On the afternoon of April 15, continuing the 44 session, the National Assembly Standing Committee commented on a number of bills, including the Conductors.
Presenting the report, Deputy Minister of Public Security Le Van Tuyen said that the purpose of the construction law is to perfect the law on synchronous, modern, strict, feasible, in accordance with international law and practices.
According to the Deputy Minister of Public Security, the Draft Law stipulates that foreign countries require Vietnam to not enforce the death penalty for the person requested to extradite, the Ministry of Public Security shall assume the prime responsibility for, and coordinate with the concerned ministries, branches and agencies to report to the President.
Based on the opinion of the President, the Ministry of Public Security or the Ministry of Foreign Affairs informed foreign countries about the failure to execute the death penalty.
In case Vietnam requires foreign countries not to execute the death penalty for the person requested to extradite, the Ministry of Public Security proposed the foreign country to make a written commitment on this content.
The Law assigned the Minister of Public Security to assume the prime responsibility and coordinate with the Head of the Supreme People's Procuracy, the Chief Justice of the Supreme People's Court, the Minister of Foreign Affairs and the heads of other relevant agencies guiding this detailed.
Examination and Chairman of the Law - Justice Committee Hoang Thanh Tung said that the Basic Commission agreed with this regulation of the Draft Law and found that this is a new and important issue.
The addition of this provision is to ensure the implementation of the relevant international treaties that Vietnam is a member, handling difficulties and obstacles in practice.
In addition, there are cases where foreign side requires Vietnam to make a commitment not to apply the death penalty. However, the Draft Law has not been provided to handle this case.
Therefore, the verification agency proposes to specify the plan to handle the case of a foreign side requesting Vietnam to commit not to apply the death penalty.
In addition, there is a proposal to consider the above content because it will definitely affect the independence of the Court.
At the same time, due to the draft law stipulates this authority for the President, it is necessary to continue studying carefully to ensure the position of the head of the State in a specific issue of extradition activities.
According to Deputy Minister Le Van Tuyen, the draft law stipulates that foreign countries require Vietnam to arrest people in an emergency to extradite as prescribed in international treaties that Vietnam and the country are members, comply with Article 113 of the Criminal Procedure Code, if the country requires sufficient information and commit to fully comply with the content of commitment.
Also at the meeting, Politburo member and National Assembly Chairman Tran Thanh Man noted that the draft Law needs to clarify the principle of extradition, add more detailed regulations, and not extradite Vietnamese citizens in some cases to avoid arbitrary application.
The Chairman of the National Assembly also said that it is necessary to better define the refusal of extradition and strengthen the signing of bilateral agreements, especially with countries with a large number of Vietnamese citizens living.
