Điều ước quốc tế Khongso

AGREEMENT ON COOPERATION

BETWEEN THE MINISTRY OF JUSTICE OF THE SOCIALIST REPUBLIC OF VIET NAM AND THE MINISTRY OF PUBLIC ADMINISTRATION AND JUSTICE OF HUNGARY

The Ministry of Justice of the Socialist Republic of Viet Nam and the Ministry of Public Administration and Justice of Hungary (hereinafter referred to as “the Parties”),

With the view to strengthen and widen the bilateral cooperation between the Parties in the legal and judicial areas;

Believing in the cooperation in those areas that set out important premises and motivation for further technical cooperation in areas of mutual interests of the Parties;

Have agreed as follows:

Article 1

Contents of Cooperation

Within the limits of competency and in accordance with national laws as well as international obligations which the Parties have committed, the Parties shall commence cooperation in the following areas:

1. Improvement of the organization and operation of the judicial agencies and the quasi-judicial institutions;

2. Exchange of experience in the state management in the legal and judicial areas in order to support the development of legal aid system, legal services, improvement of the operation of the judicial agencies of the Parties to ensure the rights and legal interests of citizens and legal entities of the two countries;

3. Training on law enforcement and implementation skills for officials of justice agencies;

4. Exchange of experiences in drafting laws and other normative legal documents, particularly experiences in development and completion of the legal and judicial system in the period of transition and integration into the world’s economy and build up of the rule of law state;

5. Enhancement of the implementation of the Treaty on Mutual Judicial Assistances in the civil, family and criminal matters signed between the Parties;

6. Exchange of experiences in applying information technology in public administration and judicial proceedings;

7. Cooperation in other areas of mutual interest of the Parties, in conformity with national laws and international commitments of each of the Parties.

Article 2

Forms of Cooperation

The Parties shall cooperate in the following forms:

1. Exchange of delegations of officials of the Ministries of the two Parties every two years on a voluntary basis in each country;

2. Exchange of experts for the purpose of research, study visits and exchange of experiences between the Parties;

3. Organization of conferences and seminars on issues of mutual interests of the Parties;

4. Coordination of positions at multilateral forums in the judicial area;

5. Exchange of materials and publications in the legal and judicial areas upon request of a Party;

6. Other forms of cooperation, which both Parties desire.

Article 3

Focal points

Each of the Parties assigns the following agency acting as its focal point during the implementation of the Agreement:

From Ministry of Justice of Viet Nam: the International Cooperation Department;

From Ministry of Public Administration and Justice of Hungary: Office of the Deputy State Secretary of EU and International Judicial Cooperation.

Article 4

Information Regulation

1. Each Party ensures confidentiality of information and documents, when received from the other Party, if the other Party wishes for this information and documents to be confidential. The level of classification of such information and documents is decided by the sending Party;

2. Information and documents received in accordance with this Agreement, without agreement of the sending Party, cannot be used for any purpose other than the ones for which they were requested;

3. Each Party may only transfer information and documents it received from the other Party to a third party in accordance with this Agreement if the information and documents concerned is publicly used in the country of origin, and if the other specifically permits public use.

Article 5

Language

The Parties, during the cooperation in the framework of this Agreement, shall use the English language unless the Parties otherwise agree to specific cooperation activities.

Article 6

Finance

1. The implementation of cooperation activities are conducted within the capacity of human, institutional and financial resources of each Party.

2. In principle, each Party shall bear its own costs resulting from the cooperation except other agreement for specific activity between the Parties.

Article 7

Evaluation of Implementation

1. Once two years, the Parties will organize meetings to evaluate the implementation of this Agreement and exchange ideas and solutions to improve the efficiency of cooperation.

2. Timing and methods for evaluation of the implementation of this Agreement will be agreed by the Focal points of the Parties.

Article 8

Amendment, Supplements and Termination

1. This Agreement may be amended or supplemented by written notice of the Parties.

2. Each Party may terminate this Agreement at any time by giving written notice to the other Party. Such termination shall come into effect 6 (six) months after the date of receipt of the notice.

Article 9

Entry into Force

This Agreement shall be in force for 5 (five) years from the date of signing and shall be automatically extended every five years.

Done in the city of Ha Noi on the 15 day of November 2012 in duplicate, each in Vietnamese, Hungarian and English languages, all texts being equally authentic. In case of any divergence in interpretation, the English text shall prevail.