National Assembly Delegate Nguyen Tam Hung (Ho Chi Minh City): Supplementing the responsibility of post-extradition supervision of competent authorities

Discussing in the Hall this morning, October 27, National Assembly Deputy Nguyen Tam Hung (Ho Chi Minh City) proposed to consider and add principles to ensure human rights and citizen rights in the draft Extradition Law; add post-extradition responsibilities of competent authorities...

Emphasizing that the promulgation of the Extradition Law is an important step in the process of perfecting the legal system on international judicial cooperation, National Assembly Deputy Nguyen Tam Hung (Ho Chi Minh City) said: For the first time, extradition activities are regulated by an independent, systematic law, instead of just a chapter in the Law on Judicial Assistance. This not only ensures national legal sovereignty but also affirms Vietnam's international responsibility and capacity to internalize international commitments.

National Assembly Delegate Nguyen Tam Hung ( Ho Chi Minh City) speaks at the discussion hall. Photo: Ho Long

Regarding the principle of extradition (Clause 2, Article 4), the draft law stipulates basic principles such as: respect for independence, sovereignty, non-interference in internal affairs, compliance with laws and international treaties, but the delegate suggested that the Drafting Committee consider adding the principle of "ensuring human rights and civil rights". According to the delegate, this is not only a political and legal requirement but also an international standard that Vietnam is implementing according to the 2013 Constitution and the Convention against Torture (CAT).

“The humanitarian principle needs to be enshrined in the Extradition Law to affirm that Vietnam's international judicial cooperation is conditional, limited, and people-centered,” the delegate emphasized.

Regarding cases that can be extradited (Clause 1, Article 7), the draft stipulates extradition for crimes with a prison sentence of 1 year or more. The delegate believes that this quantitative level is too low, easily leading to expanding the scope of extradition even for less serious acts. Accordingly, the delegate suggested that the Drafting Committee consider raising the minimum penalty threshold to 2 years or more in prison, in line with the practices of many countries such as Japan, Korea, and Singapore. "This both ensures effective judicial cooperation and avoids wasting administrative resources on small cases, while demonstrating a humane policy - only extraditing acts that are truly dangerous to society," the delegate emphasized.

Regarding the guarantee of the “specificity” principle in extradition (Clause 1, Article 15), delegate Nguyen Tam Hung agreed with the regulation that the extradited person shall not be prosecuted for any crime other than the crime for which extradition is requested, but suggested considering adding the responsibility for post-extradition supervision of the competent Vietnamese authority, specifically the Ministry of Public Security. The delegate said that the responsibility for periodically monitoring and reporting on the implementation of the commitment not to prosecute other crimes by the receiving country should be clearly defined, in order to protect citizens and ensure transparency in judicial cooperation.

Regarding cases of refusal of extradition (Clause 1, Article 41), the delegate said that the current regulations already cover reasonable grounds for refusal such as protecting Vietnamese citizens and preventing inhumane treatment, but suggested that the Drafting Committee consider adding the basis of "special health condition or serious illness" of the person requested for extradition, to demonstrate humanitarian policy, while also being consistent with the United Nations' practices on human rights in extradition and asylum.

Source: https://daibieunhandan.vn/dbqh-nguyen-tam-hung-tp-ho-chi-minh-bo-sung-trach-nhiem-giam-sat-sau-dan-do-cua-co-quan-co-tham-quyen-10393163.html