Chương III Nghị định 26/2024/NĐ-CP quản lý hợp tác quốc tế về pháp luật và cải cách tư pháp: Trách nhiệm trong quản lý hợp tác quốc tế về pháp luật và cải cách tư pháp

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.