The National Assembly passed the Extradition Law.

On the morning of November 26th, under the chairmanship of Deputy Speaker of the National Assembly Nguyen Khac Dinh, the National Assembly voted to pass the Extradition Law, with 426 out of 430 participating deputies voting in favor, achieving 99%.

Deputy Speaker of the National Assembly Nguyen Khac Dinh presides over the session. Photo: Pham Thang

Extradition is conducted on the principle of reciprocity.

Accordingly, the Extradition Law comprises 4 Chapters and 45 Articles, stipulating the principles, authority, conditions, procedures, and processes for extradition between Vietnam and foreign countries; and the responsibilities of Vietnamese state agencies in extradition.

The law applies to Vietnamese agencies, organizations, and individuals, as well as foreign agencies, organizations, and individuals involved in extradition between Vietnam and foreign countries.

Extradition is carried out on the basis of the following principles: respect for independence, sovereignty , territorial integrity, non-interference in each other's internal affairs, equality, and mutual benefit; in accordance with the Constitution and laws of Vietnam and international treaties to which the Socialist Republic of Vietnam is a party.

Deputy Speaker of the National Assembly Nguyen Khac Dinh presides over the session. Photo: Pham Thang

In cases where Vietnam and a foreign country are not both signatories to an international extradition treaty, extradition shall be carried out on the principle of reciprocity, but without violating Vietnamese law, in accordance with international law and international custom.

The Ministry of Public Security is the central agency of the Socialist Republic of Vietnam responsible for extradition.

Extradition may be permitted in the following cases: individuals who have committed crimes punishable by imprisonment of one year or more, life imprisonment, or the death penalty under Vietnamese and foreign law; or individuals who have been sentenced to imprisonment by a court in the requesting country and have at least six months remaining on their sentence.

The National Assembly votes to pass the Extradition Law. Photo: Ho Long

The criminal conduct of the person specified in Clause 1 of this Article does not necessarily have to belong to the same group of crimes or the same crime, and the elements constituting the crime do not necessarily have to be completely identical according to Vietnamese law and foreign law.

In cases where a foreign country requests extradition involving a person with multiple offenses, each constituting a separate crime under Vietnamese and foreign law, and at least one offense meets the conditions stipulated in Clause 1 of this Article, Vietnam may agree to extradite that person. If Vietnam is the requesting country, the Ministry of Public Security shall request the competent foreign authority to agree to extradition in similar cases.

If the criminal act of the person specified in Clause 1 of this Article occurs outside the territory of Vietnam, extradition of that person may be carried out if Vietnamese law stipulates that the act constitutes a criminal offense.

The National Assembly votes to pass the Extradition Law. Photo: Quang Khánh

In addition, the Law also stipulates the form and method of transferring extradition request files; the language used in extradition; the responsibilities of state agencies regarding extradition, etc.

Ensuring effective international cooperation, combating transnational crime, and protecting sovereignty.

Earlier, presenting the Report on some major issues in explaining, receiving, and revising the draft Extradition Law, the Chairman of the Committee on Law and Justice, Hoang Thanh Tung, stated that regarding the cases that may be subject to extradition (Article 7), there were suggestions to raise the minimum penalty threshold to 2 years imprisonment or more.

Chairman of the Committee on Law and Justice Hoang Thanh Tung presents the Report on some major issues in explaining, receiving feedback, and revising the draft Extradition Law. Photo: Pham Thang.

The Standing Committee of the National Assembly believes that the provision "individuals who may be extradited are those who have committed crimes for which Vietnamese law and foreign law prescribe a prison sentence of one year or more" should remain unchanged. This aims to ensure effective international cooperation, prevent and combat transnational crime, and protect national sovereignty.

Regarding conditional extradition (Article 13), there is a suggestion to add a provision concerning Vietnam's ability to refuse extradition requests in the event of serious human rights violations.

The Standing Committee of the National Assembly affirmed that Vietnam can only extradite a country if the requesting country commits to guaranteeing Vietnam's rights, respecting its sovereignty, and not interfering in its internal affairs. The Standing Committee of the National Assembly agreed to add this content to the draft Law.

Chairman of the Committee on Law and Justice Hoang Thanh Tung presents the Report on some major issues in explaining, receiving feedback, and revising the draft Extradition Law. Photo: Pham Thang.

Regarding the detention of individuals in emergency situations prior to extradition requests (Article 33), some argue that the detention of individuals in emergency situations should be linked to Vietnam's responsibilities in international cooperation and that specific regulations should be established regarding the competent authorities.

The Standing Committee of the National Assembly has incorporated and supplemented the provisions regarding the authority of the Public Security Agency and the Border Guard.

Source: https://daibieunhandan.vn/quoc-hoi-thong-qua-luat-dan-do-10397156.html