Cautiously expand the authority to request civil legal assistance

The expansion of the authority to request civil judicial assistance to "other competent agencies and individuals as prescribed by Vietnamese law" is considered by delegates to "contain many worrying legal and management risks".

Delegate Nguyen Minh Duc (HCMC). Photo: QUANG PHUC

Late in the morning and afternoon of June 23, the National Assembly discussed in groups the draft laws: Judicial assistance in civil matters; Judicial assistance in criminal matters; State of emergency; Transfer of persons serving prison sentences; Extradition.

At the delegation of delegates from Ho Chi Minh City, delegate Nguyen Thanh Sang commented that currently, the situation of "non-traditional" crimes is developing very complicatedly and sophisticatedly, so the promulgation of laws on judicial assistance is extremely necessary, contributing to improving the effectiveness of the fight against crime.

Delegate Le Thanh Phong (HCMC). Photo: QUANG PHUC

Based on the practice of judicial assistance in recent times, Deputy Le Thanh Phong proposed to clarify the cases where assistance is not received, nor is there a response from the foreign side. The Deputy also suggested reviewing the principle of reciprocity and the cases where there is a conflict between Vietnamese law and the law of the country receiving the request for assistance to ensure Vietnam's judicial independence.

Also at the Ho Chi Minh City delegation, Deputy Nguyen Minh Duc suggested paying more attention to some countries and territories with a large number of Vietnamese citizens working, studying and living such as: South Korea, Japan, China, Taiwan... and suggested that in addition to amending and supplementing the law, it is also necessary to promote the signing of bilateral agreements with these key areas, and strictly regulate the costs of implementing judicial assistance...

Delegate Nguyen Thi Ha ( Bac Ninh ). Photo: PHAM THANG

At Delegate Group No. 13, Delegate Nguyen Thi Ha (Bac Ninh) commented that the draft Law on Mutual Legal Assistance in Civil Matters expands the authority to request mutual legal assistance in civil matters to "other competent agencies and individuals as prescribed by Vietnamese law" in order to create more favorable conditions for international coordination, help diversify participating subjects, thereby enhancing the ability to handle requests for mutual legal assistance more flexibly and promptly.

However, the delegate said that this provision contains many worrying legal and management risks. The expansion of authority in a general and unspecific manner could lead to overlapping and duplication of functions and tasks between agencies in the judicial and civil enforcement sectors.

This not only blurs the boundaries of authority but also makes it difficult to clearly define responsibilities, thereby reducing the effectiveness of state management, possibly even giving rise to internal disputes and delaying the process of judicial assistance. Deputy Nguyen Thi Ha requested the draft law committee to carefully review and assess the feasibility and conformity of this provision with current practices and legal regulations.

MR. PHUONG

Source: https://www.sggp.org.vn/than-trong-mo-rong-tham-quyen-yeu-cau-tuong-tro-tu-phap-dan-su-post800663.html