Nghị định 103/1998/ND-CP

DECREE

ON THE MANAGEMENT OF LEGAL COOPERATION WITH FOREIGN COUNTRIES

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated September 30, 1992
At the proposal of the Minister of Justice,

DECREES

Chapter I

GENERAL PROVISIONS

Article 1- Scope of regulation

This Decree shall apply to legal cooperation activities undertaken by the ministries, the ministerial-level agencies, the agencies attached to the Government and the central-level bodies of socio-political organizations and social organizations (hereafter referred to as ''Vietnamese agencies and organizations'') with governmental agencies, international organizations and non-governmental organizations of foreign countries (hereafter referred to as "foreign agencies and organizations").

The units attached to Vietnamese agencies and organizations mentioned in this Article shall undertake legal cooperation with foreign countries in the name of their respective managing agencies and organizations.

Article 2

1. Legal cooperation with foreign countries must be undertaken on the principle of ensuring national independence, sovereignty and security, the observance of the Constitution, laws and national

2. Legal cooperation with foreign countries must be undertaken on the basis of programs, plans and/or projects concluded in writing between Vietnamese agencies and/or organizations and foreign agencies and/or organizations after permission is granted by competent Vietnamese

The contents of cooperation programs, plans and/or projects must be based on the Party's and the State's guidelines; policies and strategies for socio-economic development, the National Assembly's legislative program and the priority level of the issues for cooperation and the cooperation capability of Vietnamese agencies and organizations as well as foreign agencies and organizations.

3. The formulation, permission for the signing and execution of cooperation programs, plans and/or projects shall comply with the provisions of this Decree, the Regulation on management and use of official development aid (ODA) issued together with Decree No.87/CP of August 5, 1997 and the relevant legal documents.

Article 3

The activities of legal cooperation with foreign countries stipulated in this Decree include:

1. Studying and gathering information and experiences necessary for the compilation of and amendments and supplements to the legal documents

3. Providing professional training and fostering courses to officials and public employees engaged in the compilation of legal documents, judges, court secretaries, procurators, investigators, executors, penal judgment executing officials, arbitrators, notaries public, lawyers and other judicial titles;

4. Teaching law at university and post-graduate classes;

5. Organizing conferences, seminars and symposiums on legal matters not associated with cooperation activities mentioned in Points 1, 2, 3 and 4 of this Article;

6. Regularly exchanging law-related documents, including curricula, text books, lectures, legal documents and specialized reference books on law.

Article 4

1. The Government shall exert uniform management of the legal cooperation with foreign countries, including the following activities:

a) Promulgating judiciary documents on legal cooperation with foreign countries;

b) Deciding the cooperation policies and orientation;

c) Directing the negotiation, signing and execution of cooperation programs, plans and/or projects;

2. The Prime Minister shall decide the following issues:

b) Deciding the negotiation, signing, amendment, supplement, extension, suspension or cancellation of legal cooperation programs, plans and/or project with foreign countries which are signed in the name of the Government;

c) Approving the policies to negotiate, sign, amend, supplement, extend, suspend or cancel legal cooperation programs, plans and/or projects with foreign countries of Vietnamese agencies and/or organizations defined in Article 1 of this Decree;

d) Giving his comments on legal cooperation programs, plans and/or projects with foreign countries of the agencies attached to the National Assembly, the Supreme People's Court, the Supreme People's Procuracy and other agencies and organizations, when so requested.

Article 5

The Ministry of Justice, when assisting the Government in the uniform management of the legal cooperation activities with foreign countries, shall

1. To compile and submit to the competent State

2. To formulate and submit to the Government policies and orientations for legal cooperation with foreign countries;

3. To sum up and regulate the contents of legal cooperation programs, plans and/or projects with foreign countries;

4. To evaluate the contents of cooperation programs, plans and/or projects, including the amendments and supplements to or extension of such cooperation programs, plans and/or projects;

5. To coordinate with the Ministry of Planning and Investment, the Ministry for Foreign Affairs and the Ministry of Public Security in monitoring, inspecting and evaluating the execution of the contents of legal cooperation programs, plans and/or project with foreign countries;

6. To guide, urge and inspect the Vietnamese agencies and organization defined in Article 1 of this Decree in their cooperation activities in accordance with the provisions of this Decree and propose to the Prime Minister appropriate handling measures against violations as prescribed in Articles 15 and 16 of this Decree.

Article 6

1. The Ministry of Planning and Investment shall perform management over the legal cooperation programs, plans and/or projects with foreign countries

2. The Ministry for Foreign Affairs, the Ministry of Public Security, the Ministry of Finance and other ministries, the ministerial-level agencies and the agencies attached to the Government shall perform management over the cooperation programs, plans and/or projects in accordance with provisions of law, and shall have to coordinate with the Ministry of Justice in performing the management over the legal cooperation with foreign countries in accordance with provisions of this Decree.

Article 7- Responsibilities of Vietnamese agencies and organizations in undertaking legal cooperation activities with foreign countries

The Vietnamese agencies and organizations shall take responsibility for selecting their partners and the cooperation contents and efficiently executing the programs, plans and/or projects for legal cooperation with foreign countries which have been signed and ensuring strict observance of cooperation principles specified in Article 2 of this Decree.

Chapter II

FORMULATION, PERMIT APPLICATION AND EXECUTION OF PROGRAMS, PLANS AND/OR PROJECTS FOR LEGAL COOPERATION WITH FOREIGN COUNTRIES

Article 8

1. Vietnamese agencies and/or organizations that wish to undertake legal cooperation with foreign countries and have found cooperation partners shall have to coordinate with the Ministry of Planning and Investment, the Ministry of Justice and the concerned agencies in formulating cooperation contents in the form of programs, plans and/or projects for legal cooperation with foreign countries.

2. In cases where Vietnamese agencies and/or organizations wish to undertake legal cooperation but have not found foreign partners, they may ask the Ministry of Justice or the Ministry of Planning and Investment to help them in search for partners.

Article 9

Enclosed with the official dispatches requesting evaluation must be draft cooperation programs, plans and/or projects, written explanations, documents evidencing the commitments of foreign agencies and/or organizations and the comments of concerned ministries and branches on such cooperation programs, plans and/or projects.

2. The Ministry of Justice's evaluation opinions regarding the cooperation programs, plans and/or projects shall be focused on the following contents:

a) The compatibility of the cooperation objectives, contents and forms as well as expected results of the cooperation programs, plans and/or projects with the socio-economic guidelines, policies and strategies of the Party and the State, the legislation program of the National Assembly, the priority level of the issues for cooperation and the functions and tasks of the involved Vietnamese agencies and/or organizations;

b) Status, professional capability and cooperation experience of foreign agencies and/or organizations;

c) Socio-economic efficiency of the execution of cooperation programs, plans and/or projects;

d) Possible disadvantages of cooperation programs, plans and/or projects.

3. Within 15 days after receiving the complete dossier, the Ministry of Justice shall have to send its written evaluation to the agency and/or organization that has requested the evaluation.

Article 10

1. The submission to the Prime Minister for consideration and decision of cooperation programs, plans and/or projects using ODA source must comply with the order and procedures prescribed in the Regulation on ODA management and use and the documents guiding the implementation of this Regulation, and must be accompanied by the Ministry of Justice's written evaluation.

2. For cooperation programs, plans and/or projects without ODA source, after receiving the Ministry of Justice's written evaluation, the Vietnamese agencies and/or organizations shall submit written reports thereon to the Prime Minister for consideration and decision.

Apart from the Ministry of Justice's written evaluation, the reports must be enclosed with the comments of the Ministry for Foreign Affairs regarding the conclusion of international agreements and of the Ministry of Finance regarding the contributions by Vietnamese agencies and organizations.

3. The Prime Minister shall consider and decide on the cooperation programs, plans and/or projects in accordance with Points a, b and c, Clause 2, Article 4 of this Decree.

Article 11

1. Vietnamese agencies and/or organizations shall commence the execution of the cooperation programs, plans and/or projects only after the signed documents take legal effect.

2. The cooperation contents and specific activities of the cooperation programs, plans and/or project shall be performed only after careful preparations, in order to ensure the expected results, high and practical efficiency and set objectives, and the protection of the State secrets.

3. The procedures for deciding to send delegations abroad or to invite delegations into the country and the supply of information according to cooperation programs, plans and/or projects must comply with current provisions of law.

4. In the course of execution, the Vietnamese agencies and/or organisations shall have to constantly and closely coordinate with the Ministry of Justice, the Ministry of Public Security,

Article 12

1. In the Course of execution, if the need arises to make amendments and/or supplements to or readjustment of programs, plans and/or projects for legal cooperation with foreign countries that change the objectives of such cooperation programs, plans and/or projects or change the contents of already signed international agreements, the Vietnamese agencies and/or organizations shall conduct the procedures for evaluating such amendments, supplements or readjustment, then submit them to the Prime Minister for consideration and decision in accordance with Articles 9 and 10 of this Decree.

2. In cases where the amendments, supplements and/or readjustments do not change the objectives of cooperation programs, plans and/or projects nor the

contents of the already signed international agreements, the Vietnamese agencies and/or organizations shall be entitled to decide by themselves, after consulting the Ministry of Justice; if the amendments and/or supplements to or readjustments of cooperation programs, plans and/or projects are related to the use of ODA or financial contributions by Vietnam, comments of the Ministry of Planning and Investment or the Ministry of Finance are also required.

Article 13

1. Even six months and annually, the Vietnamese agencies and/or organizations shall submit to the Prime Minister and at the same send to the Ministry of Justice reports on the current situation of undertaking legal cooperation with foreign countries and the planned execution of cooperation programs, plans and/or projects in the next period, which are made according to the form uniformly set by the Ministry of Justice.

2. The Ministry of Justice shall have to sum up the situation, analyze and evaluate the activities of legal cooperation with foreign countries and submit

Chapter III

INSPECTION AND HANDLING OF VIOLATIONS

Article 14

1. The Ministry of Justice shall assist the Prime Minister in inspecting the execution of legal cooperation programs, plans and/or projects by Vietnamese agencies and/or organizations; the Vietnamese agencies and/or organizations shall create favorable conditions for the inspection.

The Ministry of Public Security, the Ministry of Planning and Investment and the Ministry of Finance shall conduct specialized inspection as prescribed by law.

In cases of necessity, the Ministry of Justice shall set up inter-branch inspection delegations to inspect the execution of cooperation programs, plans and/or projects.

2. In the course of inspection, the Ministry of Justice, the Ministry of Public Security, the Ministry of Planning and Investment, the Ministry of Finance and inter-branch inspection delegations shall be entitled to request the Vietnamese agencies and/or organizations executing cooperation programs, plans and/or projects to adjust their cooperation activities; if they detect law-

Article 15

1. The programs, plans and/or projects for legal cooperation with foreign countries of Vietnamese agencies and/or organizations, which have not been permitted by competent

2. Organizations and/or individuals that commit violations of provisions of this Decree and the relevant regulations of law shall, depending on the seriousness of the violations, be handled as prescribed by law; if the violations cause property damage, compensations must be made as prescribed by law.

Article 16

The suspension or cancellation of programs, plans and/or projects for legal cooperation with foreign countries of Vietnamese agencies and organizations defined in Article 1 of this Decree shall be decided by the competent State agency(ies) according to law.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 17

The stipulations of Article 9 of this Decree shall also apply to the evaluation of legal cooperation contents of cooperation programs, plans and/or projects in other fields which are undertaken by Vietnamese agencies and organizations with foreign countries.

Article18

1. This Decree takes effect 15 days after its signing and replaces Decision No.1391/NC of September 3

The Minister of Justice shall have to guide the implementation of this Decree.

2. The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the Peoples Committees of the provinces and centrally-run cities shall have to implement this Decree.