Chương I Nghị định 113/2014/NĐ-CP về quản lý hợp tác quốc tế pháp luật: Những quy định chung

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.