On mutual legal assistance in criminal matters

14.11.2022

TREATY

between the Republic of Uzbekistan and the Socialist Republic of Viet Nam

The Republic of Uzbekistan and the Socialist Republic of Viet Nam (hereinafter referred to as the Parties),

Guided by generally recognized principles and norms of international law,

Desiring to enhance their cooperation to effectively combat crimes,

Recognizing the need for mutual legal assistance in criminal matters,

Have agreed as follows:

Article 1 Scope of assistance

1. The Parties shall, in accordance with the provisions of this Treaty and their respective domestic laws, provide each other the widest mutual assistance in investigation, prosecution, court proceedings and other judicial procedures related to criminal matters.

2. Such assistance may include:

a) serving documents;

b) summoning witness and expert;

c) taking and providing evidence, documents and other items related to criminal proceedings;

d) transferring criminal proceedings;

e) facilitating sentenced persons or other persons in the Requested Party to appear in the Requesting Party to assist in investigations or give evidence;

f) taking measures to trace, restrain, freeze, seize or confiscate proceeds and/or instrumentalities of crime;

g) exchanging information;

h) locating and identifying persons and items;

i) executing searches and seizures;

j) any other form of assistance consistent with the objects of this Treaty which does not contradict the law of the Requested Party.

3. This Treaty does not apply to:

a) extradition or arrest or detention of any person with a view to the extradition of that person;

b) enforcement in the Requested Party of criminal judgments imposed in the Requesting Party, except to the extent permitted by the law of the Requested Party and this Treaty;

c) transfer of sentenced persons to serve sentences.

Article 2 Central Authority

1. The Central Authorities on all issues of mutual legal assistance in criminal matters in accordance with this Treaty shall be:

for the Republic of Uzbekistan — Prosecutor Generalʼs Office of the Republic of Uzbekistan.

for the Socialist Republic of Viet Nam — Supreme Peopleʼs Procuracy of the Socialist Republic of Viet Nam.

2. Each Party shall inform the other of any change of its Central Authority provided in paragraph 1 of this Article.

3. The Central Authorities shall directly communicate with each other to implement this Treaty including via fax, e-mail and other means of prompt communication. When necessary, the Parties may communicate through the diplomatic channels.

Article 3 Form and content of request

1. The request for assistance shall include:

a) the name and address of the office by which the request is made;

b) the name and address of the office to which the request is sent;

c) the name of the person and, if available, his/her permanent residence or office address, the official name and address of an entity or organization or its head office to whom or which the request relates;

d) a description of the assistance sought, the purpose of the request, the nature and relevant facts of the case, the provisions of applicable law of the Requesting Party and punishment provided, the current status of the case and the time limit within which the request should be executed.

2. The request for assistance may include:

a) other information about the persons who are subjects of the case or who might have information sought, including the date and place of birth, citizenship, occupation, location and procedural status;

b) matters for which an interrogation seeks, a list of questions posed, and, in cases of a request for the obtaining of evidence, a description of documents, records or items of evidence rendered and, if necessary, a description and identity of the person who is required to render such documents, records or items of evidence;

c) the nature of tasks, a list of questions and requirements for the summoned witness or expert;

d) in case of a request for tracing, searching, seizing, restraining, freezing or confiscating of proceeds, items and instrumentalities of crime, a description of searched property and premises, the grounds to believe that the proceeds, items and instrumentalities of crime exist in the Requested Party and possibly under the jurisdiction of the Requesting Party in connection to enforcement of orders and/or judgments to which the request relates;

e) measures applicable to the request that would likely result in identifying or seizing proceeds, items and instrumentalities of crime;

f) information on the amount of damage caused by crime, if any;

g) requirements or procedures that the Requesting Party wishes to be followed to facilitate the execution of the request, including forms or manners in which information, evidence, documents or items are to be provided;

h) the degree of confidentiality required and the reasons thereof;

i) the purpose, intended date and schedule of the trip if competent officer(s) of the Requesting Party wishes to travel to the territory of the Requested Party for the purpose of presence during the execution of the request in accordance with the law of the Requested Party;

j) the judgments or orders and other documents, items or information necessary for the execution of the request.

3. If the Requested Party considers that the information contained in the request is not sufficient to enable the request to be dealt with under this Treaty, it shall request additional information in writing and set a reasonable date on which such additional information to be received.

4. The request shall be made in writing. However, in urgent cases and with the consent of the Requested Party, it may be made in another form but shall be promptly confirmed in writing thereafter.

5. The request and its supporting documents shall be in the language of the Requesting Party and accompanied by a translation into the language of the Requested Party or into the English or Russian languages.

Article 4 Refusal or postponement of assistance

1. Assistance shall be refused under this Treaty in any of the following circumstances:

a) the request is inconsistent with an international agreement of which the Requested Party is the member or the law of the Requested Party;

b) the execution of the request would impair sovereignty, national security, public order or other essential interests of the Requested Party;

c) the request relates to the prosecution of a person for an offense in respect of which the offender has been finally convicted, acquitted or pardoned in the Requested Party;

d) the request relates to an offense that could be no longer prosecuted by reason of lapse of time under the law of the Requested Party;

e) the request relates to an act or omission that does not constitute an offence under the law of the Requested Party.

2. Assistance may be postponed by the Requested Party if the execution of the request would interfere with an ongoing investigation, prosecution, court proceedings or enforcement of judgment in the territory of the Requested Party.

3. Before refusing a request or postponing its execution under this Article, the Requested Party shall:

a) promptly inform the Requesting Party of reason(s) for any refusal or postponement; and

b) consult with the Requesting Party of whether assistance may be provided subject to certain conditions as the Requested Party deems necessary.

4. If the Requesting Party accepts assistance subject to the conditions in paragraph 3 .b of this Article, it shall comply with them.

Article 5 Execution of request

1. The Requested Party shall promptly execute the request in accordance with its law, and in so far as it is not inconsistent with its law, in the manner requested by the Requesting Party.

2. Upon request of the Requesting Party, the Requested Party shall inform the Requesting Party of the date and place of the execution of the request for assistance.

3. The Requested Party shall promptly inform the Requesting Party of circumstances which are likely to cause a delay in executing the request.

4. The Central Authority of the Requested Party shall promptly inform the Central Authority of the Requesting Party of results of assistance.

Article 6 Service of documents

1. The Requested Party shall, in so far as its law permits, promptly execute the request of serving documents.

2. A request for serving a document requiring the attendance of a person shall be sent to the Requested Party not less than ninety (90) days before the date on which the attendance is required in the Requesting Party. In urgent cases, the Requested Party may waive this requirement.

3. The Requested Party shall send to the Requesting Party proof of service of the document. If service cannot be effected, the Requesting Party shall be informed of the reason(s).

Article 7 Provision of documents and information

1. The Requested Party shall provide copies of documents, records or information related to mutual legal assistance in criminal matters, except in cases the Requesting Party requires the originals.

2. The Requested Party shall provide the copy of any document, record or information in the same manner and condition as provided to its competent authorities.

3. The Requesting Party shall, upon request of the Requested Party, return the documents, records, as well as materials provided under this Treaty when they are no longer necessary to the criminal matters specified in the request.

Article 8 Search and seizure

The Requested Party shall, in so far as its law permits, execute the request to carry out search or seizure of documents, records or items of evidence in criminal cases for transmission to the Requesting Party. In this circumstance, the rights of bona fide third parties shall be respected and protected.

Article 9 Taking evidence and obtaining statements in the Requested Party

1. The Requested Party shall, upon request and in consistent with its law, obtain testimonies or statements of persons or require them to provide documents, records or items of evidence for the transmission to the Requesting Party.

2. A person who is called upon to give evidence in the Requested Party under this Article may decline to give evidence where either:

a) the law of the Requested Party permits or requires that person to decline to give evidence in similar circumstances in procedures commencing in the Requested Party; or

b) the law of the Requesting Party permits or requires that person to decline to give evidence in similar circumstances in procedures commencing in the Requesting Party.

3. If any person in the Requested Party claims that there is a right or obligation to decline to give evidence under the law of the Requesting Party, the Central Authority of the Requesting Party shall, upon request, provide a formal certification of that right or obligation to the Central Authority of the Requested Party as to the existence of that right or obligation.

4. By mutual agreement of the Parties, video-conferencing may be used for the purpose of obtaining of evidence.

Article 10 Appearance in the Requesting Party

1. Upon the request of the Requesting Party, containing necessary assurances for the personʼs safety, the Requested Party shall invite a person to assist in investigations or give evidence in the Requesting Party.

2. Invited person shall be informed of expenses or allowances payable in the Requesting Party.

3. The Requested Party shall inform the Requesting Party of the personʼs response.

Article 11 Temporary transfer of sentenced persons to appear in the Requesting Party

1. A sentenced person in the Requested Party may be, upon the request of the Requesting Party, temporarily transferred to assist in investigations or give evidence in the Requesting Party.

2. The Requested Party shall only transfer the sentenced person to the Requesting Party if:

a) that person consents to the transfer to assist in investigations or give evidence; and

b) the Requesting Party agrees to comply with specific conditions required by the Requested Party concerning the custody and safety of the transferred person.

3. Where the Requested Party informs the Requesting Party that the transferred person is no longer required to be held in custody, that person shall be set at liberty and be treated as the person provided in Article 10.

4. The transferred person under this Article shall be returned to the Requested Party in the manner the Parties have arranged before his/her transfer to the Requesting Party or at such earlier time as the personʼs presence is no longer required. The period during which such person was transferred and under custody in the Requesting Party shall count towards the period of his/her imprisonment.

Article 12 Safe conduct

1. The person present in the Requesting Party under the request subject to articles 10 and 11 of this Treaty:

a) shall not be detained, prosecuted or punished in the Requesting Party, not also subjected to any civil suit if such civil suit cannot be commenced without the personʼs presence in the Requesting Party, in respect of any act or omission of the person that is alleged to have occurred before the personʼs departure from the Requested Party;

b) shall not, without that personʼs consent, give evidence in any criminal procedure or assist in any investigation other than the criminal matters in respect to which the request is made.

2. The paragraph 1 of this Article shall cease to apply if that person, being free to leave, has not left the Requesting Party within a period of fifteen (15) consecutive days after that person has been officially notified that his/her presence is no longer required or, having left, has voluntarily returned.

3. The person who does not consent to assist in investigations or give evidence under Article 10 or Article 11 of this Treaty shall not be liable to any penalty or be subjected to any coercive measure in the Requesting Party or in the Requested Party.

4. The person who consents to assist in investigations or give evidence under Article 10 or Article 11 of this Treaty shall not be prosecuted for that personʼs statement, except that he/she makes false statements.

Article 13 Proceeds and instrumentalities of crime

1. The Requested Party shall, upon request, take measures to ascertain whether proceeds and/or instrumentalities of the alleged crime are located in its territory and shall notify the Requesting Party of the results.

2. Where proceeds and/or instrumentalities of crime are found, the Requested Party shall take measures as permitted by its law to control or confiscate such proceeds and/or instrumentalities of crime. The Requested Party may, to the extent permitted by its law, return the proceeds and/or instrumentalities of crime to the Requesting Party. The return of such proceeds and/or instrumentalities of crime shall only be executed when there is a final determination made by a court or another competent authority of the Requesting Party.

3. In the application of this Article, the rights of relevant bona fide third parties shall be respected and protected under the law of the Requested Party.

4. For the purpose of this Treaty, “proceeds of crime” shall mean any items or assets derived from or obtained, directly or indirectly, through the commission of an offence; and “instrumentalities of crime” shall mean any property that has been used, being used or intended to be used in the commission of an offence.

Article 14 Location or identification of persons or items

If the Requesting Party seeks the location or identity of persons or requests to provide information about items in the Requested Party, the Requested Party shall, in so far as its law permits, take all necessary measures to execute the request.

Article 15 Protection of confidentiality and limitation on use of information

1. The Requested Party may request to keep confidential the information or evidence provided or sources of such information or evidence. The disclosure or use must be consistent with conditions required.

2. The Requesting Party may request to keep confidential the content of the request for assistance and its supporting documents. If the request cannot be executed without breaching confidentiality, the Requested Party shall so inform the Requesting Party before the request is executed. The Requesting Party shall then determine whether the request should be nevertheless wholly or partly executed.

3. The Requesting Party shall ensure that information or evidence obtained must be protected against loss, unlawful access, modification and disclosure or misuse.

4. Without prior written consent of the Requested Party, the Requesting Party shall not use or disclose information or evidence obtained under this Treaty for any purpose other than specified in the request.

Article 16 Transfer of criminal proceedings

1. Either Party may lay information before the other Party relating to facts that could constitute criminal offences falling within the latterʼs jurisdiction so that it can initiate criminal proceedings in its territory.

2. The Requested Party shall notify the Requesting Party of any action taken, and where applicable, the outcome of the criminal proceedings conducted on the basis of such information. A copy of the final decision shall be transmitted upon the request of the Requesting Party.

Article 17 Certification and authentication

1. Within the framework of this Treaty, the request, documents in support thereof, and the documents or materials furnished in response to the request, shall not require any form of certification or authentication.

2. Where, in a particular case, the Requested Party or the Requesting Party requests that documents or materials be authenticated, the documents or materials shall be duly authenticated as provided in paragraph 3 of this Article.

3. Documents or materials shall be regarded as duly authenticated for the purposes of this Treaty if they are signed by an official of a competent authority and are sealed with an official seal of that authority under the law of the sending Party.

Article 18 Representation and expenses

1. Unless otherwise provided in this Treaty, the Requested Party shall represent the interests of the Requesting Party during the execution of the request.

2. The Requested Party shall meet the cost of fulfilling the request for assistance except that the Requesting Party, unless otherwise agreed by the Parties, shall bear:

a) the expenses associated with conveying any person to or from the territory of the Requested Party and any allowances, expenses payable to that person whilst in the Requesting Party pursuant to a request under Article 10 and Article 11 of this Treaty;

b) the expenses associated with conveying custodial and escorting officers;

c) the expenses associated with expert;

d) the expenses associated with interpreting, translating and transcription of documents and obtaining evidence via video-conferencing or other electronic means;

e) the expenses associated with recovery of proceeds of crime;

f) the expenses of an extraordinary nature arising during the execution of the request as the Requested Party requires.

Article 19 Compatibility with other international arrangements

This Treaty shall not prevent one Party from providing legal assistance to the other pursuant to other international treaties or agreements to which they are a party.

Article 20 Consultation

The Parties shall consult each other, at times mutually agreed to by them, to promote the most effective implementation of this Treaty. The Parties may also agree on such practical measures as may be necessary to facilitate the implementation of this Treaty.

Article 21 Settlement of disputes

Any dispute arising from the interpretation or application of this Treaty shall be settled by consultation between the Parties.

Article 22 Amendments

By mutual consent of the Parties, amendments may be made to this Treaty in the form of separate protocols, being an integral part of this Treaty, entering into force in accordance with the procedure prescribed by this Treaty.

Article 23 Entry into force and termination

1. This Treaty:

a) shall be ratified and enter into force on the thirtieth (30th) day after the day on which the final notification of fulfilling the domestic legal procedures to ratify the Treaty has been received through diplomatic channels;

b) shall apply to requests made after its entry into force, even if the relevant acts or omissions occurred prior to that date.

2. Each Party may terminate this Treaty by giving a written notification to the other Party. Such termination takes effect six (6) months following the date on which it is received by the other Party.

3. Where being terminated, this Treaty shall nevertheless take effect to requests made prior to the day of termination.

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

Done at Ha Noi on the 14th day of November, 2022, in duplicate, each in the Uzbek, Vietnamese and English languages, all texts being equally authentic. In case of any divergence of interpretation or application, the English text shall prevail.

(signatures)