Extradition is applied to people who commit crimes and are sentenced to imprisonment of 1 year or more.

The Extradition Law stipulates that a person who can be extradited is a person who has committed a crime for which Vietnamese law and foreign law prescribe a prison sentence of 1 year or more, life imprisonment or the death penalty, or has been sentenced to prison by a court of the country requesting extradition and has at least 6 months remaining to serve the prison sentence.

On the morning of November 25, at the 10th Session, the National Assembly passed the Extradition Law with 426/430 delegates voting in favor, equal to 89.87% of the total number of National Assembly delegates. The Extradition Law consists of 4 chapters and 45 articles, taking effect from July 1, 2026.

The Law stipulates the application of the principle of reciprocity in extradition; the Ministry of Public Security is the Central Authority of the Socialist Republic of Vietnam on extradition; cases that may be extradited...

Voting results to pass the Extradition Law. (Photo: DUY LINH)

Reporting on some major issues in explaining, accepting and revising the draft Extradition Law before the National Assembly voted, Chairman of the Law and Justice Committee Hoang Thanh Tung said that regarding cases that can be extradited (Article 7), there were opinions suggesting raising the minimum penalty threshold to 2 years in prison or more to ensure effective international judicial cooperation, avoid wasting administrative resources on small cases, and at the same time demonstrate a humane policy, only extraditing really serious acts that pose a danger to society.

According to the National Assembly Standing Committee, the provision "a person who can be extradited is a person who commits a crime for which Vietnamese law and foreign law prescribe a prison sentence of 1 year or more..." in Clause 1, Article 7 of the draft Law is a content inherited from the current Law on Judicial Assistance (Article 33), in accordance with international practices and commitments in extradition treaties that Vietnam has signed, to ensure the ability to cooperate flexibly and promptly in many cases and not limited to serious crimes.

In fact, the competent authority may consider the possibility of extradition for a person who commits a crime for which the law stipulates a prison sentence of 1 year but that person plays an important role in resolving the case. In addition, our State's humanitarian policy is guaranteed through a review mechanism in each specific case, not by setting additional criteria on the level of punishment.

Raising the prison threshold would make extradition impossible in low-sentence cases that still have clear international implications, reduce the effectiveness of international judicial cooperation, and fail to address the risk of human rights violations in individual cases.

Therefore, to ensure international compatibility, maintain effective cooperation in the fight against transnational crimes and ensure the consistency of the legal system, it is proposed that the National Assembly maintain the minimum penalty threshold of 1 year in prison as prescribed in the draft Law.

General Secretary To Lam, President Luong Cuong and National Assembly deputies attend the morning session on November 25. (Photo: DUY LINH)

Regarding conditional extradition (Article 13), there is a proposal to add to Clause 2, Article 13 the content of monitoring the implementation of foreign commitments after extradition; in case of violation, Vietnam has the right to request compensation or apply corresponding diplomatic measures.

Director Hoang Thanh Tung stated that the consideration, approval and implementation of certain extradition conditions are within the internal jurisdiction of each country. After the extradition is carried out, according to the principle of respecting the independence and sovereignty of other countries and not interfering in the internal affairs of other countries, Vietnam can only monitor and urge through diplomatic channels when necessary, but does not have the authority to apply sanctions against other countries.

Extradition activities are based on the principles of equality, respect for sovereignty and goodwill between countries, so setting up a control mechanism or sanctions against foreign countries can be considered as interference in internal affairs, affecting foreign relations, and giving rise to legal conflicts that are not in accordance with international practices. Therefore, it is proposed that the National Assembly not add this content to the draft Law.

Regarding the detention of people in emergency cases before an extradition request (Article 33), there are opinions that the detention of people in emergency cases is related to human rights and demonstrates Vietnam's responsibility in international cooperation, so it is necessary to have more specific regulations on competent authorities, mechanisms for delegation of authority and regulations on places of detention in emergency cases to ensure feasibility, and at the same time assign the Minister of Public Security to guide the content of the decision to detain people, the regime and management of detainees during the detention period at accommodation facilities.

In response to the opinions of National Assembly deputies, the National Assembly Standing Committee directed the addition of the above contents to Clauses 4, 5, 6, 7, 8 and 9, Article 33 of the draft Law.

VAN TOAN

Source: https://nhandan.vn/ap-dung-dan-do-voi-nguoi-co-hanh-vi-pham-toi-bi-phat-tu-tu-1-nam-tro-len-post925871.html