National Assembly delegates from Nghe An discuss the Draft Law on Temporary Detention, Temporary Imprisonment and Prohibition from Leaving Place of Residence
Major General Tran Duc Thuan - National Assembly delegate of Nghe An delegation emphasized the principle of only applying temporary detention and imprisonment when absolutely necessary, and at the same time, proposed to add authority to Border Guard Stations in remote and isolated areas.
On the morning of November 4, continuing the 10th Session, the National Assembly discussed in groups the Draft Law on Temporary Detention, Temporary Imprisonment and Prohibition from Leaving the Place of Residence; the Draft Law on Criminal Judgment Execution (amended) and the Draft Law on Amending and Supplementing a Number of Articles of the Law on Judicial Records. The National Assembly Delegation of Nghe An province discussed in Group 7 with the Lam Dong delegation.
Discussing the Draft Law on Temporary Detention, Temporary Imprisonment and Prohibition from Leaving the Place of Residence, Major General Tran Duc Thuan - Deputy Chairman of the National Assembly's Committee on National Defense, Security and Foreign Affairs, a delegate from Nghe An agreed with the necessity of promulgating, including adding regulations on the measure of "prohibition from leaving the place of residence".
This is to institutionalize the Party's policy on ensuring human rights and citizens' rights in criminal proceedings; at the same time, meet the requirements of judicial reform, building a socialist rule-of-law state in Vietnam, streamlining the apparatus, and implementing a two-level government.
Agreed to expand the scope of regulation, including the measure of "prohibiting leaving the place of residence"; however, Major General Tran Duc Thuan suggested that it is necessary to clarify the relationship between this Law and the Criminal Procedure Code and the Law on Temporary Detention and Imprisonment, to avoid overlap, especially regarding the authority to apply, the time limit and the management regime of people subject to the measure.
He said that the Law needs to emphasize the principle of "only applying detention and temporary imprisonment when absolutely necessary", ensuring the right to protection of detainees and prisoners.
Referring to the organization and authority of the Border Guard in the work of temporary detention, the delegate of Nghe An delegation cited data: Currently, the Border Guard has 427 Border Guard stations and 7 Border Guard Commands at ports, but only 240 units are organized with temporary detention cells; especially at Border Guard stations in remote, isolated areas, borders, and islands, which face many difficulties in terms of facilities, means, and distance from the Police's temporary detention facilities.
Therefore, he proposed that the draft Law should study and supplement regulations allowing "Border Guard Stations in remote areas and Border Guard Commands at ports" to organize temporary detention cells and have the authority to carry out a number of investigative activities according to the provisions of the Criminal Procedure Code.
Previously, at the beginning of the working session on the morning of November 4, the National Assembly held a plenary session at Dien Hong Hall, National Assembly House, listening to presentations and reports on the following projects: Law on Construction (amended); Law on amending and supplementing a number of articles of the Law on Geology and Minerals; Law on amending and supplementing a number of articles of laws in the fields of agriculture and environment; Law on Tax Administration (amended); Law on Personal Income Tax (amended); Law on Thrift and Anti-Waste; Law on Civil Judgment Enforcement (amended); Law on Judicial Expertise (amended); Law on amending and supplementing a number of articles of the Law on Anti-Corruption.
