Điều ước quốc tế Khongso

MEMORANDUM OF UNDERSTANDING

BETWEEN THE MINISTRY OF JUSTICE OF THE SOCIALIST REPUBLIC OF VIET NAM AND THE DEPARTMENT OF JUSTICE AND EQUALITY OF IRELAND ON COOPERATION IN THE AREAS OF JUSTICE AND LAW REFORM

The Ministry of Justice of the Socialist Republic of Viet Nam and the Department of Justice and Equality of Ireland (hereinafter referred to as the Participant and collectively as “the Participants”);

With the aspiration to strengthen and enlarge bilateral cooperation in the areas of justice and law reform between the Participants;

Believing that cooperation in those areas, between the Participants, sets out important premises and motivation for further cooperation in areas of mutual interests of the two countries;

Have decided as follows:

Paragraph I

Principles of Cooperation

Both Participants resolve to develop their cooperation in the justice and law reform areas on the basis of this Memorandum of Understanding, within the competence and in accordance with national laws as well as interntional commitments of each Participant.

Paragraph II

Areas of Cooperation

The Participants will commence their cooperation in the following areas:

1. Exchange of experience in the areas of justice and law reform.

2. Exchange of experience in the building and reforming of the systems of justice and law reform.

3. Exchange of experience in prison reform, in the administration of juvenile justice and in the courts.

4. Exchange of experience in applying information technology in the justice area.

Paragraph III

Forms of Cooperation

The Participants will cooperate in the following forms:

1. Facilitate delegations of officials at ministerial level of the two Participants.

2. Facilitate personnel and/or experts to research and/or facilitate the exchange of experiences, between the Participants, which are mentioned in Article II.

3. Exchange of materials and publication in the justice and law reform areas upon request of the Participant.

4. Other forms of cooperation on which both the Participants agree.

Paragraph IV

Focal Points

1. Each Participant nominates a focal point for direct communication regarding the implementation of this Memorandum of Understanding as follow:

The Ministry of Justice of the Socialist Republic of Viet Nam appoints its International Cooperation Department;

and

The Department of Justice and Equality of Ireland appoints the Secretary General’s Office.

2. The focal points will coordinate the discussion on the cooperation programme in order to implement the Memorandum of Understanding.

3. The focal points will coordinate the implementation and evaluation of the cooperation programme of the Participants, strengthen the communication and solutions for development and improvement of the effectiveness of the cooperation.

Paragraph V

Information Regulation

1. Each Participant will observe the confidentiality of documents, information and other data received from the other Participant during the period of the implementation of the Memorandum of Understanding.

2. Information and documents received in accordance to this Memorandum of Understanding, cannot be used for any purpose other than for the original purpose for which they were requested without the prior request of the other Participant .

Paragraph VI

Language

Throughout the cooperation in the framework of this Memorandum of Understanding, the Participants will use Vietnamese and English languages unless the Participants otherwise agree.

Paragraph VII

Participation of Third Parties

Either Participant may invite the participation of a third participant in activities being carried out under this Memorandum of Understanding, upon the consent of the other Participant. In carrying out such joint activities the Participants will ensure that the third participant will comply with the provisions of the Memorandum of Understanding.

Paragraph VIII

Finance

1. The financial arrangments to cover the expenses for the cooperative activities carried out within the framework of this Memorandum of Understanding will be jointly decided upon by the respective Participants on a case by case basis subject to the availability of funds and resources.

2. Both Participants will endeavour, where appropriate, to source funding from any third participants for the agreed cooperation under this Memorandum of Understanding.

Paragraph IX

Evaluation of Implementation

The timing and methods for evaluation of the implementation of this MoU will be agreed by the focal points of the Participants. During the evaluation process the two Participants will try to look for solutions to strengthen effectiveness of cooperation.

Paragraph X

Consultations

All disagreements relating to the interpretation and/or implementation and/or application of any provisions of this Memorandum of Understanding will be settled amicably through consultation between the Participants.

Article XI

Revision, Modification and Amendment

This Memorandum of Understanding may be revised, modified or amended by the written consent of the Participants. The revised, modified, or amended provision(s) will come into effect with the same conditions as of the Memorandum of Understanding. Such revision, modification or amendment will come into effect on such date as agreed by the Participants.

Article XII

Suspension

Each Participant reserves the right for reasons of national security, national interest, public order or public health to suspend temporarily, either in whole or in part, the implementation of this Memorandum of Understanding. This suspension will take effect immediately after written notification has been given to the other Participant.

Article XIII

Entry into Force

1. This Memorandum of Understanding is not eligible for registration as a treaty under Article 102 of the UN Charter.

2. This Memorandum of Understanding will come into effect for five (05) years from the date of signing and will be automatically extended every five (05) years unless either Participant has sent written notice of its intention to terminate to the other Participant.

3. The Memorandum of Understanding may be terminated at any time by either Participant with written notice of its intention to terminate to the other Participant. Such termination will come into effect in six (06) months after the date of receipt of the written notice.

4. The termination of this Memorandum of Understanding will not affect to the activities which have been rising before until the accomplishment of the activities in accordance with the original agreement.

Signed in Dublin, Ireland on the 24th of September 2012, in duplicate, each in Vietnamese and English, all texts being equally authentic.