transit request can be transmitted using technical means of communication. The original request must be sent simultaneously by mail.

2. The central authorities of the Parties shall coordinate the route and other conditions of transit transportation.

3. A transit permit is not required if it is carried out by air without a temporary landing on the territory of the transit State. If an unplanned landing has occurred on the territory of one of the Parties, it may require sending a transit request provided for in paragraph 1 of this Article.

4. The transit State shall hold the person being transported in custody until the transportation is resumed, provided that the transit request is received within 72 (seventy-two) hours after the unplanned landing.

Article 18. Expenses

1. The requested Party, in accordance with its legislation, shall bear the costs of all procedures in its jurisdiction arising in connection with extradition.

2. The requesting Party shall bear the costs of transporting a person from the territory of the Requested Party, including transit costs.

Article 19. Consultations

1. At the request of the central authority of one of the Parties, the central authorities may consult on the interpretation and application of this Agreement or the resolution of specific requests.

2. Disputes and disagreements that are not resolved through consultations and negotiations between the central authorities are regulated through diplomatic channels.

Article 20. Changes and additions

By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are integral parts of this Agreement, which are formalized in separate protocols and enter into force in accordance with paragraph 1 of Article 21 of this Agreement.

Article 21. Entry into force and termination of the Agreement

1. This Treaty is subject to ratification. This Treaty shall enter into force on the 60th (sixtieth) day after the date of receipt through diplomatic channels of the last written notification of its ratification.

2. This Treaty shall apply to a person who has committed an extraditable offence before its entry into force.

3. Either Party has the right to terminate this Agreement by sending a written notification to the other Party through diplomatic channels. This Agreement shall terminate upon the expiration of 6 (six) months from the date of receipt of such notification by the other Party.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Treaty.

Done in Hanoi on June 15, 2017, in two originals, each in the Kazakh, Vietnamese and English languages, all texts being equally authentic.

In case of disagreement in the interpretation of this Agreement, the English text shall prevail.

For the Republic of Kazakhstan

For the Socialist Republic of Vietnam

RCPI's note!

The text of the Agreement is attached in Vietnamese and English.

I confirm the authenticity of the text of the Extradition Treaty between the Republic of Kazakhstan and the Socialist Republic of Vietnam, signed in Hanoi on June 15, 2017 in Kazakh, Vietnamese and English with the text in Russian.

Head of the International Cooperation Department Prosecutor General's Office of the Republic of Kazakhstan

G. Koigeldiev

President

Republic of Kazakhstan

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