Concerns about assigning the Commune People's Committee to manage people banned from leaving their place of residence

Chairman of the Law and Justice Committee Hoang Thanh Tung said the majority agreed to assign the People's Committee at the commune level to manage people who are banned from leaving their place of residence. Photo: Quochoi.vn

On October 27, continuing the 10th Session, the National Assembly listened to Politburo member and Permanent Deputy Prime Minister Nguyen Hoa Binh briefly report on the draft Law on Temporary Detention, Temporary Imprisonment and Prohibition from Leaving Place of Residence.

Draft law regulating the organizational system and model of the management agency, enforcement of temporary detention, temporary imprisonment, and prohibition from leaving the place of residence ; enforcement of decisions prohibiting leaving the place of residence; complaints and denunciations in the management and enforcement of temporary detention, temporary imprisonment, and prohibition from leaving the place of residence;...

Thereby, the draft law focuses on basic contents such as expanding the scope of the law's regulation and adding regulations on implementing preventive measures to prohibit leaving the place of residence.

The draft law has added specific provisions on the order and procedures for implementing the measure of prohibiting leaving the place of residence; rights and obligations of people subject to the measure of prohibiting leaving the place of residence and other related contents.

Complete regulations to improve the effectiveness of management and supervision of detainees and prisoners.

The draft law has added a number of provisions such as transferring a person arrested under a wanted decision to the agency that issued the wanted decision, when there is an extradition decision from a competent authority; provisions on transferring detainees and people in temporary detention.

Permanent Deputy Prime Minister Nguyen Hoa Binh. Photo: Quochoi.vn

Presenting the review report of the draft law, Chairman of the Law and Justice Committee Hoang Thanh Tung said that expanding the scope of regulation compared to the current law to add provisions on the implementation of the measure of prohibiting leaving the place of residence is necessary to overcome difficulties and obstacles in the implementation of this measure in practice.

However, the Committee proposed to continue clarifying and adjusting some contents such as ensuring the rights of detainees and prisoners.

On the responsibility of the People's Committee at the commune level in managing and monitoring people subject to preventive measures of being prohibited from leaving their place of residence .

The majority of opinions in the Committee agreed to assign this task to the People's Committee at the commune level; the Chief of the Commune Police is directly responsible for assisting the People's Committee in managing and monitoring people subject to the preventive measure of not leaving their place of residence as prescribed in the draft law.

To clearly define the responsibilities of agencies, it is recommended to stipulate more specifically the tasks and powers of the People's Committee at the commune level and the Chief of the Commune Police in organizing implementation.

Some opinions suggested not assigning the People's Committee at the commune level the task of managing and monitoring people subject to the preventive measure of not leaving their place of residence, but only assigning the Chief of the Commune Police to perform this task to implement the policy of promoting decentralization and delegation of power; one task is only assigned to one agency to perform and take primary responsibility.

Regarding the rights and obligations of persons subject to the measure of prohibiting leaving the place of residence, based on the concept of residence under the current Law on Residence, there are opinions suggesting clarifying the provisions on prohibiting leaving the place of residence in Article 42 of the draft law as to which locality they are prohibited from leaving.

Regarding the settlement in cases where a person subject to the preventive measure of banning from leaving the place of residence changes his/her place of residence or place of work, the majority of opinions in the Committee proposed to amend the regulations to only apply in cases where a person on bail changes his/her place of residence, place of work, or place of study.

Laodong.vn

Source: https://laodong.vn/thoi-su/ban-khoan-khi-giao-ubnd-xa-quan-ly-nguoi-bi-cam-di-khoi-noi-cu-tru-1598737.ldo