Draft Law on Extradition to enhance transnational collaboration in criminal arrest

The Ministry of Public Security (MPS) has recently released a draft Law on Extradition, proposing the application of urgent arrest of criminals for extradition upon requests of foreign countries, adding cases of refusal of extradition to foreign countries and providing commitments to refraining from imposing the capital punishment on persons extradited to or from Vietnam.

Under the draft, if a foreign country requests application of urgent arrest for extradition, competent Vietnamese agencies would consider and decide on a case-by-case basis before the foreign side sends an official extradition request.

After being extradited to the requesting country, if a person is detected to have committed more crimes in the requesting country’s territory before his escape to the requested country, the two countries may reach an agreement on examination of penal liability for his criminal acts not stated in the extradition request.

Adhering to the United Nations Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment, and other international laws and practices, the draft adds cases of mandatory refusal of extradition, namely (i) persons requested for extradition are likely to be persecuted or tortured in extradition-requesting countries due to discrimination of race, religion, gender, nationality, ethnicity, social class, political viewpoint or other reasons, and (ii) acts committed by persons requested for extradition are not crimes under Vietnam’s Penal Code. Additionally, the MPS may also refuse to extradite persons committing political or military-related offenses.

Also proposed by the MPS, the President would be vested with powers to decide on making commitments to refraining from imposing the death penalty or declaring but not executing the death penalty for persons extradited to Vietnam.

In addition, Vietnam may request extradition-requesting countries to refrain from imposing the capital punishment on offenders who are extradited from Vietnam for committing crimes not too severe to be sentenced to death under Vietnam’s criminal law.

By: VLLF