Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree provides for the management of international cooperation activities of Vietnamese agencies and organizations with foreign agencies and organizations and international organizations in law-making activities; legal training and fostering; organization of conferences, seminars and talks on law within the framework of programs, projects and non-project aid.
Article 2. Principles of implementing international legal cooperation activities
1. Comply with
the Constitution and laws of Vietnam, in accordance with international treaties to which Vietnam is a member, ensuring independence, sovereignty, unity, territorial integrity, national security and social order and safety.
2. Ensure publicity, transparency and accountability in the implementation of international legal cooperation activities.
3. Equality and non-interference in each other's internal affairs.
4. Ensure efficiency, practicality and non-duplication.
5. Strengthen the responsibility of the head of the competent authority in ensuring compliance with the law and effectiveness in receiving, managing and using official development assistance (ODA), preferential loans from donors, and foreign non-governmental aid in international legal cooperation.
6. The development, approval, management and implementation of programs, projects and non-project aid must comply with the provisions of this Decree, legal provisions on management and use of ODA, preferential loans from donors, foreign non-governmental aid and other relevant legal documents.
Article 3. Agencies in charge of programs, projects and non-project legal aid
1. The agency in charge of managing programs, projects, and non-project aid according to the provisions of law (hereinafter referred to as the managing agency) is the agency or organization specified in legal documents on management and use of ODA, preferential loans from foreign donors, and non-governmental aid.
2. Competent authorities have the duties and powers prescribed in this Decree and legal documents on management and use of ODA capital, preferential loans from foreign donors and non-governmental aid.
Article 4. Mobilizing ODA, preferential loans from foreign donors and non-governmental aid in international cooperation on law
1. Encourage agencies and organizations to mobilize ODA capital, preferential loans from foreign donors and non-governmental aid in accordance with the law.
2. Mobilization of ODA, preferential loans from foreign donors and non-governmental aid in international legal cooperation is carried out on the following basis:
a) Socio-economic development strategy, strategy for building and perfecting the legal system, judicial reform strategy, national strategy on public debt and foreign debt;
b) Orientation to attract and use ODA, preferential loans from donors and orientation to mobilize foreign non-governmental aid;
c) Legal regulations on management and use of ODA capital, preferential loans from foreign donors and non-governmental aid.
3. Ministries, ministerial-level agencies, and provincial People's Committees shall preside over and coordinate with the Ministry of Justice, the Ministry of Planning and Investment, the Ministry of Foreign Affairs, and the Vietnam Union of Friendship Organizations to mobilize ODA, preferential loans from sponsors, and foreign non-governmental aid in international cooperation on law in each ministry, sector, and locality.
4. In the process of mobilizing ODA, preferential loans from donors and foreign non-governmental aid in international cooperation on law, the Ministry of Justice shall preside over and coordinate with the Ministry of Planning and Investment, the Ministry of Foreign Affairs and relevant agencies to organize the Forum on Development Cooperation in the legal field; organize meetings of the Legal Partnership Group; and develop a list of priority areas for legal cooperation.
Chapter II
DEVELOPMENT AND APPROVAL OF LEGAL COOPERATION PROGRAMS AND PROJECTS
Article 5. Legal cooperation programs and projects
A legal cooperation program or project is a cooperation program or project that has all or part of its content on law-making; legal training and education; and organizing international conferences and seminars on law.
Article 6. Developing outlines and approving the list of funds for implementing legal cooperation programs and projects
1. The governing body shall develop the Program Outline and legal cooperation project in accordance with the provisions of law on management and use of ODA capital and preferential loans from donors.
2. The Ministry of Planning and Investment (for the list of funds under the approval authority of the Prime Minister) and competent authorities (for the list of funds under the approval authority of competent authorities) are responsible for consulting the Ministry of Justice and relevant agencies and organizations on the Outline of the legal cooperation program and project.
The Ministry of Justice and relevant agencies and organizations that are sent comments are responsible for responding in writing within the time limit prescribed in legal documents on management and use of ODA capital and preferential loans from donors.
3. The submission and approval of the Sponsorship List shall be carried out in accordance with the provisions of law on management and use of ODA capital and preferential loans from sponsors.
Within 05 working days from the date the Funding List is approved, the Ministry of Planning and Investment (for Funding Lists under the approval authority of the Prime Minister) and the competent authority (for Funding Lists under the approval authority of the competent authority) shall send a notice of the Funding List or the Decision approving the Funding List together with the Outline of the legal cooperation program or project to the Ministry of Justice for synthesis and monitoring.
Article 7. Appraisal and comments on legal cooperation program and project documents
1. The competent authority is responsible for sending the legal cooperation program and project documents to the Ministry of Justice for appraisal (for program and project documents under the approval authority of the Prime Minister) and for obtaining opinions (for program and project documents under the approval authority of the Prime Minister) of the Head of the competent authority.
2. Contents of appraisal and comments on legal cooperation program and project documents include:
a) The constitutionality and legality of the legal cooperation program and project; the conformity of the legal cooperation program and project with international treaties to which Vietnam is a member;
b) No overlap with other legal cooperation programs and projects;
c) Necessity and consideration of legal cooperation content in programs and projects;
d) The suitability of the objectives and contents of the program and project with the functions, tasks and project implementation capacity of the governing body.
3. The Ministry of Justice shall be responsible for sending its appraisal opinion to the competent authority no later than 12 days from the date of receipt of a complete and valid dossier, except where otherwise provided by law.
4. The competent authority is responsible for studying and accepting the appraisal opinions and opinions of the Ministry of Justice. In case of non-acceptance, the reason must be clearly stated.
5. The Minister of Justice shall detail the procedures, records, and documents for appraisal and comments on legal cooperation program and project documents.
Article 8. Approval of legal cooperation program and project documents
1. The submission and approval of legal documents on cooperation programs and projects must comply with the provisions of law on management and use of ODA, preferential loans from foreign donors and non-governmental aid.
2. Within 05 working days from the date the legal cooperation program or project documents are approved by the competent authority, the competent authority shall send the approval decision to the Ministry of Justice together with the approved legal cooperation program or project documents.
Article 9. Amendment and supplementation of legal cooperation program and project documents
1. In case of amendments or supplements to legal cooperation program or project documents that do not result in changes to the Decision approving the Funding List, the competent authority shall be responsible for consulting the Ministry of Justice before submitting to the Prime Minister for approval or approving under its authority the content of changes in the program or project documents in accordance with the provisions of law on management and use of ODA capital, preferential loans from foreign donors and non-governmental aid.
2. Amendments and supplements to legal cooperation program and project documents leading to changes in the Decision approving the Sponsorship List shall be carried out in accordance with the provisions of law on management and use of ODA, preferential loans from sponsors, foreign non-governmental aid and
Article 6 of this Decree .
Based on the Decision approving the Sponsorship List, the competent authority shall organize the appraisal and approval of changes in the legal documents of the cooperation program and project in accordance with the provisions of law on management and use of ODA, preferential loans from sponsors, foreign non-governmental aid and the provisions of this Decree.
Chapter III
IMPLEMENTING INTERNATIONAL COOPERATION ON LAW
Article 10. Developing annual plans for program and project implementation
1. Program and project owners shall develop annual program and project implementation plans in accordance with the provisions of law on management and use of ODA capital, preferential loans from foreign donors and non-governmental aid.
2. The program and project owner, through the competent authority, is responsible for sending the legal cooperation content in the annual program and project implementation plan to the Ministry of Justice within 05 working days from the date the plan is approved for synthesis and monitoring.
Article 11. Coordination in law making
1. Cooperation in law-making is carried out through the forms of providing experts, supporting information and documents, organizing surveys to serve law-making, organizing conferences and seminars on law-making using ODA capital, preferential loans from foreign donors, and foreign non-governmental aid.
2. The organization of conferences and seminars on law-making shall be carried out in accordance with the provisions of
Article 13 of this Decree .
3. After completing the activity, the competent authority shall be responsible for organizing the acceptance of output results and sharing information and results of international legal cooperation as prescribed in
Article 14 of this Decree .
Article 12. Cooperation in legal training and development
1. Cooperation in legal training and education is carried out through the following forms:
a) Provide consultancy to conduct research related to legal training and education;
b) Exchange of lecturers;
c) Organize surveys on legal training and development experiences; organize legal training and development courses.
2. The organization of conferences and seminars for the purpose of legal training and education shall be carried out in accordance with the provisions of
Article 13 of this Decree .
3. Other cooperation activities on legal training and development are carried out in accordance with the provisions of law.
4. After completing the activities, the competent authority shall be responsible for organizing the acceptance of output results and sharing information and results of international legal cooperation as prescribed in
Article 14 of this Decree .
Article 13. Organizing international conferences and seminars on law
The organization of international conferences and seminars on law is carried out in accordance with the provisions of law on organization and management of international conferences and seminars in Vietnam and the following provisions:
1. Vietnamese agencies and organizations, when organizing international conferences and seminars on law under the decision-making authority of the Prime Minister, and foreign organizations, when organizing international conferences and seminars on law, are responsible for:
a) Obtain written opinions from the Ministry of Justice and relevant agencies before organizing conferences and seminars. The Ministry of Justice and agencies receiving written requests for opinions are responsible for responding in writing within no more than 15 days from the date of receipt of written requests for opinions on organizing conferences and seminars;
b) Send a summary report on the results of organizing conferences and seminars to the Ministry of Justice within 15 days from the end date of the conference or seminar.
2. After the conference or workshop ends, the agencies and organizations hosting the conference or workshop are responsible for sharing information and results of international cooperation on law according to the provisions of
Article 14 of this Decree .
3. The dossier requesting opinions on organizing international conferences and seminars on law includes:
a) Document requesting opinions;
b) Plans and projects to organize international conferences and seminars on law in accordance with the provisions of law on organization and management of international conferences and seminars in Vietnam;
c) Other explanatory documents (if any).
4. The Minister of Justice shall prescribe the form of summary report on the results of organizing international conferences and seminars on law.
Article 14. Sharing information and results of international cooperation on law
1. The competent authority shall send the results of international legal cooperation to the Ministry of Justice for synthesis, updating the database on international legal cooperation, posting on the Ministry of Justice's electronic information portal and sharing information in one of the following forms:
a) Post information and results of international legal cooperation on the electronic information portal of agencies and organizations;
b) Printing and distributing publications on the results of international cooperation on law;
c) Other forms as prescribed by law.
2. The sharing of information and results of international cooperation on law must ensure compliance with the provisions of law on protection of state secrets and other relevant legal provisions.
Chapter IV
MONITORING AND EVALUATING THE IMPLEMENTATION OF INTERNATIONAL COOPERATION ON LAW
Article 15. Responsibility for monitoring and evaluating the implementation of international legal cooperation
1. The Program and Project Management Board is responsible for regularly monitoring and evaluating legal cooperation programs and projects.
2. The program and project owner is responsible for directing, urging, and supporting the Program and Project Management Board in monitoring and evaluating legal cooperation programs and projects.
3. The competent authority shall preside over planning, coordinate with relevant agencies to implement or hire consultants to assess the impact of legal cooperation programs and projects.
4. The Ministry of Justice shall preside over and coordinate with relevant agencies to build and operate an information system to monitor and evaluate programs and projects, facilitate information sharing and exploit this system.
Article 16. Reporting regime
1. The program and project owner must prepare a report on the completion of the legal cooperation program and project within 06 months from the end date of the program and project and send it to the Ministry of Planning and Investment and the Ministry of Justice for synthesis and monitoring.
2. Annually, the competent authority shall be responsible for sending the Ministry of Justice a report on the implementation of international legal cooperation no later than January 15 of the following year according to the unified form issued by the Ministry of Justice.
3. The Ministry of Justice is responsible for synthesizing and preparing a report on the situation of international legal cooperation nationwide, submitting it to the Prime Minister no later than the last day of February of the following year and sending it to the Ministry of Planning and Investment for synthesis and monitoring.
Article 17. Inspection and supervision of the implementation of international legal cooperation
1. Ministries, ministerial-level agencies, and provincial People's Committees are responsible for inspecting the implementation of international legal cooperation in their sectors, fields, and localities.
2. The Ministry of Justice shall conduct regular and surprise inspections of the implementation of international legal cooperation nationwide. If necessary, the Ministry of Justice shall establish an interdisciplinary inspection team consisting of representatives of relevant agencies.
3. Unscheduled inspections are conducted when agencies and organizations are found to have signs of violating the law, at the request of handling complaints and denunciations, preventing and combating corruption, or at the request of the Minister of Justice.
4. During the inspection process, if any violations are detected, the inspection agency has the right to handle them according to its authority or recommend that the competent authority handle them according to the provisions of law.
5. Inspection of the implementation of international legal cooperation is carried out in accordance with the provisions of law on inspection.
Article 18. Handling of violations
1. Agencies and organizations participating in international cooperation on law that commit administrative violations shall be sanctioned according to the provisions of the law on sanctioning administrative violations.
2. A legal program, project, or non-project aid shall be temporarily suspended if it fails to carry out activities within the framework of the legal program, project, or non-project aid for 12 consecutive months from the date the legal program, project, or non-project aid is approved, unless permitted by a competent authority.
3. Legal programs, projects and non-project aid are suspended in whole or in part when one of the following cases occurs:
a) The implementation of programs, projects, and non-project aid as prescribed by law that harms independence, sovereignty, unity, territorial integrity, national security, social order and safety;
b) Not carrying out activities within the framework of a legal program, project, or non-project aid for 24 consecutive months from the date the legal program, project, or non-project aid is approved, except in cases permitted by a competent authority.
4. Upon detecting violations of the provisions in Clause 2 and Clause 3 of this Article, the Ministry of Justice shall recommend that the competent authority approving the program, project, or non-project aid in accordance with the provisions of law suspend or terminate the program, project, or non-project aid.
5. The Minister of Justice shall specify in detail the procedures for suspending and terminating programs, projects, and non-project aid in accordance with the provisions of law.
Chapter V
RESPONSIBILITIES OF AGENCIES AND ORGANIZATIONS IN MANAGING INTERNATIONAL COOPERATION ON LAW
Article 19. Responsibilities of the Ministry of Justice
The Ministry of Justice assists the Government in unified state management of international legal cooperation, with the following specific duties and powers:
1. Preside over drafting and submitting to competent state agencies for promulgation or promulgate under authority legal documents on international legal cooperation.
2. Establish and maintain the activities of the Legal Partners Group.
3. Review and comment on draft documents of legal cooperation programs and projects.
4. Dissemination and popularization of laws on international legal cooperation.
5. Monitor, urge, inspect and examine the implementation of international cooperation on law; preside over the organization of interdisciplinary inspection teams to inspect the implementation of international cooperation on law.
6. Annually report to the Prime Minister on the implementation of international legal cooperation nationwide.
7. Other duties and powers as prescribed by law.
Article 20. Responsibilities of the Ministry of Planning and Investment
The Ministry of Planning and Investment shall coordinate with the Ministry of Justice to perform state management of international legal cooperation, with the following duties and powers:
1. Request the Ministry of Justice and relevant agencies to comment on the Outline of the legal cooperation program and project in the Funding List under the approval authority of the Prime Minister.
2. Require competent authorities to seek the appraisal opinion of the Ministry of Justice on program and project documents under the approval authority of the Prime Minister before submitting them to the Prime Minister for approval.
3. Participate in the interdisciplinary inspection team at the request of the Ministry of Justice.
4. Other duties and powers as prescribed by law.
Article 21. Responsibilities of the Ministry of Public Security
The Ministry of Public Security shall preside over and coordinate with the Ministry of Justice and relevant agencies in managing international legal cooperation activities and shall have the following duties and powers:
1. Participate in reviewing and giving opinions on legal cooperation program and project documents and ensuring security and order in the process of international legal cooperation in accordance with the provisions of law.
2. Participate in the interdisciplinary inspection team at the request of the Ministry of Justice.
3. Other duties and powers as prescribed by law.
Article 22. Responsibilities of the Ministry of Foreign Affairs
The Ministry of Foreign Affairs is responsible for coordinating with the Ministry of Justice and relevant agencies to manage international legal cooperation activities, with the following duties and powers:
1. Participate in mobilizing ODA, preferential loans and foreign non-governmental aid in the legal field.
2. Participate in the interdisciplinary inspection team at the request of the Ministry of Justice.
3. Other duties and powers as prescribed by law.
Article 23. Responsibilities of the Vietnam Union of Friendship Organizations
1. Perform duties and powers in managing international cooperation on the law on the use of foreign non-governmental aid in accordance with the provisions of law on the management and use of foreign non-governmental aid.
2. Preside over and coordinate with the Ministry of Justice, ministries, ministerial-level agencies, provincial People's Committees and relevant agencies and organizations to mobilize foreign non-governmental legal aid.
3. Participate in the interdisciplinary inspection team at the request of the Ministry of Justice.
Article 24. Responsibilities of ministries and ministerial-level agencies
1. Perform duties and powers in managing international cooperation on the law on the use of ODA capital, preferential loans from foreign donors and non-governmental aid in accordance with the provisions of law on the management and use of ODA capital, preferential loans from foreign donors and non-governmental aid.
2. Synthesize, evaluate and inspect the implementation of international legal cooperation within the scope of the Ministry and sector according to the provisions of this Decree and relevant legal provisions.
Article 25. Responsibilities of the Provincial People's Committee
1. The People's Committee at the provincial level manages international legal cooperation activities in the locality, with the following duties and powers:
a) Perform duties and powers in managing legal cooperation programs and projects using ODA sources, preferential loans from sponsors and foreign non-governmental aid in the locality according to the provisions of law on management and use of ODA, preferential loans from sponsors and foreign non-governmental aid - Government aid - Government aid;
b) Organize and mobilize within authority or support the mobilization of ODA capital sources, preferential loans from sponsors, and foreign non-governmental aid on local law when requested by the Ministry of Justice;
c) Synthesize, evaluate and inspect the implementation of international legal cooperation locally in accordance with the provisions of law.
2. The Department of Justice is responsible for assisting the Provincial People's Committee in state management of international legal cooperation in the locality.
Article 26. Responsibilities of competent authorities
1. Send to the Ministry of Justice for comments on the Outline of the legal cooperation program and project in the Funding List under the approval authority of the competent authority specified in
Article 6 of this Decree .
2. Submit to the Ministry of Justice for appraisal and comments on legal cooperation program and project documents as prescribed in
Article 7 of this Decree .
3. Approve programs, projects, and non-project aid in accordance with the law.
4. Manage the implementation, monitoring and evaluation of programs, projects and non-project aid in accordance with the provisions of this Decree and relevant legal provisions.
5. Be public, transparent and responsible for the effective use of ODA, preferential loans, foreign non-governmental aid; the effectiveness and progress of international legal cooperation directly managed and implemented by oneself.
6. Implement regulations on protecting state secrets, regulations on information and propaganda in the process of international cooperation on law.
7. Share information and results of international cooperation on law as prescribed in
Article 14 of this Decree .
8. Fully implement the reporting regime as prescribed in
Article 16 of this Decree and relevant legal provisions.
9. Perform other duties and powers as prescribed by law.
Chapter VI
TERMS OF PERFORMANCE
Article 27. Entry into force
This Decree takes effect from March 1, 2015 and replaces Decree No.
78/2008/ND-CP dated July 17, 2008 of the Government on management of legal cooperation activities with foreign countries.
Article 28. Responsibility for implementation
Ministers, Heads of ministerial-level agencies, Heads of Government agencies, Chairmen of People's Committees of provinces and centrally run cities and relevant agencies and organizations are responsible for implementing this Decree./.
Recipients:
- Central Party Secretariat;
- Prime Minister, Deputy Prime Minister; - Ministries, ministerial-level agencies, agencies under the Government; - People's Councils, People's Committees, Departments of Justice of provinces and centrally run cities; - Central Office and Party Committees; - Office of the General Secretary; - Office of the President; - Ethnic Council and Committees of the National Assembly; - Office of the National Assembly; - Supreme People's Court; - Supreme People's Procuracy; - State Audit; - National Financial Supervision Committee; - Vietnam Bank for Social Policies; - Vietnam Development Bank; - Central Committee of the Vietnam Fatherland Front; - Central agencies of mass organizations; - Government Office: BTCN, PCN, Assistant to the Prime Minister, General Director of the Government Electronic Information Portal, Departments, Bureaus, affiliated units, Official Gazette; - Archive: Documents, PL (3b). |
ON
BEHALF OF THE GOVERNMENT PRIME MINISTER
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