Complete 4 important draft laws to submit to the National Assembly for approval

Continuing the program of the 10th session of the 15th National Assembly, on the morning of October 27, the National Assembly listened to summaries of the reports on explanation, reception, revision and discussion in the hall about 4 drafts: Law on Extradition; Law on Transfer of Persons Serving Prison Sentences; Law on Mutual Legal Assistance in Criminal Matters; Law on Mutual Legal Assistance in Civil Matters.

National Assembly Chairman Tran Thanh Man and the Presidium. Photo: quochoi.vn

According to the Summary Report on some major issues in explaining, accepting and revising 4 draft laws, these are draft laws separated from the current Law on Judicial Assistance and were discussed and commented on by the National Assembly at the 9th session.

The content of explanation, acceptance and revision was commented on by the National Assembly Standing Committee at the August 2025 meeting and sent to the National Assembly delegations, the Nationalities Council and the National Assembly Committees for comments. The 4 draft laws, after being accepted and revised, closely followed the goals and viewpoints set out when drafting the draft laws, promptly institutionalizing the Party's policy on strengthening international cooperation on law and international integration in the situation...

Delegate Thach Phuoc Binh (Vinh Long delegation) speaks at the discussion. Photo: media.quochoi.vn

Discussing at the meeting, according to delegate Thach Phuoc Binh (Vinh Long delegation), regarding the principle of judicial assistance, the Draft has inherited the basic principles, but has not yet clearly stipulated the protection of personal data, privacy rights, personal rights, women and children according to the 2013 Constitution and Decree 13 of the Government...

From there, the delegate proposed to add an article with the content: "Judicial assistance activities in civil matters must ensure respect and protection of human rights, civil rights, privacy rights, protection of personal data, with special attention to protecting women, children, people with disabilities and other vulnerable groups".

Delegate Vu Huy Khanh (Ho Chi Minh City delegation) discussed. Photo: media.quochoi.vn

Regarding the authority to detain people in emergency cases, delegate Vu Huy Khanh (Ho Chi Minh City delegation) said that this is an issue related to human rights. In order to meet the requirement of not letting the subject escape and demonstrate Vietnam's responsible commitment in international treaties and in the international community, the delegate proposed a general and principled regulation on which agencies and groups of agencies have the authority to detain people in emergency cases.

Regarding the principle of mutual legal assistance in criminal matters, delegate Tran Thi Thu Hang (Lam Dong delegation) said that Article 5 of the draft has not yet recognized the principle of protecting human rights, the right not to be tortured, the right not to be treated inhumanely. Vietnam is a member of the United Nations Convention against Torture. In fact, many requests for international mutual assistance may be related to arresting people, extraditing people, taking statements, applying coercive measures abroad, that is, directly interfering with the body, physical freedom and statements of citizens or people residing in Vietnam.

Therefore, delegate Tran Thi Thu Hang proposed adding principles to Article 5 to stipulate in the direction of: Ensuring human rights, especially the right not to be tortured and ensuring humane treatment and respect for human dignity.

Delegate Nguyen Tam Hung (Ho Chi Minh City delegation) spoke at the discussion. Photo: PV

Meanwhile, according to delegate Nguyen Tam Hung (Ho Chi Minh City delegation), regarding the principle of extradition (Clause 2, Article 4), the Draft Law has stipulated basic principles such as respect for independence, sovereignty, non-interference in internal affairs, compliance with laws and international treaties. However, the delegate suggested that the Drafting Committee consider and supplement the principle of "ensuring human rights and civil rights". 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...

Chairman of the National Assembly's Committee on Law and Justice Hoang Thanh Tung, on behalf of the examining agency and the agencies drafting the four information laws, said that the National Assembly's consideration of promulgating these four laws is of great significance and this is also the right time for the National Assembly to promulgate them.

Regarding the Draft Law on Mutual Legal Assistance in Civil Matters, Mr. Hoang Thanh Tung said that the concept of "civil case" in a broad sense has been stipulated in the Civil Procedure Code. The draft does not specifically list competition, labor or family issues, because the concept of "civil case" in a broad sense includes all related issues as mentioned above, so the draft generally shows...

Chairman of the National Assembly's Committee on Law and Justice Hoang Thanh Tung presented a report on the reception and explanation of four draft laws at the meeting. Photo: media.quochoi.vn

Regarding the principles of judicial assistance in civil matters, delegates proposed to add the principles of protecting human rights, the rights of women and children, and the protection of personal information. Currently, all four draft laws have studied, absorbed, and generally regulated the principles of judicial assistance in each field, which are to ensure the principles of independence, sovereignty, unity, territorial integrity, the principles of protecting human rights and civil rights, as well as ensuring compliance with the provisions of the Constitution and relevant international treaties to which Vietnam is a member.

Mr. Tung said that the Constitution has very specific provisions on ensuring and protecting human rights and citizens' rights. Therefore, compliance with the Constitution has included all issues of protecting rights as proposed by the National Assembly delegates.

Particularly in the criminal field, this principle is also linked to the provisions of the Criminal Procedure Code. The way it is expressed in the draft law is a general provision, aiming to innovate the thinking of law-making and this will continue to be studied for acceptance if appropriate.

Concluding the discussion session, Vice Chairman of the National Assembly Nguyen Khac Dinh said that the National Assembly Standing Committee will closely coordinate with relevant agencies to direct continued research, absorb and fully explain the opinions of National Assembly deputies to continue to complete with the highest quality all four draft laws, and submit them to the National Assembly for consideration and voting at the end of this session.

Source: https://hanoimoi.vn/hoan-chinh-4-du-thao-luat-quan-trong-de-trinh-quoc-hoi-thong-qua-721130.html