The National Assembly delegation of Nghe An province sought comments on the Draft Law on Extradition and the Law on Transfer of Persons Serving Prison Sentences.

Regarding the Draft Law on Extradition, at the conference, delegates agreed with the necessity of developing this law project. This law is basically consistent with the Party's policies and guidelines on international integration in the judicial sector in general and extradition in particular; at the same time, it ensures compatibility with international treaties related to extradition to which our country is a member.

However, some opinions proposed to expand the scope and subjects to international organizations or recognized entities with the right to request extradition under international treaties in order to create more flexible conditions for implementing the Law in multilateral cooperation relations. Some opinions suggested that extradition be carried out under international treaties to which Vietnam is a member; in other cases, it should be carried out on the principle of reciprocity without requiring prior commitment from the foreign requesting party and in accordance with international law and international practice.

There are suggestions that when two countries do not agree on the conditions for extradition, it is necessary to add regulations for the Government to guide the two sides to sit down and negotiate, in order to agree on the requirements and conditions for extradition. This will help avoid the situation of being unable to carry out extradition due to disagreement and ensure that the extradition process takes place in accordance with regulations, avoiding difficulties or delays in international cooperation...

Comments on the Draft Law on Transfer of Persons Serving Prison Sentences,Some opinions suggested continuing to carefully review the provisions of the draft Law with related laws, including laws on organizational structure, litigation,Criminal Code… was just passed by the National Assembly at the 9th Session and 3 draft laws were also separated from the Law on Judicial Assistance to ensure consistency in the legal system.

There are suggestions to study and comply with the principles in international commitments that Vietnam has participated in, such as: the Convention on the Elimination of All Forms of Discrimination Against Women, the Convention on the Rights of the Child... including the rights that women and children are required to have and are protected in the case of implementing regulations or implementing requests on the transfer of people serving prison sentences.

Regarding regulations on detention conditions in the transfer of prisoners serving prison sentences, it is necessary to ensure that detention conditions in the receiving country are not gender-specific. Procedures for reviewing and deciding on the transfer of prisoners must ensure fairness, transparency, and not be based on gender bias. At the same time, it is recommended to pay attention to inspection and supervision to ensure that transfer decisions comply with international standards on human rights and are not discriminatory...

In her concluding remarks at the conference, Comrade Thai Thi An Chung - Member of the Provincial Party Committee, Deputy Head of the National Assembly Delegation of Nghe An Province acknowledged and highly appreciated the opinions and suggestions on the draft Law on Extradition and the Law on Transfer of Prisoners. After this conference, the National Assembly Delegation of the province will synthesize the opinions and report to the National Assembly Standing Committee for consideration.