A draft law on extradition proposes that in cases where a foreign country requests Vietnam not to apply the death penalty to an extradited individual, the Ministry of Public Security would coordinate with relevant ministries and agencies to seek guidance from the President of Vietnam.

On April 15, the National Assembly Standing Committee reviewed four legislative proposals: the Law on Extradition, the Law on the Transfer of Sentenced Persons, the Law on Mutual Legal Assistance in Civil Matters, and the Law on Mutual Legal Assistance in Criminal Matters. These draft laws are derived from the current Law on Mutual Legal Assistance.

Presenting the draft Law on Extradition, Lieutenant General Le Van Tuyen, Deputy Minister of Public Security, stated that the proposed law comprises five chapters and 45 articles. It sets out principles, jurisdiction, conditions, procedures, and the responsibilities of Vietnamese state agencies involved in extradition.

One key proposal is a mechanism for responding when a foreign country requests that Vietnam not carry out a death sentence on an extradited individual. In such cases, the Ministry of Public Security would lead the process in coordination with relevant bodies and report the matter to the President.

Based on the President’s opinion, either the Ministry of Public Security or the Ministry of Foreign Affairs would notify the foreign country regarding Vietnam’s decision not to enforce the death penalty.

The draft law also empowers the Minister of Public Security, in collaboration with the Chief Justice of the Supreme People’s Court, the Prosecutor General of the Supreme People’s Procuracy, the Minister of Foreign Affairs, and the heads of other relevant agencies, to issue detailed guidance on Article 13 regarding notification of non-enforcement of capital punishment in extradition cases.

Presenting the verification report, Hoang Thanh Tung, Chairman of the Committee on Legal and Judicial Affairs, supported the proposed clause allowing for foreign requests to forego the death penalty.

He stated that the provision aligns with international treaties to which Vietnam is a party and helps resolve practical challenges.

However, Tung noted that the draft law does not yet specify how Vietnam would respond if a foreign country explicitly requests a commitment not to impose the death penalty.

Therefore, the reviewing body recommended that the drafting committee add concrete provisions to address this scenario.

He also acknowledged concerns that such provisions could affect the independence of the judiciary. The inclusion of this decision-making power under the President, as proposed, should be carefully examined to ensure it reflects the proper role of the head of state in extradition-related matters.

The Vinh