📋 Tender Overview
At a plenary session at the Assembly Hall this morning (October 27), the National Assembly heard reports on 3 Law projects: Law on Enforcement of Temporary Detention, Temporary Detention and Prohibition from Leaving Place of Residence; Law on Execution of Criminal Judgments (amended) and Law amending and supplementing a number of articles of the Law on Judicial Records. Standing Deputy Prime Minister Nguyen Hoa Binh presented the Governments summary report on 3 law projects. Many regulations revealed limitations, overlaps or were no longer appropriate. Reporting on 3 law projects, Standing Deputy Prime Minister Nguyen Hoa Binh said that the process of implementing the current Laws shows that many regulations have revealed limitations, overlaps or are no longer suitable with state management requirements. On the other hand, in the context of streamlining the state apparatus, operating effectively and efficiently, and implementing the two-level local government model according to the resolutions of the Central Committee, the Politburo, and the National Assembly, the Peoples Public Security force no longer has a district-level organization, leading to the need to synchronously review and amend legal regulations related to the tasks and powers of criminal judgment enforcement agencies, custody and detention management, and private history management. law.RELATED NEWS Specifically, for the Law on Enforcement of temporary detention, temporary detention and ban on leaving the place of residence, the need for amendment arises because the scope of regulation of the 2015 Law does not fully cover reality, especially the lack of regulations on preventive measures ban on leaving the place of residence; At the same time, some regulations on management, supervision, regimes and policies for people held in custody or temporary detention are still inadequate and not synchronized with the new law. The amendment of the Law not only aims to expand the scope of regulation and improve the management and supervision mechanism, but also meet the requirements for adjusting the authority between police levels in the context of no longer being at the district level, enhancing the application of science and technology and ensuring the legitimate rights and interests of detainees and detainees. Regarding the Law on Execution of Criminal Judgments (amended), after 5 years of implementation, some regulations are no longer consistent with the new organizational structure of the Police force and local authorities; Responsibilities and authority between agencies have not been clarified; The role of commune-level police - the grassroots unit that directly manages, supervises and educates people serving sentences in the community - has not been fully promoted. The amendment of the Law aims to adjust the organizational model of the criminal judgment execution system in accordance with the new organizational structure, while adding regulations to ensure human rights, civil rights, application of science and technology, and biometric data in management and execution of judgments. Regarding the Law on Judicial Records, amendments are necessary to complete the legal corridor on management, exploitation and issuance of Judicial Record Certificates; consistent with the policy of transferring state management tasks and providing public services on criminal records from the Ministry of Justice to the Ministry of Public Security, ensuring uniformity and centralization of human data, meeting the requirements of national digital transformation, administrative reform and better serving the people. Law projects have been developed in accordance with the order and procedures prescribed by the Law on Promulgation of Legal Documents; The content ensures consistency with legal documents in the same field and related fields; compatible with relevant international treaties to which the country is a member. Supplementing regulations on implementing measures to prevent and ban from leaving the place of residence. Project Law on Enforcement of custody, temporary detention and ban on leaving the place of residence adjusts the organizational system and model of agencies managing and enforcing custody, temporary detention and ban on leaving the place of residence; detention management regime; regime of detainees, detainees, and people sentenced to death who are in temporary detention; Detainees and temporary detainees who are under 18 years old, pregnant women or raising children under 36 months of age; enforce the decision prohibiting leaving the place of residence; Complaints and denunciations in the management and enforcement of custody, temporary detention, and ban on leaving the place of residence; Responsibility for managing and enforcing custody, temporary detention, and ban on leaving the place of residence. The Law Project includes 12 chapters (including 1 new chapter), 76 articles, of which 57 articles are amended and supplemented, 10 new articles are created, 8 articles are removed, and 8 articles are maintained; Focusing on basic contents such as: Expanding the scope of the law, adding regulations on implementing measures to prevent leaving the place of residence. Complete regulations to improve the effectiveness of management and supervision of detainees and detainees. Complete regulations on regimes and policies for detainees and detainees, ensuring synchronization and consistency with relevant legal provisions to more specifically stipulate regimes and policies for detainees and detainees... Delegates attended the morning session of October 27. Ensuring synchronization and unity of the legal system. The Law on Execution of Criminal Judgments (amended) basically keeps the scope of adjustment compared to the Law of 2019. 2019; At the same time, amend and supplement a number of regulations to ensure the synchronization and unity of the legal system and resolve shortcomings and difficulties in practice, meeting the requirements of crimin
