📋 Tender Overview
With the overwhelming majority of National Assembly delegates voting in favor, this morning (November 26), the National Assembly passed 4 draft laws, including: Extradition Law; Law on Transfer of Persons Serving Prison Sentences; Law on Mutual Legal Assistance in Civil Matters; Law on Mutual Legal Assistance in Criminal Matters. The National Assembly passed 4 laws. The Extradition Law was passed to regulate the principles, authority, conditions, order and procedures for extradition between Vietnam and foreign countries; responsibilities of Vietnamese state agencies in extradition. This law applies to Vietnamese agencies, organizations, individuals, foreign agencies, organizations and individuals related to extradition between Vietnam and foreign countries. The law stipulates that extradition is carried out on the basis of the following principles: Respect for independence, sovereignty, territorial integrity, non-interference in each others internal affairs, equality and mutual benefit; in accordance with the Constitution, Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a member. In cases where Vietnam and a foreign country are not members of an international treaty on extradition, the extradition shall be carried out according to the principle of reciprocity but not contrary to Vietnamese law, in accordance with international law and international practices. Regarding cases that can be extradited according to the provisions of law, include: A person who can be extradited is a person who has committed a crime for which Vietnamese and foreign laws stipulate a prison sentence of 1 year or more, life imprisonment or death penalty or has been sentenced to prison by the court of the country requesting extradition and the remaining term of imprisonment for that person is at least 6 months. The criminal acts of the person specified in Clause 1 of this Article do not necessarily belong to the same person. group of crimes or the same crime, the elements constituting a crime are not necessarily completely the same according to the provisions of Vietnamese law and foreign law. In cases where a foreign country requests extradition related to a person who has committed many criminal acts, in which each act constitutes a crime according to Vietnamese law and foreign law and at least one act meets the conditions specified in Clause 1 of this Article, Vietnam may agree to extradite that person. In case Vietnam is the country requesting extradition, the Ministry of Public Security requests foreign competent authorities to agree to extradite for similar cases. The Law on Transfer of People Serving Prison Sentences regulates the principles, authority, conditions, order and procedures for transferring people serving prison sentences between Vietnam and foreign countries; Responsibilities of Vietnamese state agencies in transferring people serving prison sentences. This law applies to Vietnamese agencies, organizations, and individuals, foreign agencies, organizations, and individuals related to the transfer of people serving prison sentences between Vietnam and foreign countries. The law stipulates that the Ministry of Public Security is the Central Agency of the Socialist Republic of Vietnam for the transfer of people serving prison sentences. Central agency of the Socialist Republic of Vietnam for transferring people serving prison sentences. Assign people serving prison sentences to be responsible for exchanging information and documents related to the transfer of people serving prison sentences; make, send and receive requests for transfer of people serving prison sentences; preside over and coordinate with ministries, branches and localities to consider and resolve requests for transfer of people serving prison sentences; Monitor and urge the transfer of people serving prison sentences; Carry out other tasks and powers according to the provisions of law on the transfer of people serving prison sentences and international treaties to which the Socialist Republic of Vietnam is a member. The Law on Mutual Legal Assistance in Civil Matters regulates the principles, authority, order and procedures for implementing mutual legal assistance in civil matters between Vietnam and foreign countries; Responsibilities of Vietnamese state agencies in civil legal assistance. This Law applies to Vietnamese agencies, organizations and individuals, foreign agencies, organizations and individuals related to civil legal assistance between Vietnam and foreign countries. According to the provisions of the law, the Ministry of Justice is the Central Agency of the Socialist Republic of Vietnam in civil legal assistance. The Central agency of the Socialist Republic of Vietnam in civil legal assistance is responsible for being the focal point for exchanging information, receiving, transferring, Monitor and urge the implementation of mutual legal assistance in civil matters; perform other tasks and powers according to the provisions of this Law and relevant international treaties to which the Socialist Republic of Vietnam is a member. The principles of mutual legal assistance in civil matters as prescribed by law are: Mutual legal assistance in civil matters is carried out on the principles of respect for independence, sovereignty, unity, territorial integrity, non-interference in each others internal affairs, equality and mutual benefit, ensuring the legitimate rights and interests of relevant agencies, organizations and individuals, in accordance with the Constitution, laws of Vietnam and international treaties to which the Socialist Republic of Vietnam is a member. Truong of Vietnam and the countryForeign countries are not members of international treaties on mutual legal assistance in civil matters, then mutual legal assistance in civil matters is of course carried out according to the principle of reciprocity, except in cases where there are grounds to show that the foreign country doe
