Nghị định 113/2014/ND-CP

Decree No. 113/2014/ND-CP dated November 26, 2014, on the management of international legal cooperation

Nội dung toàn văn Decree No. 113/2014/ND-CP on the management of international legal cooperation


THE GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 113/2014/ND-CP

Hanoi, November 26, 2014

 

DECREE

ON THE MANAGEMENT OF INTERNATIONAL LEGAL COOPERATION

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the December 16, 2002 Law on State Budget;

Pursuant to the June 17, 2009 Law on Public Debt Management;

Pursuant to the June 14, 2005 Law on Conclusion, Accession to and Implementation of Treaties;

Pursuant to the April 20, 2007 Ordinance on Conclusion and Implementation of International Agreements;

At the proposal of the Minister of Justice,

The Government promulgates the Decree on the management of international legal cooperation.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree prescribes the management of international cooperation of Vietnamese agencies or organizations with foreign agencies or organizations and international organizations in lawmaking work; legal training and retraining; organization of conferences, seminars and workshops on law within the framework of programs and projects or non-project aid.

Article 2. Principles of international legal cooperation

1. To abide by the Vietnamese Constitution and law, to conform with treaties to which Vietnam is a contracting party, ensure independence, sovereignty, unity, territorial integrity, national security, social order and safety.

2. To ensure publicity, transparency and accountability in implementing international legal cooperation activities.

3. To ensure equality and non-interference in each other’s internal affairs.

4. To ensure efficiency, practicality and non-repetition.

5. To raise the responsibility of heads of managing agencies for ensuring the legality and efficiency in the receipt, management and use of official development assistance (ODA), preferential loans of donors and foreign non-governmental aid in international legal cooperation.

6. The formulation, approval, management and implementation of legal programs and projects and non-project aid must comply with this Decree, the law on management and use of ODA, preferential loans of donors and foreign non-governmental aid and other relevant legal documents.

Article 3. Legal program-, project- and non-project aid-managing agencies

1. Agencies managing legal programs and projects or non-project aid (below referred to as managing agencies for short) means agencies or organizations defined in legal documents on management and use of ODA, preferential loans of donors and foreign non-governmental aid.

2. The managing agencies have the tasks and powers prescribed in this Decree and legal documents on management and use of ODA, preferential loans of donors and foreign non-governmental aid.

Article 4. Mobilization of ODA, preferential loans of donors and non-governmental aid of foreign governments in international legal cooperation

1. Agencies and organizations are encouraged to mobilize ODA, preferential loans of donors and foreign non-governmental aid in accordance with law.

2. The mobilization of ODA, preferential loans of donors and foreign non-governmental aid in legal international cooperation shall be carried out on the following bases:

a/ Strategies on socio-economic development, strategies on building and improvement of the legal system, strategies on legal reform, and national strategies on public debts and foreign debts;

b/ Orientations for attraction and use of ODA, preferential loans of donors and orientations for mobilization of foreign non-governmental aid;

c/ Law on management and use of ODA, preferential loans of donors and foreign nongovernmental aid.

3. Ministries, ministerial-level agencies and provincial-level People’s Committees shall assume the prime responsibility for, and coordinate with the Ministry of Justice, the Ministry of Planning and Investment, the Ministry of Foreign Affairs, and the Union of Vietnamese Friendship Organizations in, organizing the mobilization of ODA, preferential loans of donors and foreign non-governmental aid in international legal cooperation in each ministry, sector or locality.

4. In the course of mobilizing ODA, preferential loans of donors and foreign nongovernmental aid in international legal cooperation, the Ministry of Justice shall assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment, the Ministry of Foreign Affairs and related agencies in, organizing the Legal Development Cooperation Forum; organizing meetings of the Legal Partnership Group; and making lists of priority fields in legal cooperation.

Chapter II

FORMULATION AND APPROVAL OF LEGAL COOPERATION PROGRAMS AND PROJECTS

Article 5. Legal cooperation programs and projects

Legal cooperation programs and projects are cooperation programs and projects which fully or partially include the contents on lawmaking; legal training and retraining; and organization of international legal conferences or seminars.

Article 6. Formulation of the outlines of legal cooperation programs and projects and aid lists

1. The managing agencies shall assume the prime responsibility for the formulation of the outlines of legal cooperation programs and projects in accordance with the law on management and use of ODA and preferential loans of donors.

2. The Ministry of Planning and Investment (for aid lists falling under the approving competence of the Prime Minister) and the managing agencies (for aid lists falling under their respective approving competence) shall consult the Ministry of Justice and related agencies and organizations on the outlines of legal cooperation programs and projects.

The Ministry of Justice and related agencies or organizations which are consulted shall issue written replies within the time limits prescribed in legal documents on management and use of ODA and preferential loans of donors.

3. The submission and approval of aid lists must comply with the law on management and use of ODA and preferential loans of donors.

Within 5 working days after the aid lists are approved, the Ministry of Planning and Investment (for aid lists under the approving competence of the Prime Minister) and the managing agencies (for aid lists under their respective approving competence) shall send notices of the aid lists or the decisions approving the aid lists enclosed with the outlines of legal cooperation programs and projects to the Ministry of Justice for summarization and monitoring.

Article 7. Appraisal of, comment on, legal cooperation program and project documents

1. The managing agencies shall send legal cooperation program and project documents to the Ministry of Justice for appraisal (for program and project documents to be approved by the Prime Minister) or for comment (for program and project documents to be approved by heads of the managing agencies).

2. The contents to be appraised or commented in a legal cooperation program or project document include:

a/ The constitutionality and legality of the legal cooperation program or project; the conformity of the legal cooperation program or project with treaties to which Vietnam is a contracting party;

b/ The non-repetition of other legal cooperation programs or projects;

c/ The necessity and feasibility of the legal cooperation contents in the program or project;

d/ The conformity of the program’s or project’s objectives and contents with the project- implementing functions, tasks and capability of the managing agency.

3. The Ministry of Justice shall send its comments to the managing agencies within 12 days after the receipt of complete valid dossiers, unless otherwise prescribed by law.

4. The managing agencies shall study and assimilate the appraisal opinions and comments of the Ministry of Justice or give explanations if they decline to accept them.

5. The Minister of Justice shall prescribe in detail the process and dossiers for appraisal of and comment on legal cooperation program or project documents.

Article 8. Approval of legal cooperation program or project documents

1. The submission and approval of legal cooperation program or project documents must comply with the law on management and use of ODA, preferential loans of donors and foreign non-governmental aid.

2. Within 5 working days after the legal cooperation program or project documents are approved by competent authorities, the managing agencies shall send to the Ministry of Justice the approval decisions enclosed with the approved legal cooperation program or project documents.

Article 9. Modification and supplementation of legal cooperation program or project documents

1. If the modification and supplementation of legal cooperation program or project documents do not lead to the alteration of aid list-approving decisions, the managing agencies shall consult the Ministry of Justice before submitting them to the Prime Minister for approval or approve them according to their competence the changes in legal cooperation program or project documents under the law on management and use of ODA, preferential loans of donors and foreign non-governmental aid.

2. If the modification and supplementation of legal cooperation program or project documents lead to the alteration of aid list-approving decisions, the law on management and use of ODA, preferential loans of donors and foreign non-governmental aid and Article 6 of this Decree will apply.

Based on the aid list-approving decisions, the managing agencies shall organize the appraisal and approval of changes in the legal cooperation program or project documents under the law on management and use of ODA, preferential loans of donors and foreign nongovernmental aid and this Decree.

Chapter III

IMPLEMENTATION OF INTERNATIONAL LEGAL COOPERATION

Article 10. Formulation of annual plans on program or project implementation

1. Program or project owners shall formulate annual plans on program or project implementation in accordance with the law on management and use of ODA, preferential loans of donors and foreign non-governmental aid.

2. Program or project owners shall, via the managing agencies, send the parts on legal cooperation contents in annual program or project implementation plans within 5 working days after the plans are approved to the Ministry of Justice for summarization and monitoring.

Article 11. Cooperation on lawmaking

1. Cooperation on lawmaking shall be implemented in the form of supply of specialists, support in information and documents, organization of surveys for lawmaking and organization of lawmaking conferences or seminars with the use of ODA, preferential loans of foreign donors or foreign non-governmental aid.

2. The organization of conferences and seminars on lawmaking must comply with Article 13 of this Decree.

3. Upon completion of activities, the managing agencies shall organize pre-acceptance tests for their outcomes and share legal cooperation information and results under Article 14 of this Decree.

Article 12. Cooperation on legal training and retraining

1. Legal training and retraining cooperation shall be implemented in the following forms:

a/ Supply of consultants to conduct researches related to legal training and retraining;

b/ Exchange of lecturers;

c/ Organization of surveys on legal training and retraining experience; organization of legal training and refraining courses.

2. The organization of conferences and workshops to provide legal refraining and training must comply with Article 13 of this Decree.

3. Other legal training and refraining cooperation activities must comply with law.

4. Upon completion of activities, the managing agencies shall organize pre-acceptance tests for their outcomes and share legal cooperation information and results under Article 14 of this Decree.

Article 13. Organization of international legal conferences and seminars

The organization of international legal conferences and seminars must comply with the law on organization and management of international conferences and seminars in Vietnam and the following provisions:

1. Vietnamese agencies or organizations, when organizing international legal conferences or seminars to be decided by the Prime Minister, and foreign organizations, when organizing international legal conferences, shall:

a/ Collect written comments of the Ministry of Justice and related agencies before organizing the conferences or seminars. The Ministry of Justice and agencies receiving written requests shall, within 15 days after the receipt thereof, shall issue written replies;

b/ Within 15 days after the end of conferences or seminars, send brief reports on results of conferences or seminars to the Ministry of Justice.

2. Upon conclusion of conferences or seminars, organizing agencies or organizations shall share their legal cooperation information and results under Article 14 of this Decree.

3. A dossier of request for comment on organization of an international legal conference or seminar must comprise:

a/ A written request for comment;

b/ The plan on organization of the international legal conference or seminar as prescribed by the law on organization and management of international conferences and seminars in Vietnam;

c/ Other explanatory documents (if any).

4. The Minister of Justice shall set the form of brief report on results of organizing international legal conferences or seminars.

Article 14. Sharing of international legal cooperation information and results

1. The managing agencies shall send legal cooperation results to the Ministry of Justice for summarization and update on the legal international cooperation database and publication on its portal, and share information in one of the following forms:

a/ Publishing international legal cooperation information and results on their portals;

b/ Printing and publishing publications on international legal cooperation results;

c/ Other forms prescribed by law.

2. The sharing of international legal cooperation information and results must comply with the law on protection of state secrets and other relevant laws.

Chapter IV

SUPERVISION AND ASSESSMENT OF INTERNATIONAL LEGAL COOPERATION

Article 15. Responsibility to supervise and assess international legal cooperation

1. Program or project management boards shall regularly supervise and assess legal cooperation programs or projects.

2. Program or project owners shall direct, urge and support the program or project management boards in supervising and assessing their legal cooperation programs or projects.

3. The managing agencies shall assume the prime responsibility for planning, and coordinate with related agencies in, or hire consultants for, the assessment of impacts of legal cooperation programs or projects.

4. The Ministry of Justice shall assume the prime responsibility for, and coordinate with related agencies in, establishing and operating a system of information on program or project supervision and assessment to facilitate information sharing and exploitation of this system.

Article 16. Reporting regime

1. Program or project owners shall make reports on completion of legal cooperation programs or projects within 6 months after the completion of the programs or projects and send them to the Ministry of Planning and Investment and the Ministry of Justice for summarization and monitoring.

2. Annually, the managing agencies shall send to the Ministry of Justice reports on the implementation of international legal cooperation no later than January 15 of the subsequent year according to the set form set by the Ministry of Justice.

3. The Ministry of Justice shall summarize and make reports on international legal cooperation nationwide and submit them to the Prime Minister no later than the last day of February of the subsequent year and send them to the Ministry of Planning and Investment for summarization and monitoring.

Article 17. Examination and inspection of international legal cooperation

1. Ministries, ministerial-level agencies and provincial-level People’s Committees shall examine the international legal cooperation within their sectors or localities.

2. The Ministry of Justice shall conduct periodical and extraordinary examinations of the legal international cooperation nationwide. If necessary, it may form inter-disciplinary examination teams composed of representatives of related agencies.

3. Extraordinary examinations shall be conducted upon detecting that agencies or organizations show signs of law violation, or on the requirements of settlement of complaints, denunciations, corruption prevention and fighting, or at the request of the Minister of Justice.

4. In the course of examination, if detecting acts of violation, the examining agencies may handle them according to their competence or propose competent agencies to handle them in accordance with law.

5. The inspection of the international legal cooperation shall be conducted in accordance with the law on inspection.

Article 18. Handling of violations

1. Agencies and organizations involved in international legal cooperation that commit administrative violations shall be sanctioned under the law on sanctioning of administrative violations.

2. Legal programs or projects or non-project aid shall be suspended if they fail to operate within the framework of the approved legal programs, projects or non-project aid, unless it is so permitted by competent agencies.

3. Legal programs or projects or non-project aid shall be wholly or partially stopped in one of the following cases:

a/ The implementation of legal programs or projects or non-project aid gives rise to activities which cause harms to national independence, sovereignty, solidarity and territorial integrity, national security or social order and safety;

b/ No activities have been carried out within the framework of the legal programs or projects or non-project aid for 24 consecutive months after the legal programs or projects or non-project aid are or is approved, unless it is so permitted by competent agencies.

4. Upon detection of violations prescribed in Clauses 2 and 3 of this Article, the Ministry of Justice shall propose the agencies competent to approve legal programs or projects or non-project aid to suspend or stop the programs or projects or non-project aid.

5. The Minister of Justice shall prescribe in detail the order and procedures for suspending or stopping legal programs and projects and non-project aid.

Chapter V

RESPONSIBILITIES OF AGENCIES AND ORGANIZATIONS IN THE MANAGEMENT OF INTERNATIONAL LEGAL COOPERATION

Article 19. Responsibilities of the Ministry of Justice

The Ministry of Justice shall assist the Government in performing the unified state management of international legal cooperation, having the following specific tasks and powers:

1. To assume the prime responsibility for drafting, submitting to competent state agencies for promulgation or promulgating according to its competence legal documents on international legal cooperation.

2. To establish and maintain the operation of the Legal Partnership Group.

3. To appraise and comment on draft documents of legal cooperation programs and projects.

4. To disseminate the law on international legal cooperation.

5. To monitor, urge, examine and inspect the legal international cooperation; to assume the prime responsibility for organizing the inter-disciplinary teams to examine the international legal cooperation nationwide.

6. To annually report to the Prime Minister on the international legal cooperation nationwide.

7. Other tasks and powers 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 in performing the state management of international legal cooperation, having the following tasks and powers:

1. To propose the Ministry of Justice and related agencies to comment on the outlines of legal cooperation programs or projects in the aid lists to be approved by the Prime Minister.

2. To request the managing agencies to collect appraisal opinions of the Ministry of Justice on documents of programs and projects to be approved by the Prime Minister before submitting them to the Prime Minister for approval.

3. To join the inter-disciplinary inspection teams at the proposal of the Ministry of Justice.

4. Other tasks and powers prescribed by law.

Article 21. Responsibilities of the Ministry of Public Security

The Ministry of Public Security shall coordinate with the Ministry of Justice and related agencies in the management of international legal cooperation, having the following tasks and powers:

1. To participate in appraising and commenting on legal cooperation program or project documents and ensure security and order throughout the international legal cooperation in accordance with law.

2. To join inter-disciplinary inspection teams at the proposal of the Ministry of Justice.

3. Other tasks and powers prescribed by law.

Article 22. Responsibilities of the Ministry of Foreign Affairs

The Ministry of Foreign Affairs shall coordinate with the Ministry of Justice and related agencies in the management of international legal cooperation, having the following tasks and powers:

1. To participate in the mobilization of ODA, preferential loans of donors and foreign non-governmental aid in the legal field.

2. To join inter-disciplinary inspection teams at the proposal of the Ministry of Justice.

3. Other tasks and powers prescribed by law.

Article 23. Responsibilities of the Vietnam Union of Friendship Organizations

1. To perform the tasks and exercise the powers in the management of international legal cooperation financed with foreign non-governmental aid under the law on management and use of foreign non-governmental aid.

2. To assume the prime responsibility for, and coordinate with the Ministry of Justice, related ministries, provincial-level People’s Committees and other related agencies and organizations in, mobilizing law-related foreign non-governmental aid.

3. To join inter-disciplinary inspection teams at the proposal of the Ministry of Justice.

Article 24. Responsibilities of ministries and ministerial-level agencies

1. To perform the tasks and exercise the powers in the management of international legal cooperation financed with ODA, preferential loans of donors and foreign non-governmental aid in accordance with the law on management and use of ODA, preferential loans of donors and foreign non-governmental aid.

2. To summarize, evaluate and examine the implementation of international legal cooperation within their respective ministries or sectors in accordance with this Decree and relevant laws.

Article 25. Responsibilities of provincial-level People’s Committees

1. Provincial-level People’s Committees shall manage international legal cooperation in their localities, having the following tasks and powers:

a/ To perform the tasks and exercise the powers in the management of legal cooperation programs or projects financed with ODA, preferential loans of donors and foreign nongovernmental aid in localities in accordance with the law on management and use of ODA, preferential loans of donors and foreign non-governmental aid;

b/ To organize the mobilization according to their competence or to support the mobilization of law-related ODA, preferential loans of donors and foreign non-governmental aid in their localities at the request of the Ministry of Justice;

c/ To summarize, evaluate and examine the international legal cooperation in localities in accordance with law.

2. Provincial-level Departments of Justice shall assist their provincial-level People’s Committees in performing the state management of international legal cooperation in localities.

Article 26. Responsibilities of managing agencies

1. To send to the Ministry of Justice for comment the outlines of legal cooperation programs and projects in the aid lists to be approved by the managing agencies under Article 6 of this Decree.

2. To send to the Ministry of Justice for appraisal or comment legal cooperation program or project documents under Article 7 of this Decree.

3. To approve law-related programs and projects and non-project aid according to their competence.

4. To manage the implementation of, to supervise and assess, legal programs and projects or non-project aid under this Decree and relevant laws.

5. To publicize, ensure transparency and be accountable for the use efficiency of ODA, preferential loans and foreign non-governmental aid; the efficiency and progress of international legal cooperation directly managed and implemented by themselves.

6. To observe the regulations on protection of state secrets, information and dissemination in the course of international legal cooperation.

7. To share international legal cooperation information and results under Article 14 of this Decree.

8. To folly observe the reporting regime prescribed in Article 16 of this Decree and relevant laws.

9. To perform other tasks and exercise other powers prescribed by law.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 27. Effect

This Decree takes effect on March 1, 2015, replacing the Government’s Decree No. 78/2008/ND-CP of July 17, 2008, on management of legal cooperation with foreign countries.

Article 28. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees and related agencies and organizations shall implement this Decree.-

 

 

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Nguyen Tan Dung

 

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