The extradition of internationally-wanted former board chairman of PetroVietnam Construction JSC Trinh Xuan Thanh to Vietnam could still be carried out even though he fled to a country which does not sign any judicial assistance agreement with Vietnam.

The Ministry of Public Security said that they have issued an international wanted notice for Trinh Xuan Thanh, the former board chairman of PetroVietnam Construction JSC (PVC), following the arrest of the firm's four other senior executives.

Thanh was said to have fled to Germany which Vietnam currently does not have a judicial assistance agreement with. So, the public has raised concerns that whether the extradition of Thanh to Vietnam would meet difficulties.

Major General Tran The Quan, deputy chief of the Ministry of Public Security's Department of Legal and Administrative Reform, spoke to DTiNews about the issue.

Former Chairman of PVC Trinh Xuan Thanh

How will Interpol help in the arrest Trinh Xuan Thanh?

The Ministry of Public Security will inform Interpol of the international warrant against Thanh and Interpol will verify and then publish the wanted notice on its website. Countries which are Interpol members will be responsible for co-operating with Vietnamese agencies in the arrest of Thanh.

How about the Interpol work in a case where there isn’t a judicial assistance agreement with Vietnam like Germany, for example?

In this case, the criminal extradition would be more difficult than from a country which we have signed an extradition agreement. However, this could be still implemented based on the bilateral diplomatic relations. Vietnam would have specific negotiations with the foreign country where Thanh fled to for the extradition to suit both Vietnamese and international laws.

However, the extradition has its own principles, depending on the laws of different countries. For instance, European countries don’t agree to the extradition of a criminal to his nation where they would be sentenced to death.

Many countries also refuse extradition when this could affect their national interests or their relationship with a third country.

But as Thanh is only being charged with serious economic management violations and the sentence for this would not be very serious. This is a favourable factor for the extradition.

In case, Thanh was arrested in Germany, the extradition would have to depend on the negotiations between the two governments. Germany would have specific conditions for this.

Extradition procedures are very complicated, so to date, Vietnam and foreign countries, especially regional countries, often just co-operate in handing over criminals. In reality, it is extradition, but in some ways, the procedures are simpler.

Do European countries prioritise the extradition of criminals charged with corruption?

After being extradited into the home country, a criminal would be investigated and prosecuted for other violations. Therefore, European countries would consider this possibility.