Consider adding the principle of give and take

Discussing at the Hall about the draft Law on Judicial Assistance in Civil Matters, there were opinions suggesting adding the principle of reciprocity to create conditions for countries that have not signed international treaties with each other to still be able to cooperate in various fields.

Respect and protect human rights and civil rights.

According to National Assembly Deputy Thach Phuoc Binh ( Vinh Long ), the draft Law on Mutual Legal Assistance in Civil Matters has inherited the basic principle of mutual legal assistance but lacks clear regulations on the protection of personal data, privacy rights, personal rights, women's rights, and children's rights as stipulated in the 2013 Constitution and Government Decree No. 13/2023/ND-CP on the protection of personal data.

National Assembly Deputy Thach Phuoc Binh (Vinh Long) delivers a speech. Photo: Ho Long

Delegates argued that mutual legal assistance in civil matters often involves personal information such as civil registration, property, and inheritance, and the lack of such regulations could easily lead to human rights violations. European countries, Japan, and South Korea all consider this a mandatory principle.

Therefore, delegate Thach Phuoc Binh proposed adding a provision that mutual legal assistance in civil matters must ensure, respect, and protect human rights, civil rights, privacy rights, and personal data, with particular emphasis on protecting women, children, people with disabilities, and other vulnerable groups.

Also related to the principle of mutual legal assistance, National Assembly Deputy Nguyen Minh Tam ( Quang Tri ) suggested considering adding the principle of "reciprocity".

According to the delegates, the principle of reciprocity was previously enshrined in Clause 2, Article 4 of the 2007 Law on Mutual Legal Assistance. The draft law does not include this principle, while the principle of "reciprocity" is a fundamental and important principle in international relations, recognized by the majority of countries worldwide , and enshrined in many current international treaties.

"This principle also ensures that countries that have not signed international treaties with each other can still cooperate in various fields, based on reciprocity," the delegate noted.

National Assembly Deputy Nguyen Minh Tam (Quang Tri) delivers a speech. Photo: Ho Long

In the Report explaining, receiving feedback, and revising the draft Law on Mutual Legal Assistance in Civil Matters, it is stated that the draft Law does not directly stipulate the principle of reciprocity in mutual legal assistance in civil matters, but takes a flexible approach by adding a provision: a request for mutual legal assistance in civil matters from a foreign country may be refused if there are grounds to believe that the foreign party will not cooperate in fulfilling Vietnam's request for mutual legal assistance in civil matters (point a, Clause 2, Article 27).

The aforementioned regulations provide a legal basis for competent Vietnamese authorities to consider and decide on each specific case regarding the flexible application of the "reciprocity" principle in providing mutual legal assistance in civil matters with foreign countries, maximizing the protection of the legitimate rights and interests of Vietnamese agencies, organizations, and individuals, and promoting international cooperation in this field.

However, Representative Nguyen Minh Tam argued that the principle of "reciprocity" in Article 5 of the draft Law still needs to be codified into law, only then will there be a basis for applying point a, clause 2, Article 27 of the draft Law.

Every year, the Government reports to the National Assembly on the results of mutual legal assistance in civil matters.

Regarding the monitoring and post-audit mechanisms, Representative Thach Phuoc Binh argued that the draft Law does not stipulate independent monitoring and periodic reporting, leading to fragmented monitoring and difficulty in evaluating effectiveness.

Therefore, delegates proposed adding the following content: The Ministry of Justice is responsible for preparing an annual report on civil judicial assistance activities and submitting it to the Committee on Law and Justice before March 31st of each year. The Committee on Law and Justice will organize thematic supervision every two years. The State Audit Office and the Government Inspectorate will conduct audits and inspections of financial management and the effectiveness of civil judicial assistance.

The delegates emphasized that the above proposals stem from the practical implementation of the 2007 Law on Mutual Legal Assistance and Vietnam's experience in international cooperation. If adopted and institutionalized in this law, it will help create a modern, comprehensive, and feasible legal framework, contributing to improving the effectiveness of protecting the legitimate rights and interests of Vietnamese citizens abroad as well as foreigners in Vietnam.

Chairman of the Committee on Law and Justice Hoang Thanh Tung presented a summary of the reports explaining, receiving feedback, and revising the four draft laws: the Law on Extradition; the Law on Transfer of Persons Serving Prison Sentences; the Law on Mutual Legal Assistance in Criminal Matters; and the Law on Mutual Legal Assistance in Civil Matters. Photo: Pham Thang

At the National Assembly session, the Chairman of the Committee on Law and Justice, Hoang Thanh Tung, stated that all four draft laws—the Law on Extradition, the Law on Transfer of Persons Serving Prison Sentences, the Law on Mutual Legal Assistance in Criminal Matters, and the Law on Mutual Legal Assistance in Civil Matters—have studied, incorporated, and broadly stipulated the principles of mutual legal assistance in each field. These principles include ensuring the principles of independence, sovereignty, unity, and territorial integrity; protecting human rights and civil rights; and ensuring compliance with the Constitution and relevant international treaties to which Vietnam is a signatory.

Emphasizing that, in accordance with the Constitution, which clearly stipulates the guarantee and protection of human rights and civil rights, the Chairman of the Committee on Law and Justice stated that the way the draft Law is expressed already encompasses "guaranteeing, respecting, and protecting human rights and civil rights…". The draft Law only provides general provisions, not overly detailed ones, aiming to innovate the thinking in lawmaking.

Regarding the principle of reciprocity, the Chairman of the Committee on Law and Justice affirmed that this provision would be studied and incorporated. He clarified that the principle of reciprocity will still apply in the field of civil judicial assistance, but it will not be stipulated separately; instead, it will be integrated into Clause 2, Article 27 of the draft Law.

"We will coordinate with the Ministry of Justice to further study this issue. If necessary, there will be separate regulations on applying the principle of reciprocity, ensuring consistency with other draft laws," the Chairman of the Committee on Law and Justice emphasized.

Regarding the monitoring and post-audit mechanism, the Chairman of the Committee on Law and Justice clarified that Article 15 of the draft Law stipulates that the Government must report annually to the National Assembly on the results of judicial assistance in civil matters. However, the draft Law has introduced an innovation: instead of requiring a separate report, it is integrated into socio-economic reports or work reports submitted to the National Assembly. For example, extradition will be reported in the Report on Crime Prevention and Control; the transfer of persons serving prison sentences will be reported in the Report on Enforcement of Sentences.

Source: https://daibieunhandan.vn/can-nhac-bo-sung-nguyen-tac-co-di-co-lai-10393161.html