Circular No. 10/2008/TT-BTP guiding the implementation of certain provisions of Government Decree No. 78/2008/NĐ-CP dated July 17, 2008 on management of cooperation with foreign countries regarding law

CIRCULAR

Guidelines for Implementing Certain Provisions of Decree No. 78/2008/NĐ-CP

dated July 17, 2008, of the Government on the Management of Cooperation with Foreign Countries Regarding Law

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Pursuant to Decree No. 93/2008/NĐ-CP dated August 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to Decree No. 78/2008/NĐ-CP dated July 17, 2008, of the Government on the Management of Cooperation with Foreign Countries Regarding Law;

The Ministry of Justice issues guidelines for implementing certain provisions of Decree No. 78/2008/NĐ-CP dated July 17, 2008, of the Government on the Management of Cooperation with Foreign Countries Regarding Law (hereinafter referred to as Decree No. 78/2008/NĐ-CP) as follows:

I. REVIEW BOARD FOR COOPERATION PROGRAMS AND PROJECTS

1. Composition of the Review Board

The composition of the Review Board in cases prescribed in Article 13 of Decree No. 78/2008/NĐ-CP includes:

- The Chairperson and Secretary of the Board appointed by the Minister of Justice upon the proposal of the Director of the Department of International Cooperation, Ministry of Justice;

- Members of the Board comprising representatives from units under the Ministry of Justice, the Ministry of Planning and Investment, the Ministry of Foreign Affairs, the Ministry of Finance, the Office of the Government, the Committee for Non-Governmental Organizations from Abroad, and other relevant agencies and organizations, excluding representatives of the unit requesting review;

- The Minister of Justice decides on the specific list of Board members based on proposals from related ministries and sectors. Depending on the nature and content of the program or project, the Minister of Justice decides to invite experts and scientists to participate in the Review Board to provide advisory opinions to support the activities of the Board;

- The number of Review Board members must be at least seven, with representatives from the Ministry of Justice not exceeding half of the total number.

2.Meeting of the Review Board

a) The meeting for review shall be convened and chaired by the Chairperson of the Review Board within five working days from the date the Ministry of Justice sends the review dossier to the Board members.

within five working days from the date on which the Ministry of Justice sends the examination file to

the members of the Council.

The meeting of the Review Board can only be held if at least two-thirds of the total number of Board members are present. In case of inability to attend the meeting, Board members must submit their review opinions in writing to the Chairperson of the Board.

b) The meeting of the Review Board shall proceed in the following sequence:

- The Chairperson of the Review Board announces the purpose of the meeting;

- A representative of the unit requesting review presents the basic content of the program or project and other necessary information;

- The Secretary of the Review Board reads out the opinions of absent Board members (if any);

- Board members discuss, focusing on the review contents stipulated in Article 10 of Decree No. 78/2008/NĐ-CP;

- The Chairperson of the Board concludes each issue.

c) The Secretary of the Review Board is responsible for organizing the minutes of the meeting of the Review Board. The minutes must record all statements made during the meeting. Issues that have not been agreed upon by the Board must also be clearly recorded in the minutes. The minutes must be signed by the Chairperson and Secretary of the Review Board.

3.Preparation of the Review Board's Review Document

- Based on the minutes of the Review Board meeting, within at least three working days from the end of the meeting, the Secretary of the Review Board is responsible for preparing a draft review document to be submitted to the Chairperson of the Review Board for examination and signing of the review document. The review document will bear the seal of the Ministry of Justice.

- Within the latest five working days after the end of the Review Board meeting, the minutes of the meeting and the review document must be sent to the managing agency for study and revision of the draft cooperation program or project document before submission to the Prime Minister for consideration and approval; simultaneously, they must be sent to the Office of the Government and the Ministry of Planning and Investment for monitoring and consolidation.

4. Adoption of Review Opinions

The managing agency is responsible for studying and adopting the Review Board's opinions. In case of disagreement with the Review Board's opinions, the managing agency must submit a written explanation to the Ministry of Justice. If there is disagreement with the managing agency's explanation, the Ministry of Justice will organize a meeting with the managing agency to reach consensus. In case the managing agency still maintains its position, the Ministry of Justice will prepare a report to the Prime Minister for consideration and decision.

II. REPORTING REGIME SITUATION OF IMPLEMENTATION OF PROGRAMS AND PROJECTS

1. Deadline for Submission of Reports a) By the latest May 30 and November 30 each year, the managing agencies shall submit to the Ministry of Justice reports on the implementation of foreign cooperation activities regarding law according to Model No. 2 issued together with this Circular.

a) Not later than May 30 and November 30 each year, the managing agencies shall submit to the Ministry of Justice reports on the implementation of activities related to cooperation with foreign countries in the field of law according to Model No. 2 issued together with this Circular.

b) In cases where the National Assembly or the Government requests an urgent report on the situation of cooperation with foreign countries in the field of law, the managing agencies shall be responsible for closely coordinating with the Ministry of Justice in providing information to ensure the progress and quality of the report.

2. Content of Reports Report

The reports submitted by the managing agencies to the Ministry of Justice shall include the following main contents:

a) Statistics on projects, programs, and activities of cooperation with foreign countries regarding law, including components related to legal cooperation in other projects and programs;

b) General assessment of the situation of cooperation with foreign countries regarding law;

c) Assessment of the contributions of projects, programs, and activities of cooperation with foreign countries regarding law;

d) Limitations and difficulties encountered during cooperation with foreign countries regarding law, along with their causes;

e) Recommendations to the Government and the Ministry of Justice on measures to enhance the effectiveness of cooperation with foreign countries regarding law.

III. IMPLEMENTATION ORGANIZATIONIỆN ||| VIETNAMESE TEXT "IỆN" DOES NOT HAVE A TRANSLATION IN ENGLISH AS IT APPEARS TO BE A TYPO OR UNINTENDED CHARACTER.

1. This Circular takes effect forty-five (45) days from the date of issuance.

The following forms are attached to this Circular:

- Model No. 1: Outline of Proposal for Demand for Cooperation with Foreign Countries Regarding Law.

- Model No. 2: Report on the Implementation of Programs and Projects of Cooperation with Foreign Countries Regarding Law.

2. During the implementation process, if there are difficulties or new developments arise, the managing agencies shall reflect these in writing to the Ministry of Justice for timely guidance./.