Decree No. 103/1998/NĐ-CP On Management of Cooperation with Foreign Countries on Law

DECREE

Regarding management of cooperation with foreign countries on legal matters

_________________

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

To strengthen state management and enhance the effectiveness of activities related to cooperation with foreign countries on legal matters;

At the proposal of the Minister of Justice,

DECREE:

PART I
GENERAL PROVISIONS

Article 1. Scope of Application

This Decree applies to activities related to legal cooperation conducted by Ministries, ministerial-level agencies, agencies under the Government, and central agencies of political-social organizations and social organizations (hereinafter referred to as "Vietnamese Agencies") with government agencies, international organizations, and non-governmental organizations from foreign countries (hereinafter referred to as "Foreign Agencies").

Subordinate units of the Vietnamese Agencies mentioned in this Article must cooperate with foreign countries on legal matters through their respective managing Vietnamese Agencies.

Article 2. Principles for Cooperation with Foreign Countries on Legal Matters

1. Cooperation with foreign countries on legal matters must be carried out based on ensuring independence, sovereignty, national security, compliance with the Constitution, laws, customs, and traditions of the nation, ensuring effectiveness and practicality, and avoiding duplication.

2. Cooperation with foreign countries on legal matters must be carried out based on programs, plans, and projects signed in writing between Vietnamese Agencies and Foreign Agencies after obtaining permission from the competent authority of Vietnam as stipulated in Clause 2, Article 4 of this Decree.

The content of cooperation programs, plans, and projects must be based on the guidelines, policies, and development strategies for economic and social affairs of the Party and State, the legislative program of the National Assembly, the priority level of the cooperation issue, and the capacity for cooperation of Vietnamese Agencies as well as Foreign Agencies.

3. The formation, permission to sign, and implementation of cooperation programs, plans, and projects must comply with the provisions of this Decree, the Regulation on Management and Utilization of Official Development Assistance (ODA) issued together with Decision No. 87/CP dated August 5, 1997, and other relevant legal documents.

Article 3. Activities Related to Cooperation with Foreign Countries on Legal Matters

Activities related to cooperation with foreign countries on legal matters as prescribed in this Decree include:

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

2. Researching and collecting necessary information and experience in improving the operation and enhancing the effectiveness of judicial organs and auxiliary judicial organs;

3. Training professions and improving the qualifications of staff involved in drafting regulatory legal documents, judges, court clerks, prosecutors, investigators, enforcement officers, criminal execution officials, arbitrators, notaries, lawyers, and other judicial positions;

4. Teaching law at university and postgraduate levels;

5. Organizing conferences, seminars, and roundtable discussions on law that are not tied to the cooperative activities specified in Points 1, 2, 3, and 4 of this Article;

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

Article 4. Management of Cooperation with Foreign Countries on Legal Matters

1. The Government shall uniformly manage cooperation with foreign countries on legal matters, including:

a) Issuing regulatory legal documents on cooperation with foreign countries on legal matters;

b) Deciding on the policy and direction of cooperation;

c) Directing negotiations, signing, and implementing cooperation programs, plans, and projects;

d) Inspecting and auditing the implementation of cooperation programs, plans, and projects.

2. The Prime Minister shall decide on the following issues:

a) Submitting to the President for consideration and decision on cooperation programs, plans, and projects on legal matters signed in the name of the State;

b) Deciding on negotiations, signing, amending, supplementing, extending, suspending, or terminating cooperation programs, plans, and projects with foreign countries on legal matters signed in the name of the Government;

c) Approving the policy for negotiations, signing, amending, supplementing, extending, or suspending, terminating cooperation programs, plans, and projects with foreign countries on legal matters of Vietnamese Agencies as stipulated in Article 1 of this Decree;

d) Participating in opinions on cooperation programs, plans, and projects with foreign countries on legal matters of agencies of the National Assembly, the Supreme People's Court, the Supreme People's Procuracy, and other agencies and organizations when requested.

Article 5. Responsibilities of the Ministry of Justice

The Ministry of Justice assists the Government in managing uniformly activities of cooperation with foreign countries on legal matters, having the following tasks and powers:

1. Drafting and submitting to competent state agencies for issuance, and issuing within its authority, legal normative documents on legal cooperation with foreign countries;

2. Building and submitting to the Government proposals and directions for legal cooperation with foreign countries;

3. Summarizing and coordinating the contents of programs, plans, and projects of legal cooperation with foreign countries;

4. Reviewing the contents of programs, plans, and projects of cooperation, including amendments, supplements, or extensions of such programs, plans, and projects;

5. Coordinating with the Ministry of Planning and Investment, the Ministry of Foreign Affairs, and the Ministry of Public Security to monitor, inspect, and evaluate the implementation of the contents of programs, plans, and projects of legal cooperation with foreign countries;

6. Directing, urging, and inspecting Vietnamese Agencies and Organizations specified in Article 1 of this Decree to implement cooperative activities in accordance with the provisions of this Decree; in case of violations, proposing appropriate measures to the Prime Minister according to Articles 15 and 16 of this Decree.

Article 6. Responsibilities of Ministries, Agencies Equivalent to Ministries, and Government Agencies

1. The Ministry of Planning and Investment manages programs, plans, and projects of cooperation with foreign countries on legal matters using ODA funds in accordance with the regulations on management and use of ODA funds, and is responsible for coordinating with the Ministry of Justice in implementing this task.

2. The Ministry of Foreign Affairs, the Ministry of Public Security, the Ministry of Finance, and other ministries, agencies equivalent to ministries, and government agencies manage programs, plans, and projects of cooperation in accordance with the law, and are responsible for coordinating with the Ministry of Justice in managing legal cooperation with foreign countries as stipulated in this Decree.

Article 7. Responsibilities of Vietnamese Agencies and Organizations in Implementing Legal Cooperation Activities with Foreign Countries

Vietnamese Agencies and Organizations are responsible for selecting partners and cooperation content, effectively implementing signed programs, plans, and projects of legal cooperation with foreign countries, and ensuring strict compliance with cooperation principles set forth in Article 2 of this Decree.

PART II
FORMATION, APPROVAL AND IMPLEMENTATION OF PROGRAMS, PLANS AND PROJECTS FOR COOPERATION WITH FOREIGN COUNTRIES ON LEGAL MATTERS
PLAN, PROJECT FOR LEGAL COOPERATION WITH FOREIGN COUNTRIES

Article 8. Formation of Programs, Plans, and Projects for Cooperation

1. Vietnamese Agencies and Organizations that have a need for cooperation with foreign countries on legal matters and have identified cooperation partners must coordinate with the Ministry of Planning and Investment, the Ministry of Justice, and relevant agencies to form cooperation content in the form of programs, plans, and projects for legal cooperation with foreign countries.

2. In cases where Vietnamese Agencies and Organizations have a need for legal cooperation but have not yet identified foreign partners, they may request the Ministry of Justice or the Ministry of Planning and Investment to assist in finding partners.

Article 9. Review by the Ministry of Justice of Programs, Plans, and Projects for Cooperation

1. After forming programs, plans, and projects for cooperation, Vietnamese Agencies and Organizations must send a letter requesting the Ministry of Justice to review.

Attached to the request for review must be draft programs, plans, and projects for cooperation, explanatory documents, proof of commitment from foreign agencies and organizations, and opinions of related ministries and sectors regarding these programs, plans, and projects.

2. The Ministry of Justice's review opinion on programs, plans, and projects for cooperation focuses on the following aspects:

a) The degree of alignment of the objectives, content, forms of cooperation, and expected results of the programs, plans, and projects for cooperation with the Party and State's policies, socio-economic development strategies, the legislative program of the National Assembly, the priority level of the cooperation issue, and the functions and tasks of Vietnamese Agencies and Organizations;

b) The status, professional expertise, and cooperation experience of foreign agencies and organizations;

c) The economic and social benefits of implementing the programs, plans, and projects for cooperation;

d) Potential adverse factors of the programs, plans, and projects for cooperation.

3. Within fifteen days from the date of receipt of complete files, the Ministry of Justice must provide a written review opinion to the Vietnamese Agencies and Organizations that requested it.

Article 10. Procedures for submitting cooperation programs, plans, and projects

1. The submission to the Prime Minister for consideration and decision on cooperation programs, plans, and projects using ODA sources must follow the procedures stipulated in the Regulation on Management and Use of ODA Sources, implementing documents thereof, and must be accompanied by a review document from the Ministry of Justice.

2. For cooperation programs, plans, and projects not using ODA sources, after receiving the review document from the Ministry of Justice, the Vietnamese agency or organization shall submit a report to the Prime Minister for consideration and decision.

In addition to the review document from the Ministry of Justice, the report must also include the opinion of the Ministry of Foreign Affairs regarding the signing of international treaties and the opinion of the Ministry of Finance concerning the contribution of the Vietnamese agency or organization.

3. The Prime Minister shall consider and decide on cooperation programs, plans, and projects according to the provisions at points a, b, and c, Clause 2, Article 4 of this Decree.

Article 11. Implementation of cooperation programs, plans, and projects

1. Vietnamese agencies and organizations may only implement cooperation programs, plans, and projects after the signed document becomes legally effective.

2. The implementation of cooperation contents and specific activities under the program, plan, or project must be carefully prepared in terms of content, ensuring expected results, high effectiveness, practicality, alignment with objectives, and protection of state secrets.

3. Procedures for deciding on outbound and inbound delegations and providing information pursuant to cooperation programs, plans, and projects must comply with current legal regulations.

4. During the implementation process, Vietnamese agencies and organizations must regularly coordinate closely with the Ministry of Justice, the Ministry of Public Security, the Ministry of Foreign Affairs, the Ministry of Planning and Investment, and the Ministry of Finance regarding issues within their respective specialized management authorities.

Article 12. Amending, Supplementing, and Adjusting Cooperation Programs, Plans, and Projects

1. During the implementation process, if there is a need to amend, supplement, or adjust cooperation programs, plans, and projects with foreign countries concerning laws that change the objectives of such programs, plans, or projects or alter the content of signed international treaties, then Vietnamese agencies and organizations must go through the review procedure and submit to the Prime Minister for consideration and decision according to the provisions of Articles 9 and 10 of this Decree.

2. In cases where amendments, supplements, or adjustments do not change the objectives of the cooperation programs, plans, or projects or do not alter the content of signed international treaties, Vietnamese agencies and organizations may make decisions after reaching consensus with the Ministry of Justice; if the amendments, supplements, or adjustments involve the use of ODA or financial contributions from Vietnam, they must also reach consensus with the Ministry of Planning and Investment or the Ministry of Finance.

Article 13. Reporting and Consolidation of Cooperation Situations

1. Vietnamese agencies and organizations are responsible for periodically reporting every six months and annually to the Prime Minister and concurrently sending reports to the Ministry of Justice on the situation of cooperation activities with foreign countries concerning laws and the planned implementation of cooperation programs, plans, and projects for the subsequent period, following a unified form prescribed by the Ministry of Justice.

2. The Ministry of Justice is responsible for consolidating the situation, analyzing, and evaluating cooperation activities with foreign countries concerning laws, and periodically reporting annually to the Prime Minister.

CHAPTER III
INSPECTION AND VIOLATION HANDLING

Article 14. Inspection of the implementation of cooperation programs, plans, and projects

1. The Ministry of Justice shall be responsible for assisting the Government in inspecting the implementation of legal cooperation programs, plans, and projects of Vietnamese Agencies and Organizations; Vietnamese Agencies and Organizations shall be responsible for creating favorable conditions for such inspections.

The Ministry of Public Security, the Ministry of Planning and Investment, and the Ministry of Finance shall carry out specialized inspections in accordance with the provisions of the law.

In cases where necessary, the Ministry of Justice may establish inter-ministerial inspection teams to inspect the implementation of cooperation programs, plans, and projects.

2. During inspections, the Ministry of Justice, the Ministry of Public Security, the Ministry of Planning and Investment, the Ministry of Finance, and inter-ministerial inspection teams have the right to request Vietnamese Agencies and Organizations implementing cooperation programs, plans, and projects to rectify cooperative activities; if violations of the law are found during the implementation of these programs, plans, and projects, they shall recommend the Prime Minister to consider and handle them.

Article 15. Handling Violations

1. Cooperation programs, plans, and projects with foreign countries on legal matters of Vietnamese Agencies and Organizations that have not been permitted by the competent authority as stipulated in Clause 2 of Article 4 of this Decree shall be canceled.

2. Organizations and individuals who violate the provisions of this Decree and related legal provisions shall be subject to handling according to the level of violation as prescribed by law; in cases where the violation causes property damage, compensation must be provided in accordance with the law.

Article 16. Suspension and Cancellation of Cooperation Programs, Plans, and Projects

The suspension and cancellation of cooperation programs, plans, and projects with foreign countries on legal matters of Vietnamese Agencies and Organizations as specified in Article 1 of this Decree shall be decided by the competent State agency in accordance with the provisions of the law.

PART IV
IMPLEMENTING PROVISIONS

Article 17. This applies to other cooperation programs, plans, and projects involving legal cooperation.

The provisions of Article 9 of this Decree also apply to the review of the content of legal cooperation in various programs, plans, and projects in other fields implemented by Vietnamese agencies and organizations with foreign countries.

Article 18. Effective Date

1. This Decree takes effect fifteen days from the date of signature and revokes Decision No. 1391/NC dated September 3, 1989, of the Chairman of the Council of Ministers on unifying international cooperation plans in the field of law.

The Minister of Justice is responsible for guiding the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of provincial People's Committees under central cities are responsible for enforcing this Decree./.