Chương IV Nghị định 113/2014/NĐ-CP về quản lý hợp tác quốc tế pháp luật: Giám sát, đánh giá việc thực hiện hợp tác quốc tế về pháp luật

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.