Bac Ninh National Assembly Delegation collects opinions on 4 laws on judicial assistance

Bac Ninh National Assembly Delegation collects opinions on 4 laws on judicial assistance

The above 4 draft laws were separated from the Law on Mutual Legal Assistance (LLA) passed by the 12th National Assembly at the 2nd session on November 21, 2007, effective from July 1, 2008. Along with the new requirements arising from the international integration process, the requirements of legal improvement, judicial reform, and building a socialist rule-of-law state in Vietnam, after more than 16 years of implementation, the LLA has revealed limitations and inadequacies that need to be removed and resolved.

Delegates at the conference.

The Draft Law on Civil Judicial Assistance consists of 4 chapters and 36 articles; adds provisions on conditions for applying foreign law in cases where there is no international treaty or the international treaty does not provide for it; amends and supplements provisions on principles for implementing civil judicial assistance to suit the nature of regulating civil relations; stipulates costs for implementing civil judicial assistance; adds provisions that the Ministry of Justice is the Central Agency of Vietnam in civil judicial assistance.

The draft Law on Criminal Justice consists of 4 chapters and 39 articles. Along with inheriting the relevant provisions, the draft Law adds new mutual assistance contents; regulations on applicable cases and authority to decide to accept or reject requests for mutual assistance on the principle of reciprocity; regulations on the Supreme People's Procuracy as the Central agency of Vietnam in criminal justice; regulations on the implementation of criminal justice between Vietnam and countries sharing a common border; regulations on handling cases where foreign countries request the Vietnamese State to make a commitment not to apply the death penalty or not to execute the death penalty to implement Vietnam's request for mutual assistance...

The Draft Law on Transfer of Prisoners consists of 4 chapters and 45 articles. The purpose of promulgating the Law is to perfect the law on transfer of prisoners in a humane, comprehensive, specific, unified, and feasible manner, promoting international cooperation in the transfer of prisoners; helping to better ensure the human rights of prisoners; contributing to perfecting the legal basis for signing and implementing international treaties on the transfer of prisoners.

Delegates at the conference.

The Draft Extradition Law consists of 4 chapters and 45 articles. The purpose of developing the Extradition Law is to perfect the law on extradition in a synchronous, modern, strict, feasible and consistent manner with international law and practice; promote international cooperation on extradition, improve the effectiveness of arresting criminals who have fled abroad; protect the dignity of the law, the rights and legitimate interests of agencies, organizations and individuals as well as contribute to improving the effectiveness and efficiency and ensuring the goal of state management in the field of extradition; create a foundation for signing and implementing international treaties on extradition.

At the conference, the delegates expressed their high consensus on the necessity of issuing draft laws; the revised contents are very progressive and suitable for the current stage. At the same time, there were opinions suggesting adjusting some sentences, scope of adjustment, applicable articles and clauses to suit current regulations and the actual situation, especially in the upcoming process of restructuring the apparatus.

Through the consultations, Deputy Head of the Provincial National Assembly Delegation Tran Thi Van acknowledged the responsible contributions from the provincial departments, branches and sectors; affirmed that the Delegation will synthesize and report to the National Assembly Standing Committee, and at the same time reflect at the group discussion sessions as well as discussions at the Hall during the second session, 9th session, 15th National Assembly.

Source: https://cand.com.vn/Xa-hoi/doan-dai-bieu-quoc-hoi-bac-ninh-lay-y-kien-4-luat-ve-tuong-tro-tu-phap-i770569/