Chương I Nghị định 26/2024/NĐ-CP quản lý hợp tác quốc tế về pháp luật và cải cách tư pháp: Những quy định chung

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.