Chương 6 Luật tương trợ tư pháp 2007: Trách nhiệm của các cơ quan nhà nước trong hoạt động tương trợ tư pháp

Chapter VI

STATE BODIES RESPONSIBILITIES IN LEGAL ASSISTANCE ACTIVITIES

Article 61. The Governments responsibilities in legal assistance activities

1. To perform the unified state management of legal assistance activities.

2. To direct Government agencies in legal assistance activities; to coordinate with the Supreme Peoples Court and the Supreme Peoples Procuracy in legal assistance activities.

3. To annually report to the National Assembly on legal assistance activities.

Article 62. The Ministry of Justices responsibilities

1. To assist the Government in performing the unified state management of legal assistance activities.

2. To receive, transfer, monitor and urge the implementation of civil legal mandates.

3. To exchange information on legal assistance law and reality with competent bodies of foreign countries under the provisions of treaties to which Vietnam is a contracting party.

4. To propose the conclusion of, accession to, and enforcement of, international treaties on legal assistance; to propose amendments and supplements to, and improvement of, Vietnamese law on legal assistance.

5. To annually report to the Government on legal assistance activities.

Article 63. Responsibilities of the Supreme Peoples Court

1. To guide the Peoples Courts at all levels to provide legal assistance.

2. To consider and decide on cases of extradition and transfer of current imprisonment servers according to its competence.

3. To biannually and annually notify the Ministry of Justice of the provision of legal assistance under its jurisdiction.

Article 64. Responsibilities of the Supreme Peoples Procuracy

1. To receive, transfer, monitor and urge the performance of criminal legal mandates; to consider and decide on the performance of, and request the competent Peoples Procuracies or investigating bodies to perform criminal legal mandates; to refuse or postpone the performance of criminal legal mandates according to its competence.

2. To perform the prosecution and control legal assistance activities according to its competence.

3. To guide the Peoples Procuracies at all levels to provide criminal legal assistance.

4. To propose the conclusion of, accession to, and implementation of, treaties on legal assistance; to propose amendments and supplements to, and improvement of, Vietnamese law on legal assistance.

5. To biannually and annually notify the Ministry of Justice of the performance of criminal legal mandates.

Article 65. Responsibilities of the Ministry of Public Security

1. To receive, transfer, consider and settle foreign countries requests for extradition and transfer of current imprisonment servers; to consider and transfer dossiers to Peoples Procuracies, Peoples Courts and conduct legal assistance activities according to its competence.

2. To propose the conclusion of, accession to, and implementation of, treaties on extradition and transfer of current imprisonment servers; to propose amendments and supplements to, and improvement of, Vietnamese law on legal assistance.

3. To biannually and annually notify the Ministry of Justice of the implementation of requests for extradition and transfer of current imprisonment servers.

Article 66. Responsibilities of the Ministry of Foreign Affairs

1. To assume the prime responsibility for, and coordinate with concerned ministries and branches in, considering and deciding on the application of the reciprocity principle in legal assistance relations with concerned countries.

2. To propose the conclusion of, accession to, and implementation of, treaties on legal assistance; to propose amendments and supplements to, and improvement of, Vietnamese law on legal assistance.

3. To biannually and annually notify the Ministry of Justice of the application of reciprocity in legal assistance relations with concerned countries.

Article 67. Responsibilities of Vietnamese representative offices in foreign countries

1. To perform legal mandates related to Vietnamese nationals in host countries at the request of competent state bodies at home under the provisions of Vietnamese law, treaties to which Vietnam is a contracting party which, however, are not contrary to the laws of host countries.

2. To receive legal mandate requests of foreign countries and transfer them to competent bodies at home.

3. To transfer legal mandate dossiers of Vietnamese competent bodies to the Foreign Ministries of host countries for further transfer to competent bodies of those countries for consideration and implementation.

Article 68. Responsibilities of provincial-level Peoples Courts

1. To perform legal mandates of foreign countries under this Law.

2. To consider and decide on the extradition and transfer of current imprisonment servers or to refuse the extradition and transfer of current imprisonment servers under this Law.

3. To conduct other legal assistance activities according to their competence.

4. To report on the provision of legal assistance to the Supreme Peoples Court.

Article 69. Responsibilities of provincial-level Peoples Procuracies

1. To perform legal mandates of foreign countries under this Law.

2. To conduct other legal assistance activities according to their competence.

3. To perform prosecution and control legal assistance activities according to their competence.

4. To report on results of the provision of legal assistance to the Supreme Peoples Procuracy.

Article 70. Responsibilities of investigating bodies

1. To receive dossiers on criminal legal assistance, extradition and transfer of current imprisonment servers from competent bodies.

2. To conduct criminal legal assistance activities, extradition and transfer of current imprisonment servers under this Law and other relevant provisions of law.

3. To report on results of the provision of criminal legal assistance, extradition and transfer of current imprisonment servers to competent bodies.