Nghị định 26/2024/NĐ-CP quản lý hợp tác quốc tế về pháp luật và cải cách tư pháp

GOVERNMENT OF VIETNAM -------	SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness ---------------
No. 26/2024/ND-CP	Hanoi, March 1, 2024

 

DECREE

MANAGEMENT OF INTERNATIONAL COOPERATION IN LAWS AND JUDICIAL REFORM

Pursuant to the Law on Organization of the Government of Vietnam dated June 19, 2015; the Law on Amendments to the Law on Organization of the Government of Vietnam and the Law on Organization of the Local Government of Vietnam dated November 22, 2019;

Pursuant to the Law on Promulgation of Legislative Documents dated June 22, 2015; the Law on Amendments to the Law on Promulgation of Legislative Documents dated June 18, 2020;

At the request of the Minister of Justice of Vietnam;

The Government of Vietnam hereby promulgates a Decree on Management of International Cooperation in Laws and Judicial Reform.

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. This Decree provides for the management of international cooperation in laws and judicial reform, including principles, contents, cooperation methods, cooperation, and responsibilities of Vietnamese agencies and organizations regarding international cooperation in laws and judicial reform.

2. This Decree applies to Vietnamese agencies and organizations engaging in international cooperation in laws and judicial reform.

Article 2. Interpretation of terms

For the purpose of this Decree, the following terms shall be construed as follows:

1. “Cooperative agencies and organizations” are entities in charge of carrying out international cooperation in laws and judicial reform, including:

a) The Supreme People's Procuracy of Vietnam, Supreme People's Court of Vietnam; Ethnic Council and Committees of the National Assembly of Vietnam; agencies of the Standing Committee of the National Assembly of Vietnam, Office of the National Assembly of Vietnam; State Audit Office; Office of the President of Vietnam; ministries, ministerial agencies, and governmental agencies (hereinafter referred to as “central state authorities”).

b) Socio-political organizations, social-political-vocational organizations, social organizations, socio-vocational organizations (organizations), associations, social funds, charity funds, and scientific-technological organizations (associations, social finds, and scientific organizations) established under relevant laws (hereinafter referred to as “organizations, associations, social funds, and scientific organizations”).

c) People’s Committees of provinces and centrally affiliated cities (hereinafter referred to as "provincial People’s Committees").

d) Units and organizations under the management of entities prescribed in Points a, b, and c of this Clause.

2. “Managing agencies of programs, projects, and non-project assistance” include agencies and organizations prescribed in Decree No. 114/2021/ND-CP dated December 16, 2021 of the Government of Vietnam (Decree No. 114/2021/ND-CP) and Decree No. 80/2020/ND-CP dated July 8, 2020 of the Government of Vietnam (Decree No. 80/2020/ND-CP).

3. “International cooperation in laws and judicial reform” includes operations with the participation or sponsorships from foreign partners regarding the whole or parts of the contents of laws and judicial reform prescribed in Clause 1 Article 4 of this Decree, implemented under the methods prescribed in Clause 2 Article 4 of this Decree.

4. “Programs, projects, and non-project assistance” on laws and judicial reform are technical support projects and non-project assistance using ODA grants prescribed in Decree No. 114/2021/ND-CP or programs, projects, and non-project assistance according to Decree No. 80/2020/ND-CP with all or parts of the contents of international cooperation in laws and judicial reform prescribed in Clause 1 Article 4 of this Decree.

5. “International conferences and seminars” on laws and judicial reform are conferences and seminars prescribed in Decision No. 06/2020/QD-TTg dated February 21, 2020 of the Prime Minister of Vietnam (Decision No. 06/2020/QD-TTg) with all or parts of the contents of laws and judicial reform prescribed in Clause 1 Article 4 of this Decree.

Article 3. Principles of international cooperation in laws and judicial reform

1. Complying with the Constitution and laws of Vietnam, conforming with international treaties that the Socialist Republic of Vietnam is a signatory, ensuring independence, sovereignty, unity, and territorial integrity, and maintaining national security and social safety and order.

2. Preventing the conclusion or implementation of international cooperation damaging national benefits and security.

3. Proactively selecting and promoting international cooperation subject to Vietnam’s needs and conformable with the reality and conditions of Vietnam, CPV directions and guidelines on foreign affairs, construction, and completion of the law-governed socialist state of Vietnam, and relevant laws.

4. Ensuring equality, preventing interference in internal work, promoting cooperation with partners with experience in cooperation with Vietnam, and focusing on the sustainability of cooperation.

5. Ensuring publicity, transparency, effectiveness, and practicality and promoting responsibilities for international cooperation in laws and judicial reform.

Article 4. Contents and methods of international cooperation in laws and judicial reform

1. International cooperation in laws and judicial reform according to this Decree includes all or parts of the following contents:

a) Enhancement of the capacity for developing legislative documents.

b) Improvement of the effectiveness and efficiency of law enforcement.

c) Provision of training and advanced training for legal personnel.

d) Judicial reform.

2. International cooperation in laws and judicial reform according to this Decree shall be carried out under the following methods:  

a) Concluding and implementing international treaties and agreements.

b) Developing and implementing programs, projects, and non-project assistance. 

c) Organizing international conferences and seminars.

3. Contents and methods of cooperation in laws and judicial reform not prescribed in Clause 1 and Clause 2 of this Article shall comply with relevant laws.

Chapter II

IMPLEMENTATION OF INTERNATIONAL COOPERATION IN LAWS AND JUDICIAL REFORM

Article 5. Selection of proposals for international cooperation in laws and judicial reform

Cooperative agencies and organizations shall select proposals for international cooperation in laws and judicial reform meeting the following requirements:

1. Necessity, clear cooperation purposes, and selected contents of cooperation in issues require foreign experience, ensuring conformity with functions and tasks of cooperative agencies and organizations and principles of international cooperation in laws and judicial reform.

2. Foreign partners have appropriate capacity and specialties regarding the cooperation contents.

3. The expected results of the cooperation conform with principles of international cooperation in laws and judicial reform and serve the implementation of tasks of cooperative agencies and organizations.

4. Cooperation with competent authorities in proposing solutions to the assurance of requirements for security, order, and foreign affairs while cooperating.

Article 6. Collection of suggestions on international cooperation in laws and judicial reform

1. Regarding international agreements:

When collecting suggestions on international agreements according to the Law on International Agreements (except for international agreements prescribed in Article 20 and Article 23 of the Law on International Agreements) and such international agreements have international cooperation contents concerning laws and judicial reform, cooperative agencies and organizations shall propose the conclusion of such international agreements while collecting suggestions from the Ministry of Justice of Vietnam and the Ministry of Public Security of Vietnam on the contents of international cooperation in laws and judicial reform according to Point b Clause 2 Article 10 and Point a Clause 2 Article 11 of this Decree.

2. Regarding programs, projects, and non-project assistance on laws and judicial reform:

a) When collecting suggestions on programs, projects, and non-project assistance on laws and judicial reform under the decision on implementation policy of the Prime Minister of Vietnam according to Decree No. 114/2021/ND-CP and Decree No. 80/2020/ND-CP, the Ministry of Planning and Investment of Vietnam shall also collect suggestions from the Ministry of Justice of Vietnam, Ministry of Public Security of Vietnam, and Ministry of Foreign Affairs of Vietnam on contents of international cooperation in laws and judicial reform according to Point b Clause 2 Article 10, Point 1 Clause 2, and Point b Clause 3 Article 11 of this Decree.

b) When collecting suggestions on programs, projects, and non-project assistance on laws and judicial reform under the decision on implementation policy of the managing agency according to Decree No. 114/2021/ND-CP and Decree No. 80/2020/ND-CP, the managing agency shall also collect suggestions from the Ministry of Justice of Vietnam and the Ministry of Public Security of Vietnam on contents of international cooperation in laws and judicial reform according to Point b Clause 2 Article 10 and Point a Clause 2 Article 11 of this Decree.

3. Regarding international conferences and seminars on laws and judicial reform:

When collecting suggestions on international conferences and seminars on laws and judicial according to Decision No. 06/2020/QD-TTg, the authority in charge shall also collect suggestions from the Ministry of Justice of Vietnam and the Ministry of Public Security of Vietnam (excluding cases of having the participation of foreign reporters) on contents of international cooperation in laws and judicial reform according to Point b Clause 2 Article 10 and Point a Clause 2 Article 11 of this Decree.

4. If international agreements, programs, non-project assistance, and international conferences and seminars on laws and judicial reform contain contents concerning military or national defense or have operations implemented at borders, border checkpoints, and other focal areas of national defense, cooperative agencies and organizations shall, aside from collecting suggestions from authorities prescribed in Clauses 1, 2, and 3 of this Article, collect suggestions from the Ministry of National Defense of Vietnam on the mentioned contents according to Clause 4 Article 11 of this Decree.

5. Documents on the collection of suggestions on international cooperation in laws and judicial reform shall be made under current laws, specifying the necessity of the cooperation, cooperation contents, cooperation methods, cooperation partners, expected results, and assessment of compliance with the requirements prescribed in Article 5 of this Decree.

6. Authorities subject to suggestion collection documents shall provide answers within 7 working days after receiving valid documents according to laws.  If any law stipulates a time limit for answer provision different than this Clause, comply with such a law.

Contents of suggestions shall be based on functions, tasks, and entitlements of authorities subject to suggestion collection and comply with this Decree.

Article 7. Implementation of international cooperation in laws and judicial reform

Cooperative agencies and organizations shall implement cooperation according to the approved contents and ensure compliance with the principles prescribed in Article 3 of this Decree; share information and results, and submit implementation reports according to Article 8 and Article 9 of this Decree.

Article 8. Sharing of information on and results of international cooperation in laws and judicial reform  

1. Cooperative agencies and organizations shall share information on and results of international cooperation in laws and judicial reform under one of the following methods:

a) Posting information on and results of international cooperation in laws and judicial reform on their web portals/websites (if any).

b) Printing and distributing publications on the results of international cooperation in laws and judicial reform.

2. Contents of shared information on and results of international cooperation in law and judicial reform:

a) International treaties and agreements containing contents of cooperation in laws and judicial reform in Vietnamese and foreign languages.

b) Documents of programs, projects, and non-project assistance containing contents of laws and judicial reform in Vietnamese and foreign languages (if any).

c) Contents of cooperation in laws and judicial reform of programs, projects, and non-project assistance after their end; results of international conferences and seminars on laws and judicial reform not subject to programs, projects, and non-project assistance after their end.

3. The sharing of information on and results of international cooperation in laws and judicial reform shall conform with state secret protection laws, international treaties that the Socialist Republic of Vietnam is a signatory, declarations in international agreements, and documents of programs, projects, and non-project assistance concluded between Vietnamese organizations and agencies and foreign sponsors and partners.

4. The Ministry of Justice of Vietnam shall develop, manage, and update information on and results of cooperation from annual reports on international cooperation in laws and judicial reform of agencies and organizations according to Article 9 of this Decree and information shared under Clause 1 of this Article to databases on international cooperation in laws and judicial reform and share them on its web portal according to relevant laws.

Article 9. Report

1. Annually, central state authorities and central authorities of organizations and provincial People’s Committees shall send reports on international cooperation in laws and judicial reforms under their management to the Ministry of Justice of Vietnam before December 25 of the reporting year.  Contents of reports shall follow the form in the Appendix enclosed herewith.

2. Associations, social funds, and scientific organizations shall submit reports on international cooperation in laws and judicial reform to ministries, ministerial agencies, governmental agencies, and provincial People’s Committees before December 15 of the reporting year according to relevant laws.  Contents of reports shall follow the form in the Appendix enclosed herewith.

3. Ministry of Justice of Vietnam shall summarize and develop reports on international cooperation in laws and judicial reform nationwide and present them to the Prime Minister of Vietnam and competent authorities by the last day of January of the following year.

Chapter III

RESPONSIBILITIES FOR MANAGING INTERNATIONAL COOPERATION IN LAWS AND JUDICIAL REFORM

Article 10. State management of international cooperation in laws and judicial reform

1. The Government of Vietnam shall carry out the consistent state management of international cooperation in laws and judicial reform.

2. The Ministry of Justice of Vietnam, assisting the Government of Vietnam in the state management of international cooperation in laws and judicial reform, shall:

a) Take charge of the compilation and request competent state authorities to promulgate or promulgate under its jurisdiction legislative documents on the management of international cooperation in laws and judicial reform.

b) Provide suggestions on contents of cooperation in laws and judicial reform regarding the conclusion of international treaties and agreements (suggestions shall comply with the Law on International Treaties and the Law on International Agreements), approval for programs, projects, and non-project assistance (suggestions shall conform with principles prescribed in Article 3 of this Decree), and organizations of international conferences and seminars (suggestions on contents of draft schemes for the organization of conferences and seminars).

c) Disseminate and universalize the law on cooperation in laws and judicial reform.

d) Provide professional guidelines and advanced training, urge and inspect the implementation of the law on international cooperation in laws and judicial reform.

dd) Submit annual reports to the Prime Minister of Vietnam and competent authorities on international cooperation in laws and judicial reform nationwide according to Clause 3 Article 9 of this Decree.

Article 11. Responsibilities of ministries, ministerial agencies, and governmental agencies

1. Ministries, ministerial agencies, and governmental agencies shall:

a) Ensure the effectiveness and progress of international cooperation in laws and judicial reform implemented and managed by them.

b) Manage, guide, and inspect international cooperation in laws and judicial reform of their affiliates according to laws.

c) Approve or request competent authorities to approve and inspect international cooperation in laws and judicial reforms of organizations, associations, social funds, and scientific organizations under their state management according to the law on associations, social funds, charity funds, and scientific organizations and relevant laws.

d) Share information on and results of international cooperation in laws and judicial reform according to Article 8 of this Decree.

dd) Comply with Article 9 of this Decree and relevant laws.

e) Provide suggestions on international cooperation in laws and judicial reform as per regulation.

g) Provide training and advanced training in the improvement of the capacity of personnel participating in international cooperation in laws and judicial reform and develop legal personnel and specialists qualified to handle international legal issues and work at international legal institutions in fields under their management.

b) Carry out other tasks and entitlements according to laws.

2. The Ministry of Public Security of Vietnam shall:

a) Provide suggestions on issues concerning security and order in international cooperation in laws and judicial reform before signing international treaties and agreements, approval for programs, projects, non-project assistance using ODA grants, grants of aid not subject to ODA, and organization of international conferences and seminars on laws and judicial reform; assess the impacts and provide suggestions on measures to protect the national security and ensure social security and safety for international cooperation in laws and judicial reform for the Government of Vietnam and the Prime Minister of Vietnam.

b) Provide guidelines and support for Vietnamese agencies and organizations in compliance with the law on national security protection and social security and safety assurance in international cooperation in laws and judicial reform.

c) Cooperate with competent authorities in inspecting law enforcement and compliance with laws regarding international cooperation in laws and judicial reform. 

d) Carry out other tasks and functions according to Decree No. 35/2011/ND-CP dated May 18, 2011 of the Government of Vietnam.

3. The Ministry of Foreign Affairs of Vietnam shall:

a) Provide and share information on international partners operating in the international legal sector within its management.

a) Provide suggestions on the conclusion of international agreements, approval for programs, projects, non-project assistance using ODA grants, grants of aid not subject to ODA, and organization of international conferences and seminars on laws and judicial reform regarding contents concerning conformity with policies on foreign affairs of the Socialist Republic of Vietnam and international treaties that Vietnam is a signatory.

4. The Ministry of National Defense of Vietnam shall:

Provide suggestions on issues concerning national defense and security regarding the conclusion of international agreements, approval for programs, projects, and non-project assistance, and organization of international conferences and seminars with contents concerning laws and judicial reform in case such cooperation concerns fields of military or national defense or is carried out at border areas, border checkpoints, and other focal areas of national defense.

Article 12. Responsibilities of provincial People's Committees

1. Provincial People’s Committees managing international cooperation in laws and judicial reform in their areas shall:

a) Ensure the effectiveness and progress of international cooperation in laws and judicial reform implemented and managed by them.

b) Manage, guide, inspect, and report on international cooperation in laws and judicial reform of their affiliates according to relevant laws.

c) Approve or request competent authorities to approve and inspect international cooperation in laws and judicial reforms of organizations, associations, social funds, and scientific organizations under their management according to the law on associations, social funds, charity funds, and scientific organizations and relevant laws.

d) Provide suggestions on international cooperation in laws and judicial reform as per regulation.

dd) Summarize, share, utilize, and use information on international cooperation in laws and judicial reform in their areas.

g) Provide training and advanced training in the improvement of the capacity of personnel participating in international cooperation in laws and judicial reform and develop legal personnel and specialists qualified to handle international legal issues under their management.

2. Departments of Justice shall assist provincial People’s Committees in the local implementation of the state management of international cooperation in laws and judicial reform.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 13. Entry into force and transitional provisions

1. This Decree comes into force as of May 15, 2024 and replaces Decree No. 113/2014/ND-CP dated November 26, 2014 of the Government of Vietnam.

2. Any international cooperation in laws and judicial reform approved before the effective date of this Decree shall be exempted from carrying out the procedure for collecting suggestions prescribed in this Decree. The organization of such international cooperation shall comply with this Decree.

3. Any international cooperation in laws and judicial reform presented to competent authorities for approval before the effective date of this Decree that has not been approved shall continue to comply with Decree No. 113/2014/ND-CP dated November 26, 2014 of the Government of Vietnam and be implemented according to this Decree.

4. If any legislative document cited in this Decree is amended, supplemented, or replaced, comply with its new edition.

Article 14. Implementation responsibilities

1. The Ministry of Justice of Vietnam shall guide and inspect the implementation of this Decree.

2. Ministers, Directors of ministerial agencies, Directors of governmental agencies, Presidents of People’s Committees of provinces and centrally affiliated cities, and heads of agencies and organizations engaging in international cooperation in laws and judicial reform shall implement this Decree.

 

ON BEHALF OF THE GOVERNMENT PP. PRIME MINISTER DEPUTY PRIME MINISTER Tran Luu Quang