The Law on Extradition - Safeguarding national sovereignty and affirming Viet Nam's international standing

In the process of building and perfecting the socialist rule-of-law State, Viet Nam has been gradually standardizing its mechanisms for international judicial cooperation. Previously, extradition was regulated merely as one chapter of the Law on Mutual Legal Assistance, but the formulation of a separate law marks a new qualitative step, in line with the global trend of combating transnational crime.

National Assembly deputies emphasized that this law would serve as “a transparent, feasible, and highly practical legal instrument in the new context of international integration,” laying the foundation for Viet Nam to proactively participate in - rather than passively comply with - international commitments on justice.

At the same time, the incorporation of international norms into the draft law also demonstrates Viet Nam’s institutional capacity: exercising sovereignty without isolation, pursuing integration without compromising national interests.

An important highlight of the discussion was the inclusion of the principle of ensuring human rights and citizens’ rights. Deputy Nguyen Tam Hung (Ho Chi Minh City) affirmed: “Viet Nam’s international judicial cooperation is conditional, limited, and human-centered.”

This reflects a clear stance: Viet Nam will only grant extradition when such extradition does not violate human dignity and does not result in “torture, cruel treatment, or prosecution on grounds of politics, religion, or ethnicity.” This demonstrates the humane character of the rule-of-law State, in conformity with United Nations practices.

Notably, Deputy Duong Khac Mai (Lam Dong Province) pointed out the absence of a post-extradition monitoring mechanism. The requirement for a commitment from the receiving country is insufficient without instruments for subsequent supervision and handling of violations.

“The proposal to supplement powers, diplomatic measures, and responsibilities for monitoring implementation helps ensure that commitments are substantively fulfilled, rather than remaining mere procedures. This is precisely the factor that determines national credibility,” emphasized Deputy Duong Khac Mai.

CDigital transformation is also a pillar emphasized in the draft law. The development of electronic extradition dossiers, synchronized with INTERPOL and ASEANAPOL standards, represents a shift from manual management to multilateral governance in accordance with international standards. This reflects a modern mindset: judicial administration must not only be “lawful” but also “rapid, precise, and highly secure.”

KWhen a State possesses sufficient legal capacity to carry out extradition, that State proves that its sovereignty is substantive; its citizens are protected; its international commitments are ensured; and its legal system is strong enough not to become a safe haven for transnational criminals.

The Law on Extradition, therefore, constitutes a key link in a justice system with distinct identity: resolute yet humane, integrated yet sovereign, codified yet human-centered.

The Law on Extradition is not merely a new legal document. It represents a step toward completing the foundation for safeguarding justice, protecting citizens, and affirming Viet Nam’s legal capacity within the international community. Once enacted, the law will serve as a “soft shield of sovereignty” - both effectively combating crime and shaping the image of a responsible, civilized, and law-abiding nation.