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Vietnam's Extradition Proposal

Vietnam supports the Draft Model ASEAN Extradition Treaty but believes it could be improved by adding provisions from the European Convention on Extradition. Specifically, the Draft lacks articles on resolving conflicting extradition requests, procedures for handing over individuals, and allowing conditional extradition, which are all addressed in the European Convention. Vietnam argues these additions would strengthen the Draft by avoiding potential conflicts.

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Da Hyun Woo
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447 views1 page

Vietnam's Extradition Proposal

Vietnam supports the Draft Model ASEAN Extradition Treaty but believes it could be improved by adding provisions from the European Convention on Extradition. Specifically, the Draft lacks articles on resolving conflicting extradition requests, procedures for handing over individuals, and allowing conditional extradition, which are all addressed in the European Convention. Vietnam argues these additions would strengthen the Draft by avoiding potential conflicts.

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Da Hyun Woo
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© © All Rights Reserved
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POSITION PAPER

Country : Socialist Republic of Vietnam


Committee : ASEAN
Name :
Topic Area : Vietnam on Extradition

Cross border crimes are prevalent between ASEAN countries, which include drug abuse
and trafficking, terrorism, money laundering, and human trafficking (“ASEAN Plan Of Action
To Combat Transnational Crime - ASEAN: ONE VISION ONE IDENTITY ONE
COMMUNITY”). In the past, there have been actions to combat these transnational crimes,
which include documents, such as the Draft Model ASEAN Extradition Treaty, Treaty on
Mutual Legal Assistance, and numerous other bilateral and multilateral treaties between
countries. 
We, the Socialist Republic of Vietnam, believe that the current Draft Model ASEAN
Extradition Treaty is well written, designed in a manner that should be followed, in every topic
which it covers. However, the Draft Model ASEAN Extradition Treaty does not contain an
article on what to do if there are conflicting requests made of the Requested Party. A section on
this can be found in Article 17 of the European Convention on Extradition. In addition,  it does
not include a section on how the Requested Party ought to hand over the requested
person/criminal. This section was contained in the European Convention on Extradition, Article
18. The third area in which the Draft is lacking when compared to the European Convention on
Extradition is the conditional surrender category. The European Convention allows conditional
surrender on the part of the Requested Party, while the Draft does not. All three of these Articles
ought to be recognized and added to the Draft Model ASEAN Extradition Treaty, in order to
avoid conflict. 

References
ASEAN Plan Of Action To Combat Transnational Crime - ASEAN: ONE VISION ONE 
IDENTITY ONE COMMUNITY. (2012, July 4). Retrieved October 17, 2019, from 
https://asean.org/?static_post=asean-plan-of-action-to-combat-transnational-crime.
European Convention on Extradition. (1957). European Treaty Series, 13(12)

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