Extradition is one of the most important matters in international cooperation to fight against transnational crimes.
In recent years, along with the complicated trend of transnational crime situation in the world, in the region as well as in Vietnam, the number of fugitive criminals who fled from Vietnam to foreign countries as well as from foreign countries into Vietnam are increasing. In this circumstance, in recent years, the Police of Vietnam have actively cooperated with international Law Enforcement Agencies including Police Forces in pursuing and extraditing fugitive criminals. At present, the pursuing and extraditing by the Police of Vietnam is carried out through two cooperative channels which are Interpol/Aseanapol channel with the cooperation of diplomatic agencies, prosecuracies and the cooperative channel based on Mutual Legal Assistance Treaties and Extradition Treaties signed by Vietnamese Government. In recent years in spite of many difficulties, pursuing and extraditing fugitive criminals have received many encouraging results. According to statistic by Interpol Vietnam, in recent years through many cooperative channels, the Police of Vietnam have arrested and extradited tens of fugitive criminals from foreign countries back to Vietnam as well as from Vietnam to overseas. The Police of Vietnam have been highly appreciated by its international counterparts.
However, in fact, there are still many weakness in implementing extradition by Vietnamese Law Enforcement Agencies including the Police of Vietnam. As above mentioned, presently, the extradition by the Police of Vietnam has conducted through Interpol channel and cooperative channel based on Mutual Legal Assistance Treaties and Extradition Treaties signed by Vietnamese Government. In which, Interpol channel is cooperation between police forces in the world, mainly based on principle of reciprocity and it is not effected by diplomatic and protocol procedures. While there are still limitations and weaknesses in extradition based on Mutual Legal Assistance Treaties and Extradition Treaties signed by Vietnamese Government, which is considered as official and formal cooperative mechanism. Although, at present, Vietnamese Government has signed 17 Mutual Legal Assistance Treaties and Extradition Treatises with 16 different countries, the implementation of these treaties is still limited
In the future, in order to promote effectiveness of extradition, the following recommendations should be carried out:
The first one, Vietnamese competent Authorities should closely cooperate with international counterparts to draft and request Vietnamese Government and other Governments to sign Extradition Treaties especially with countries that are now being considered as good harbour for Vietnamese fugitive criminals to hide or with countries that have many fugitive criminals usually hiding in Vietnam. In domestic legislation, it is necessary to built up the Extradition Law, stipulating procedures, agencies related to extradition and other matters such as request delivering, extradited person handing over, files delivery
The second one, extradition including extraditing criminals from overseas back to Vietnam and extraditing criminals from Vietnam to overseas, should be conducted through Interpol/Aseanapol channel because this is a police cooperative channel which is very flexible without complicated diplomatic and protocol procedures The third one, Law Enforcement Agencies should pay attention to training included theory and practical knowledge for police officers who involved in extradition such as foreign language…Therefore, it should be strengthened in training through special international training programs, conferences, workshop...
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