On October 23, continuing the 8th Session Program, at the National Assembly House, under the direction of Vice Chairman of the National Assembly Nguyen Khac Dinh, the National Assembly discussed in the hall a number of contents with different opinions of the draft Law on Juvenile Justice (NCTN). The delegates basically appreciated the quality of the Law project and agreed with the Report on reception and explanation of the Standing Committee of the National Assembly, however, requested to clarify specific articles and clauses to continue perfecting the draft Law, ensuring the requirements of progress, humanity, humanity, and friendliness in resolving cases related to juvenile offenders.
Moderating the discussion, Vice Chairman of the National Assembly Nguyen Khac Dinh said that at the 7th Session, the National Assembly discussed and gave opinions on the draft Law on Juvenile Justice. Immediately after the Session, the Standing Committee of the National Assembly directed the serious study and reception of the opinions of the National Assembly Deputies to revise and perfect the draft Law, organized a number of scientific seminars and many working sessions with the drafting agencies and relevant agencies, and consulted experts, scientists, and experienced officials in related fields to have more information and practical basis to serve the work of receiving, explaining, revising, and perfecting the draft Law.
The Standing Committee of the National Assembly discussed and commented on the reception and revision of this draft Law at the August 2024 Legal Session and organized a Conference of full-time National Assembly Deputies to discuss and comment on the draft Law, then finalized the draft Law, sent it to the National Assembly Delegations, National Assembly agencies and relevant agencies and organizations for comments to receive and complete the draft Law. The Government also provided written comments, basically agreed, made additional comments and they were received.
Vice Chairman of the National Assembly Nguyen Khac Dinh stated that on September 24, 2024, the Supreme People's Court sent a report to the Standing Committee of the National Assembly, basically agreeing with the explanation, acceptance, and revision of the draft Law on Juvenile Justice, and proposed revisions of some specific contents, which were accepted. On October 4, 2024, the Standing Committee of the National Assembly sent the Report on explanation, acceptance, and revision of the draft Law to the National Assembly Deputies. After accepting the opinions of the National Assembly Deputies, the draft Law on Juvenile Justice submitted to the National Assembly at this Session has 11 chapters and 176 articles, an increase of 3 articles and revisions of many specific articles and clauses compared to the draft Law submitted at the previous Session.
Through discussion, the delegates basically agreed with the content of the draft Law submitted at this Session and the Report on explanation, acceptance and revision of the Standing Committee of the National Assembly on the draft Law on Juvenile Justice. Many delegates contributed comments on the regulation of the Standing Agency assisting the National Council on Juvenile Justice in Article 28. Delegate Huynh Thanh Phuong - National Assembly Delegation of Tay Ninh province agreed that the Standing Agency assisting the National Council on Juvenile Justice is the Ministry of Public Security as stipulated in Clause 1, Article 28 of the draft Law. The delegate said that assigning the Ministry of Public Security to be the focal point in the management of juvenile justice is consistent with its functions and tasks. On the other hand, the initial reception and handling of information related to juveniles and the consideration and application of diversion measures (XLCH) at the early stage of the handling process are also carried out by the Public Security agency.
Sharing the same view, delegate Pham Van Hoa - National Assembly Delegation of Dong Thap province also agreed to assign the Ministry of Public Security as the Standing Agency to assist the National Council on Judicial Juvenile Justice. Concerned about the educational measures at reformatory schools (Article 52), delegate Pham Van Hoa agreed with the Report on explanation and acceptance of the Standing Committee of the National Assembly, and agreed with the provisions of the draft Law on converting the judicial educational measures at reformatory schools stipulated in Article 96 of the Penal Code into the measure of criminal justice. The delegate said that such provisions are very suitable for the current situation of our country.
The draft Law uses the phrase “an accomplice with an insignificant role in the case” many times, such as in Articles 38, 42, 43…, but does not clearly explain what “having an insignificant role in the case” means. Therefore, delegate Nguyen Minh Tam, Deputy Head of the Quang Binh Delegation, requested the Drafting Committee to consider and clearly explain this phrase to ensure strictness, objectivity, and fairness in applying diversionary measures.
Regarding some regulations for minors who are accomplices with an insignificant role in the case. Delegate Tam said that Clause 3, Article 38 of the draft Law stipulates that minors who are accomplices with an insignificant role in the case are one of the cases where diversion measures can be applied. However, in the draft Law, only (Article 41 regulating reprimand, Article 42 regulating apology to the victim and Article 52 regulating education at a reformatory school for special cases) stipulate diversion measures for this subject, while other diversion measures from Articles 43 to 51 do not stipulate.
The delegate suggested that the Drafting Committee study and consider adding provisions to apply some other diversionary measures to minors who are accomplices with an insignificant role in the case, such as Partial compensation for damages to the victim to ensure deterrence; Limiting travel hours to prevent; Performing community service work to educate ethics, lifestyle and participating in treatment or psychological counseling (if there are signs of psychological trauma)...
At the meeting, many opinions were also given on the issue of separating criminal cases involving juvenile offenders as stipulated in Article 140 of the draft Law. The delegates basically agreed with the separation of criminal cases involving juvenile offenders for settlement, however, they said that this is a big issue and there are still many different opinions. The opinions suggested that the time for separating cases should not be specifically stipulated in the Law and that it should be assigned to the central judiciary to stipulate in detail to cover cases in practice of settling cases. At the same time, it is necessary to be flexible, depending on each case, it is not necessary for every case to be separated, when it is considered that the criminal acts of the juvenile offender and related circumstances have been clarified, then the criminal case should be separated for settlement.
Explaining and clarifying a number of issues raised by National Assembly deputies, Chairwoman of the National Assembly's Judicial Committee Le Thi Nga said that the opinions expressed by the National Assembly deputies were very profound, comprehensively and specifically referring to the points, articles and clauses of the draft Law. Through discussions and agreements with the Chief Justice of the Supreme People's Court and the drafting agency, the Chairwoman of the Judicial Committee stated that the reviewing agency and the drafting agency will seriously absorb the opinions of the National Assembly deputies. After this session, the two agencies will coordinate with relevant agencies to carefully study the opinions of each National Assembly deputy to revise the draft Law and advise the National Assembly Standing Committee to report on the explanation and acceptance of the opinions of the National Assembly deputies, and submit it to the National Assembly before passing it at this session.
Concluding the discussion, Vice Chairman of the National Assembly Nguyen Khac Dinh said that in the lively and urgent discussion atmosphere, the National Assembly deputies spoke with great enthusiasm, frankness, and intelligence, focusing on key issues with a constructive spirit and high sense of responsibility. Through the comments, it can be seen that the National Assembly deputies highly appreciated the quality of the preparation documents and draft Law submitted to the National Assembly, and basically agreed with the Report on reception and explanation and the draft Law.
At the same time, the National Assembly deputies deeply analyzed and clarified many specific proposals to continue researching and adjusting some words, terms, clauses, and specific contents in the draft Law in order to continue perfecting the Draft Law to be more suitable, scientific, and feasible, ensuring the requirements of progress, humanity, and friendliness in resolving cases related to juvenile offenders, ensuring the best interests of juvenile offenders as affirmed in the Party's Resolutions and the 2013 Constitution, compatible with international treaties to which Vietnam is a member.
The Vice Chairman of the National Assembly stated that during the discussion of this Law project from the 7th Session to the present, many National Assembly deputies have stated that the National Assembly's consideration and approval of the Law on Juvenile Justice will not only be an outstanding achievement in the field of judicial reform in Vietnam but also a mark of the 15th National Assembly. The Standing Committee of the National Assembly will organize a full synthesis of discussion opinions and will direct agencies to thoroughly and carefully study the opinions of National Assembly deputies and National Assembly delegations to complete the draft Law, report to the Standing Committee of the National Assembly for consideration and discussion in the time between two sessions of the National Assembly to complete the draft Law with the best quality, submit to the National Assembly for consideration and approval.
![[Photo] Signing of cooperation between ministries, branches and localities of Vietnam and Senegal](https://vphoto.vietnam.vn/thumb/1200x675/vietnam/resource/IMAGE/2025/7/24/6147c654b0ae4f2793188e982e272651)
Comment (0)