Specific regulations on voluntary contributions and financial support for the transfer of people serving prison sentences

Continuing the session program, on the morning of October 27, the National Assembly listened to reports explaining, receiving, revising and discussing in the hall about 4 drafts in the field of judicial assistance, including: Extradition Law; Law on Transfer of Persons Serving Prison Sentences; Law on Judicial Assistance in Criminal Matters; Law on Judicial Assistance in Civil Matters.

Vice Chairman of the National Assembly Nguyen Khac Dinh speaks. Photo: Doan Tan/VNA

Briefly presenting the Reports on explanation, acceptance and revision of the four draft laws, Chairman of the Committee on Law and Justice Hoang Thanh Tung said that these are four draft laws separated from the current Law on Judicial Assistance and have been discussed and commented on by the National Assembly at the 9th Session...

After being received and revised, the four draft laws closely followed the objectives and viewpoints set out when drafting the draft laws, promptly institutionalized the Party's policy on strengthening international cooperation on law and international integration in the new situation, perfected the law on judicial assistance in general and the law in each field of extradition, transfer of persons serving prison sentences, judicial assistance in criminal matters and judicial assistance in civil matters in particular; and overcame shortcomings and limitations in the implementation of the 2007 Law on Judicial Assistance.

The National Assembly Standing Committee also directed agencies to review, revise, and ensure consistency and unity between the four draft laws on general contents such as scope of regulation, subjects of application, interpretation of terms, principles of judicial assistance and application of law, language in judicial assistance request dossiers and issues of exemption from consular legalization, enforcement effect and transitional provisions... as well as perfecting the style and legislative techniques; reviewing with provisions of relevant laws on the authority of agencies, persons conducting proceedings, proceedings, and organization of judicial agencies to perfect the draft laws, ensuring the unity of the legal system.

Regarding the draft Extradition Law, after receiving and revising, the draft Extradition Law consists of 4 chapters and 45 articles. Regarding the final review and retrial of extradition decisions or decisions to refuse extradition, the National Assembly Standing Committee believes that extradition activities are directly related to the guarantee of human rights, play a particularly important role in international judicial cooperation, and demonstrate national jurisdiction and sovereignty in the field of criminal justice.

The decision to extradite or refuse extradition must be conducted carefully, in accordance with legal regulations and under strict judicial control through review and retrial procedures (if any) to prevent injustice, mistakes and not let criminals escape, while demonstrating Vietnam's goodwill in international judicial cooperation activities.

The National Assembly Standing Committee proposed that the National Assembly retain the provisions on review and retrial of extradition decisions or decisions refusing extradition by competent People's Courts. At the same time, to ensure feasibility, Article 30 of the draft law has been revised to apply this procedure according to the provisions of the Criminal Procedure Code, not implementing review and retrial procedures for cases where extradition decisions have been enforced.

Member of the National Assembly Standing Committee Hoang Thanh Tung presented a summary of the Reports on explanation, acceptance and revision of the four 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. Photo: Doan Tan/VNA

Regarding the draft Law on Transfer of Persons Serving Prison Sentences, National Assembly deputies gave their opinions on two major issues of the draft Law: On the cost of transferring persons serving prison sentences (Article 11) and On the conversion of prison sentences (Article 23).

Presenting a report on the explanation, acceptance and revision of the draft Law on Transfer of Persons Serving Prison Sentences, Chairman of the National Assembly's Committee on Law and Justice Hoang Thanh Tung said that regarding the funding for transferring persons serving prison sentences (Article 11), some opinions suggested more specific regulations on voluntary contributions, support and the management and use of this funding source to ensure feasibility, publicity and transparency; at the same time, assign the Government to regulate the management and use.

The Standing Committee of the National Assembly finds that the National Assembly deputies' opinions are well-founded and consistent with reality because although the funds voluntarily contributed by people serving prison sentences, agencies, organizations, and other individuals can only be used to pay for individuals serving prison sentences during their transfer from the transferring country to the receiving country, it is necessary to define them more clearly to avoid duplication of expenditures from the state budget, ensuring publicity and transparency.

Because this is a specific content; the levels of support and voluntary contributions are also different, so to ensure the stability of the law and suitability with reality, Clause 2, Article 11 of the draft law has assigned the Government to specify this in detail.

At the same time, to clarify the State's responsibility in ensuring funding, consistent with the other three draft laws on judicial assistance, it is necessary to revise Clause 1, Article 11 as shown in the draft law.

Regarding the conversion of prison sentences (Article 23), the Committee on Law and Justice said that some opinions suggested reviewing and revising regulations to be more specific, clear, and detailed on the conversion of prison sentences, and at the same time, adding content assigning the Government to regulate in detail this article.

National Assembly delegate of Dong Thap province Pham Van Hoa speaks. Photo: Doan Tan/VNA

Giving his opinion at the meeting, delegate Pham Van Hoa (Dong Thap) agreed with the regulations on the budget for transferring prisoners serving prison sentences. Specifically, the Court must estimate the annual budget to carry out events and transfer prisoners abroad; the State budget is fully responsible for this source.

However, the delegate suggested that in the event that the offender, the extradited person, or their relatives or authorized persons voluntarily contribute or support the cost of transferring the person serving a prison sentence, there should be specific regulations. This is to ensure that the transfer of the person serving a prison sentence is quick and appropriate.

Regarding the regulation on conversion of prison sentences, delegate Pham Van Hoa said that this regulation is necessary for cases where Vietnamese people abroad commit crimes, are sentenced and transferred back to Vietnam.

"The regulation on converting prison sentences is very necessary and converting prison sentences to lower ones for foreign prison sentences is a humane policy," delegate Pham Van Hoa emphasized. However, the Court needs to carefully consider the specific crimes to convert prison sentences. This needs to be consistent with Vietnamese law and conditions to protect personal rights.

Source: https://baotintuc.vn/thoi-su/quy-dinh-cu-the-viec-tu-nguyen-dong-gop-ho-tro-kinh-phi-chuyen-giao-nguoi-dang-chap-hanh-an-phat-tu-20251027125709448.htm