Vietnam’s citizen protection abroad

According to Assoc. Prof. Dr. Ngo Huu Phuoc, Vice Dean of the Faculty of Economic Law at the University of Economics and Law (VNU-HCM), Vietnam and the U.S. have not signed any mutual legal assistance or extradition treaty. However, both countries may still cooperate under the principle of reciprocity, as recognized in Vietnam’s 2007 Law on Mutual Legal Assistance. In such cases, the Ministry of Foreign Affairs coordinates with other authorities to decide whether this principle should apply.

For individuals with dual citizenship (Vietnamese and U.S.) like Mr. Bao, if they reside in the U.S., they are legally considered U.S. citizens. They must comply with U.S. law and, if in violation, face U.S. legal responsibility. Vietnam cannot intervene to “exempt” them from liability. Nonetheless, Vietnam can still provide consular protection if its citizens are discriminated against, mistreated, or in need of legal support, ensuring they are treated fairly under U.S. law.

As for extradition, both Vietnam and the U.S. follow the rule of not extraditing their own citizens. Therefore, a request by Vietnam to extradite a U.S. citizen, even one with dual nationality, would be infeasible. The protection mechanism in such cases is limited to safeguarding lawful rights and ensuring fair treatment, not removing criminal responsibility abroad.