Circular No. 10/1999/TT-BTP guiding the implementation of the Decree on managing cooperation with foreign countries regarding laws.

CIRCULAR

Implementation guidance

Decree on Management of Cooperation with Foreign Countries Regarding Law

Pursuant to Decree No. 38/CP dated June 4, 1993 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to Decree No. 103/1998/NĐ-CP dated December 26, 1998 of the Government on Management of Cooperation with Foreign Countries Regarding Law (hereinafter referred to as the Decree);

The Ministry of Justice guides the implementation of certain provisions of the Decree as follows:

I. SCOPE OF APPLICATION OF THE DECREE

1. 1. According to Article 1 of the Decree, the agencies and organizations that can cooperate with foreign countries regarding law are Ministries, ministerial-level agencies, government agencies, central agencies of political-social organizations, social organizations, and other agencies (hereinafter referred to as Agencies and Organizations of Vietnam). Units subordinate to the aforementioned Agencies and Organizations of Vietnam cooperating with foreign countries regarding law must go through the approval process through the Agencies and Organizations of Vietnam.

1. 2. The activities of cooperation between Agencies and Organizations of Vietnam and foreign Agencies and Organizations within the scope regulated by the Decree include all cooperative activities with foreign countries regarding law as provided for in Article 3 of the Decree, including:

a. Researching, collecting necessary information and experience in drafting and amending regulatory legal documents;

b. Researching, collecting necessary information and experience in improving the operation of judicial organs and auxiliary judicial organs;

c. Training professions and enhancing the qualifications of officials and civil servants drafting regulatory legal documents, judges, court clerks, prosecutors, investigators, enforcement officers, criminal execution officers, arbitrators, notaries, lawyers, and other judicial positions;

d. Teaching law at university and postgraduate levels;

đ. Organizing conferences, seminars, and discussions on law that are not linked to the cooperative activities specified in points a, b, c, and d above;

e. Regularly exchanging legal materials, including textbooks, teaching materials, lectures, legal documents, and specialized books on law.

2. Review by the Ministry of Justice

2. 1. After forming programs, plans, and projects for cooperation, Agencies and Organizations of Vietnam send letters requesting the Ministry of Justice to review.

Attached to the letter requesting review are the following documents:

a) Draft program, plan, or project for cooperation with foreign countries regarding law. For programs, plans, or projects for cooperation in other fields containing elements of cooperation with foreign countries regarding law, submit a summary of the program, plan, or project and the part related to cooperation regarding law;

b) A description of the program, plan, or project for cooperation with foreign countries regarding law or the part related to cooperation regarding law, which should clearly state the following points:

* The necessity, requirements, purpose, and basic content of the cooperative activity;

* Necessary information about the legal status, professional capacity, cooperation experience, and attitude towards the Socialist Republic of Vietnam of the foreign Agency or Organization;

* Forecast of economic and social benefits from implementing the cooperative activity;

* Rights and obligations of the Agencies and Organizations of Vietnam and the foreign Agency or Organization; * Estimated time frame, progress, results, products of cooperation, and budget;

* Forecast of potential adverse factors during the implementation of the cooperative activity.

c) Documents proving the commitment of the foreign Agency or Organization;

d) Written opinions of relevant ministries and sectors concerning the content of cooperation;

Documents in foreign languages must be translated into Vietnamese. The letter requesting review and the aforementioned documents shall be prepared in three sets of files.

2. 2. Within fifteen days from the date of receiving complete files, the Ministry of Justice will conduct the review and send the review document to the Agencies and Organizations of Vietnam that requested it.

In cases where additional information or clarification of issues related to the content of the program, plan, or project for cooperation is required, the Ministry of Justice may invite the Agencies and Organizations of Vietnam requesting the review to provide such information.

If incomplete files are received according to this Circular, the Ministry of Justice will notify the Agencies and Organizations of Vietnam to complete the files. This period does not count toward the fifteen-day review period of the Ministry of Justice.

2. 3. Agencies and Organizations of Vietnam seeking cooperation with foreign countries regarding law but without a partner should send a letter to the Ministry of Justice requesting assistance in finding a partner. Attached to the letter should be a draft proposal for the program, plan, or project for cooperation, which should clearly state the following points:

- Necessity, requirements, and purpose;

- Content of the cooperative issue;

- Form of cooperative activity (as stipulated in Article 3 of the Decree);

- Vietnam's ability to cooperate;

- Desired foreign partners;

- Expected timeframe;

3. AMENDMENTS, ADDITIONS, AND ADJUSTMENTS TO PROGRAMS, PLANS, AND PROJECTS FOR COOPERATION

3. 1. Programs, plans, and projects for cooperation already approved by competent authorities in Vietnam that require amendments, additions, or adjustments to the objectives and contents of cooperative activities regarding law, shall be submitted by Agencies and Organizations of Vietnam to the Ministry of Justice for review. The procedures and formalities for reviewing these files are carried out according to the general regulations applicable to new programs, plans, and projects stipulated in the Decree and this Circular.

In urgent cases requiring research and collection of information and experience from foreign countries or international organizations to support the development of regulatory legal documents or enhance the operational efficiency of judicial and auxiliary judicial organs, Agencies and Organizations of Vietnam must submit a justification file to the Ministry of Justice.

3. 2. If there is a request to amend, add, or adjust a program, plan, or project for cooperation that has been approved but does not change the objectives and contents of the program, plan, or project for cooperation, then the Agencies and Organizations of Vietnam must submit a file to the Ministry of Justice explaining the reasons for the amendment, addition, or adjustment. Within fifteen days from the date of receiving complete valid files, the Ministry of Justice will issue a document stating its opinion on the requested amendment, addition, or adjustment and send it to the Agencies and Organizations of Vietnam that made the request.

4. REPORTING AND INSPECTION REGIME

4. 1. Before May 15, the Vietnamese agency or organization shall submit a six-monthly report and before November 15, submit an annual report to the Prime Minister and the Ministry of Justice on the implementation of activities related to cooperation with foreign countries in the field of law and the proposed program, plan, and cooperation project for the subsequent period according to the form issued together with this Circular (Annex 1). Within three months from the end date of the program, plan, or cooperation project, the Vietnamese agency or organization must submit to the Prime Minister and the Ministry of Justice a report on the results of implementing that program, plan, or cooperation project according to the form issued together with this Circular (Annex 2).

The evaluation and acceptance of the results of programs, plans, and cooperation projects with foreign countries in the field of law shall be carried out in accordance with the general regulations of the State on this matter. The Vietnamese agency or organization must submit to the Ministry of Justice a complete set of documents regarding the results of implementing the program, plan, or cooperation project.

The inspection by the Ministry of Justice shall be based on the six-monthly report and the annual report of the Vietnamese agency or organization. At least ten days prior to the inspection date, the Ministry of Justice shall notify the Vietnamese agency or organization of the time and content of the inspection requirements. Within thirty days from the end of the inspection, the Ministry of Justice shall issue a document to notify the results of the inspection to the relevant Vietnamese agency or organization.

5. IMPLEMENTATION PROVISIONS

5. 1. Vietnamese agencies or organizations currently implementing cooperative activities with foreign countries in the field of law under programs, plans, or projects approved by competent authorities of Vietnam before the effective date of this Decree shall not need to go through the assessment procedures as guided by this Circular but must submit a report on past cooperative legal activities to the Ministry of Justice before June 15, 1999, for consolidation and overall monitoring.

5. 2. This Circular shall take effect fifteen days from the date of signature.

During the implementation process, if there are any difficulties, Vietnamese agencies or organizations should promptly reflect them to the Ministry of Justice for further supplementation and completion of this guiding circular.

During implementation, if any obstacles arise, Vietnamese agencies and organizations shall promptly report to the Ministry of Justice to continue supplementing and perfecting this Circular.