Circular No. 07/2015/TT-BTP detailing and providing measures to implement certain provisions of Government Decree No. 113/2014/NĐ-CP dated November 26, 2014 on international cooperation in law management.

CIRCULAR

Detailed regulations and implementation measures for certain provisions of Decree No. 113/2014/NĐ-CP

dated November 26, 2014, of the Government on international cooperation in law management

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Pursuant to Decree No. 22/2013/NĐ-CP dated March 13, 2013, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to Decree No. 113/2014/NĐ-CP dated November 26, 2014, of the Government on international cooperation in law management;

Pursuant to Decree No. 38/2013/NĐ-CP dated April 23, 2013 of the Government on management and use of official development assistance (ODA) and preferential loans from donors;

Pursuant to Decree No. 93/2009/NĐ-CP dated October 22, 2009, of the Government promulgating the Regulation on Management and Use of Non-Governmental Foreign Aid;

Decision No. 76/2010/QĐ-TTg dated November 30, 2010, on organizing and managing international conferences and seminars in Vietnam;

Considering the proposal of the Director of the International Cooperation Department;

The Minister of Justice issues this Circular detailing and providing implementation measures for certain provisions on international cooperation in law management.

Section I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular details and provides implementation measures for the procedures, files for reviewing, giving opinions on programs, projects, non-project aid related to law; sharing information and results of international cooperation in law; the procedures and formalities for temporarily suspending, terminating programs, projects, non-project aid related to law, and some forms for international cooperation in law according to Decree No. 113/2014/NĐ-CP dated November 26, 2014, of the Government on international cooperation in law management (hereinafter referred to as Decree No. 113/2014/NĐ-CP).

PART II

PROCEDURES AND FILES FOR REVIEWING DOCUMENTS OF PROGRAMS, PROJECTS, NON-PROJECT AID RELATED TO LAW

Article 2. Procedures for reviewing documents of law cooperation programs and projects within the Prime Minister's approval authority

1. After consolidating and incorporating comments from relevant agencies on the documents of law cooperation programs and projects within the Prime Minister's approval authority, the managing agency (for programs and projects using official development assistance and concessional loans from foreign donors) and the Ministry of Planning and Investment (for programs and projects using non-governmental foreign aid) shall be responsible for submitting to the Ministry of Justice the review file of the documents of law cooperation programs and projects along with a letter requesting review.

2. In cases where the program or project involves complex content, relates to many ministries and sectors, or the program or project is managed by the Ministry of Justice, the Ministry of Justice shall organize an advisory review meeting.

Participants in the advisory review meeting include representatives from the Ministry of Justice, the Ministry of Public Security, and other relevant agencies and organizations.

3. Within twelve days from the date of receiving complete valid files, the Ministry of Justice shall be responsible for sending the review document to the managing agency and the Ministry of Planning and Investment.

Article 3. Review files for documents of law cooperation programs and projects

1. The review file for documents of programs and projects using official development assistance (ODA) and concessional loans from donors includes the documents specified in Article 26 of Decree No. 38/2013/NĐ-CP dated April 23, 2013, on the management and use of official development assistance (ODA) and concessional loans from donors (hereinafter referred to as Decree No. 38/2013/NĐ-CP).

2. The review file for documents of law cooperation programs and projects using non-governmental foreign aid includes the documents specified in Article 12 of the Regulation on Management and Use of Non-Governmental Foreign Aid promulgated together with Decree No. 93/2009/NĐ-CP dated October 22, 2009 (hereinafter referred to as the Regulation on Management and Use of Non-Governmental Foreign Aid).

3. The managing agency (for programs and projects using ODA and concessional loans) and the Ministry of Planning and Investment (for programs and projects using non-governmental foreign aid) shall be responsible for submitting to the Ministry of Justice one (01) set of review files for the documents of law cooperation programs and projects in paper form and electronic form. The electronic version shall be sent to the Ministry of Justice at the email address [email protected].

Article 4. Procedure for Soliciting Opinions on Legal Cooperation Program and Project Documents within the Approval Authority of the Managing Agency

1. During the process of reviewing legal cooperation program and project documents within the approval authority of the managing agency as stipulated in Decree No. 38/2013/NĐ-CP and the Regulation on Management and Use of Non-Governmental Foreign Aid, the managing agency shall be responsible for sending the Ministry of Planning and Investment, the Ministry of Finance, and relevant agencies, while simultaneously sending the Ministry of Justice the dossier of the program and project documents for soliciting opinions.

2. Within twelve days from the date of receiving complete valid dossiers, the Ministry of Justice shall be responsible for sending written opinions to the managing agency.

Article 5. Dossier for Soliciting Opinions on Legal Cooperation Program and Project Documents

1. The dossier for soliciting opinions on legal cooperation program and project documents using Official Development Assistance (ODA) sources and preferential loan funds from sponsors includes:

a) Decision approving the Sponsorship List by the competent authority.

b) Draft program and project documents in Vietnamese and foreign languages (if applicable).

c) Written opinions of the Ministry of Planning and Investment, the Ministry of Finance, and relevant agencies, sponsors (if applicable) during the preparation of legal cooperation program and project documents.

2. The dossier for soliciting opinions on legal cooperation program and project documents using non-governmental foreign aid includes:

a) Notification or commitment letter from the sponsor regarding the content of non-governmental foreign aid.

b) Draft program and project documents in Vietnamese and foreign languages (if applicable).

c) Opinions of relevant agencies and organizations during the preparation of program and project documents.

3. The managing agency shall be responsible for sending the Ministry of Justice one (01) set of the dossier for soliciting opinions on legal cooperation program and project documents in paper form and electronic form. The electronic version shall be sent to the Ministry of Justice at the email address [email protected].

Article 6. Procedure for Soliciting Opinions on Non-Project Legal Aid

1. During the process of soliciting opinions from relevant agencies, the managing agency (for non-project legal aid using ODA sources and preferential loan funds from sponsors), the organizing agency (for non-project legal aid using non-governmental foreign aid) shall be responsible for sending the Ministry of Justice the dossier of non-project legal aid for soliciting opinions.

2. Within seven working days from the date of receiving complete valid dossiers, the Ministry of Justice shall be responsible for sending written opinions to the managing agency or the organizing agency.

Article 7. Dossier for Soliciting Opinions on Non-Project Legal Aid

1. The dossier for soliciting opinions on non-project legal aid using Official Development Assistance (ODA) sources and preferential loan funds from sponsors includes:

a) Decision approving the Sponsorship List by the competent authority.

b) Draft non-project legal aid document for non-project aid with a scale equivalent to or exceeding 20,000 US dollars.

c) Written opinions of the Ministry of Planning and Investment, the Ministry of Finance, and relevant agencies, sponsors (if applicable) during the preparation of the non-project legal aid dossier.

2. The dossier for soliciting opinions on non-project legal aid using non-governmental foreign aid includes the documents specified in Article 9 of the Regulation on Management and Use of Non-Governmental Foreign Aid.

3. The managing agency or the organizing agency shall be responsible for sending the Ministry of Justice one (01) set of the dossier for soliciting opinions on non-project legal aid in paper form and electronic form. The electronic version shall be sent to the Ministry of Justice at the email address [email protected].

Section III

INFORMATION SHARING AND INTERNATIONAL COOPERATION RESULTS ON LEGAL MATTERS

Article 8. Principles for Sharing Information and Results of International Cooperation on Law

1. The managing agency shall be responsible for the content of information and results of international cooperation on law that are shared.

2. The sharing of information and results of international cooperation on law must be carried out fully, promptly, objectively, truthfully, and ensure compliance with legal provisions on protecting state secrets.

Article 9. Content of Shared Information and Results of International Cooperation on Law

Depending on each international cooperation activity on law, the information and results of international cooperation on law include one or more of the following contents:

1. International treaties and agreements on legal cooperation in Vietnamese and foreign languages.

2. Documents of programs and projects for legal cooperation; non-project legal aid documents in Vietnamese and foreign languages (if any).

3. Various types of reports: final program, project, and non-project aid reports; research result reports; survey result reports.

4. Information about experts participating in international cooperation activities on law.

5. Reports on the outcomes of international conferences, seminars, and roundtables on law, program presentations, and other materials distributed at such events.

6. Other relevant information.

Article 10. Time Limit for Sharing Information and Results of International Cooperation on Law

Within ten working days from the date of completion of the cooperative activity, the managing agency shall implement the sharing of information and results of international cooperation on law as stipulated in Clause 1 of Article 14 of Decree No. 113/2014/NĐ-CP. The electronic version shall be sent to the Ministry of Justice at the email address [email protected].

Chapter IV

PROCEDURE AND PROCEDURES FOR TEMPORARILY SUSPENDING OR SUSPENDING PROGRAMS, PROJECTS, AND NON-PROJECT AID ON LAW

Article 11. Temporary Suspension or Suspension of Programs, Projects, and Non-Project Aid on Law within the Approval Authority of the Prime Minister

1. During the management and implementation of programs and projects, the managing agency, ministries, ministerial-level agencies, provincial people's committees when inspecting the implementation of international cooperation on law within their respective sectors, fields, and localities, and the Ministry of Justice when conducting regular and spot inspections of the implementation of international cooperation on law nationwide, upon discovering acts falling under the cases specified in Clauses 2 and 3 of Article 18 of Decree No. 113/2014/NĐ-CP, shall submit a written request to the Ministry of Planning and Investment for consideration and recommendation to the Prime Minister to decide on temporarily suspending or suspending programs, projects, and non-project aid on law within the approval authority of the Prime Minister.

2. Within seven working days from the date of discovery of acts falling under the cases specified in Clauses 2 and 3 of Article 18 of Decree No. 113/2014/NĐ-CP, the agencies mentioned in Clause 1 of this Article shall have the responsibility to request the Ministry of Planning and Investment for consideration and recommendation to the Prime Minister.

3. Within five working days from the date of receipt of the request, the Ministry of Planning and Investment shall have the responsibility to report to the Prime Minister to decide on temporarily suspending or suspending programs, projects, and non-project aid on law within the approval authority of the Prime Minister.

Article 12. Suspension and Termination of Programs, Projects, and Non-project Legal Aid within the Approval Authority of the Managing Agency

1. The managing agency shall be responsible for examining and deciding to suspend or terminate programs, projects, and non-project legal aid within its approval authority upon discovering acts as stipulated in Clauses 2 and 3 of Article 18 of Decree No. 113/2014/NĐ-CP.

2. Ministries, ministerial-level agencies, provincial People's Committees when inspecting the implementation of international cooperation on law within their respective sectors, fields, and localities, and the Ministry of Justice when conducting regular and extraordinary inspections of the implementation of international cooperation on law nationwide, shall issue recommendations to the managing agency to examine and decide to suspend or terminate programs, projects, and non-project legal aid upon discovering acts as stipulated in Clauses 2 and 3 of Article 18 of Decree No. 113/2014/NĐ-CP.

Within thirty days from the date of receipt of the recommendation from the competent authority, the managing agency shall be responsible for examining and deciding to suspend or terminate, or not to suspend or terminate, programs, projects, and non-project legal aid.

Article 13. Notification of Results of Handling Recommendations for Suspension and Termination of Programs, Projects, and Non-project Legal Aid

Within ten working days from the date of handling the suspension and termination, the managing agency shall be responsible for sending the Decision on Suspension or Termination of Programs, Projects, and Non-project Legal Aid to the Ministry of Justice and relevant agencies, or notifying the results of handling the recommendation in cases where there is no suspension or termination of programs, projects, and non-project legal aid.

Article 14. Notification to Donors and Foreign Partners of the Decision to Suspend or Terminate Programs, Projects, and Non-project Legal Aid

The managing agency shall be responsible for notifying the donor within five working days from the date of issuing the Decision on Suspension or Termination or from the date the competent authority issues the Decision on Suspension or Termination of Programs, Projects, and Non-project Legal Aid.

Article 15. Contents of the Decision to Suspend Programs, Projects, and Non-project Legal Aid

1. Basis for Suspension.

2. Duration of Suspension.

3. Conditions for Ending Suspension.

4. Rights and Obligations of Agencies and Organizations When Programs, Projects, and Non-project Legal Aid Are Suspended.

5. Other Contents (if any).

Article 16. Contents of the Decision to Terminate Programs, Projects, and Non-project Legal Aid

1. Basis for Termination.

2. Rights and Obligations of Agencies and Organizations When Programs, Projects, and Non-project Legal Aid Are Terminated.

3. Other contents (if any).

Article 17. Termination of Effectiveness, Renunciation, Withdrawal, and Suspension of Implementation of International Treaties and Agreements

For programs, projects, and non-project legal aid signed under the name of international treaties that are suspended or terminated, the agency proposing the signing of international treaties and agreements shall be responsible for proceeding with the procedures to terminate effectiveness, renounce, withdraw, or suspend the implementation of international treaties and agreements in whole or in part according to the provisions of the Law on Signing, Joining, and Implementing International Treaties and the Ordinance on Signing and Implementing International Agreements.

Section V

IMPLEMENTING PROVISIONS

Article 18. Effective Date

1. This Circular takes effect from August 1, 2015, and replaces Circular No. 10/2008/TT-BTP dated December 31, 2008, issued by the Ministry of Justice guiding the implementation of certain provisions of Decree No. 78/2008/NĐ-CP dated July 17, 2008, of the Government on the management of cooperation with foreign countries on law.

2. This Circular also promulgates model reports on the summary of results of international conferences and seminars on law and annual reports on the implementation of international cooperation on law.

Article 19. Responsibility for Implementation

1. The Minister, Heads of ministerial-level agencies, agencies under the Government, Chairmen of provincial People's Committees directly under the Central Government, and related agencies and organizations are responsible for implementing this Circular.

2. In the process of implementing this Circular, if there are difficulties, they are requested to promptly reflect them to the Ministry of Justice for consideration and resolution./.