The National Assembly Delegation of Nghe An province collects comments on the draft Law on Judicial Assistance in Civil and Criminal Matters

Comments on the draft Law on Mutual Legal Assistance in Civil Matters

The Draft Law on Mutual Legal Assistance in Civil Matters consists of 4 chapters and 38 articles; stipulating the principles, competence, order and procedures for implementing mutual legal assistance in civil matters between Vietnam and foreign countries; and the responsibilities of Vietnamese state agencies in mutual legal assistance in civil matters.

The subjects of application of this law include Vietnamese agencies, organizations and individuals; foreign agencies, organizations and individuals involved in civil judicial assistance activities with Vietnam.

Participating in giving comments on the draft Law on Judicial Assistance in Civil Matters, the opinions basically agreed on the structure and content of the draft, and at the same time made some specific comments, including suggesting that the drafting agency continue to review and adjust the authority to request judicial assistance of the People's Court, the People's Procuracy, and civil enforcement agencies to ensure consistency and feasibility in the legal system; at the same time, it is consistent with the organizational structure, along with the functions, tasks, and authority of the agencies and organizations implementing judicial assistance in civil matters between Vietnam and partner countries, for mutual benefit of all parties.

Agreeing with the regulation, the Ministry of Justice is the focal agency responsible for returning the dossier to the agency requesting judicial assistance if the dossier is incomplete or does not ensure the time according to the provisions of the relevant international treaty or according to the time regulations of the requested country.

However, there are suggestions to add specific regulations for agencies requesting additional documents and completing documents, to avoid cases where documents have to be returned many times, affecting the time and cost of implementing mutual assistance.

Some comments also suggested that the drafting agency review and make appropriate provisions on the authority to implement requests for civil judicial assistance from foreign countries for regional enforcement agencies when this agency has not yet been established and the current Law on Civil Judgment Enforcement has not been considered, amended or supplemented by the National Assembly; at the same time, research, supplement and perfect regulations on the application of information technology in the activities of receiving and transferring documents, records and documents for civil judicial assistance, standardizing the process of collecting and transferring electronic documents and evidence, etc.

Comments on the draft Law on Mutual Legal Assistance in Criminal Matters

The Draft Law on Mutual Legal Assistance in Criminal Matters, consisting of 4 chapters and 40 articles, stipulates the principles, competence, order and procedures for implementing mutual legal assistance in criminal matters between Vietnam and foreign countries; and the responsibilities of Vietnamese state agencies in mutual legal assistance in criminal matters. The subjects of application of this law include Vietnamese agencies, organizations and individuals.,Foreign agencies, organizations and individuals related to criminal judicial assistance between Vietnam and foreign countries.

Participating in giving comments on this draft law, the issue proposed by the delegates is to study, adjust and supplement the authority of the Supreme People's Procuracy and the Supreme Court as well as the provincial level in not applying the death penalty to ensure consistency with legal documents on criminal proceedings and other documents; at the same time, supplement the authority of the competent agency to provide judicial assistance in criminal matters, ensuring consistency with foreign judicial agencies and those of Vietnam.

In addition, it is necessary to clearly define the contents and responsibilities of the Public Security, People's Court and other judicial agencies in performing the tasks of judicial assistance in criminal matters.

Some opinions also suggested that the drafting agency study and carefully consider the additional provisions on considering requests related to the death penalty compared to the provisions of the current Law on Judicial Assistance; consider adjusting the provisions on the cost of implementing requests for judicial assistance in criminal matters in cases where Vietnam and foreign countries have not signed an international treaty on judicial assistance in criminal matters, which will be paid by the requested country, unless otherwise agreed; add additional conditions to ensure the provisions on the time the transferred person is escorted and stays abroad...

Based on the opinions of the delegates, on behalf of the provincial National Assembly delegation, Comrade Thai Thi An Chung - Member of the Provincial Party Executive Committee, Deputy Head of the Provincial National Assembly Delegation, received all the profound opinions of the conference participants; at the same time, affirmed that the Provincial National Assembly Delegation will be responsible for synthesizing and reporting fully to the National Assembly Standing Committee, as well as serving as a basis for participation in the process of building laws at the upcoming National Assembly session.

The Deputy Head of the Provincial National Assembly Delegation also directly explained and clarified a number of difficulties and problems in the practical implementation of the Law on Mutual Legal Assistance in Criminal and Civil Matters, as well as issues raised in this draft law, issues related to legislative techniques and documents guiding the implementation of the law when promulgated so that the law can soon come into effect.