Decree No. 113/2014/ND-CP on international legal cooperation management

DECREE

On international legal cooperation management

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on State Budget dated December 16, 2002;

Pursuant to the Law on Public Debt Management dated June 17, 2009;

Pursuant to the Law on Ratification, Accession and Implementation of International Treaties dated June 14, 2005;

Based on the Ordinance on Signing and Implementing International Agreements dated April 20, 2007;

At the proposal of the Minister of Justice,

The Government issues this Decree on international legal cooperation management.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the management of international cooperation activities of Vietnamese agencies and organizations with foreign agencies and organizations, international organizations in legislative work; legal training and capacity building; organizing conferences, seminars, and roundtables on law within the framework of programs, projects, or non-project aid.

Article 2. Principles for implementing international legal cooperation activities

1. Compliance with the Constitution and laws of Vietnam, consistent with international treaties to which Vietnam is a party, ensuring independence, sovereignty, unity, territorial integrity, national security, and social order and safety.

2. Ensuring transparency and accountability in the implementation of international legal cooperation activities.

3. Equality and non-interference in each other's internal affairs.

4. Ensuring effectiveness, practicality, and avoiding duplication.

5. Emphasizing the responsibility of the heads of managing agencies to ensure compliance with the law and effectiveness in receiving, managing, and using official development assistance (ODA), concessional loans from sponsors, and non-governmental foreign aid in international legal cooperation.

6. The formulation, approval, management, and implementation of programs, projects, and non-project aid related to law must comply with the provisions of this Decree, legal regulations on the management and use of ODA, concessional loans from sponsors, and non-governmental foreign aid, and other relevant legal instruments.

Article 3. Managing agency of programs, projects, and non-project aid related to law

1. The managing agency of programs, projects, and non-project aid related to law (hereinafter referred to as the managing agency) is the agency or organization specified in legal instruments on the management and use of ODA, concessional loans from sponsors, and non-governmental foreign aid.

2. The managing agency has tasks and powers as prescribed in this Decree and legal instruments on the management and use of ODA, concessional loans from sponsors, and non-governmental foreign aid.

Article 4. Mobilization of ODA, concessional loans from sponsors, and non-governmental foreign aid in international legal cooperation

1. Encouraging agencies and organizations to mobilize ODA, concessional loans from sponsors, and non-governmental foreign aid in accordance with legal regulations.

2. The mobilization of ODA, concessional loans from sponsors, and non-governmental foreign aid in international legal cooperation shall be carried out based on the following:

a) Strategies for economic and social development, strategies for building and perfecting the legal system, judicial reform strategies, and national strategies on public debt and foreign debt;

b) Guidelines for attracting and utilizing ODA, concessional loans from sponsors, and mobilizing non-governmental foreign aid;

c) Legal regulations on the management and use of ODA, concessional loans from sponsors, and non-governmental foreign aid.

3. Ministries, ministerial-level agencies, provincial People's Committees shall take the lead and coordinate with the Ministry of Justice, the Ministry of Planning and Investment, the Ministry of Foreign Affairs, and the Vietnam Association of Friendship Organizations to mobilize ODA, concessional loans from sponsors, and non-governmental foreign aid in international legal cooperation at each ministry, sector, and locality.

4. During the process of mobilizing ODA, concessional loans from sponsors, and non-governmental foreign aid in international legal cooperation, the Ministry of Justice shall take the lead and coordinate with the Ministry of Planning and Investment, the Ministry of Foreign Affairs, and relevant agencies to organize forums for development cooperation in the field of law; organize meetings of legal partnership groups; develop a priority cooperation program in the field of law.

Chapter II

BUILDING AND APPROVING PROGRAMS,

PROJECTS FOR LEGAL COOPERATION

Article 5. Legal Cooperation Programs and Projects

Legal cooperation programs and projects are programs and projects of cooperation that have all or part of their content related to lawmaking; legal training and capacity building; organizing international conferences and seminars on law.

Article 6. Drafting the Outline and Approving the List of Sponsors for Legal Cooperation Programs and Projects

1. The managing agency shall draft the outline of legal cooperation programs and projects in accordance with the laws governing the management and utilization of ODA and preferential loans from sponsors.

2. The Ministry of Planning and Investment (for the list of sponsors within the Prime Minister's approval authority) and the managing agency (for the list of sponsors within the managing agency's approval authority) shall be responsible for soliciting opinions from the Ministry of Justice and relevant agencies and organizations regarding the outline of legal cooperation programs and projects.

The Ministry of Justice and relevant agencies and organizations, upon being solicited for opinions, shall provide written responses within the time limit stipulated in the laws governing the management and utilization of ODA and preferential loans from sponsors.

3. The submission and approval of the list of sponsors shall be carried out in accordance with the laws governing the management and utilization of ODA and preferential loans from sponsors.

Within five working days from the date of approval of the list of sponsors, the Ministry of Planning and Investment (for the list of sponsors within the Prime Minister's approval authority) and the managing agency (for the list of sponsors within the managing agency's approval authority) shall send the notification of the list of sponsors or the Decision approving the list of sponsors along with the outline of legal cooperation programs and projects to the Ministry of Justice for consolidation and monitoring.

Article 7. Review and Provide Opinions on Documentation of Legal Cooperation Programs and Projects

1. The managing agency shall be responsible for submitting the documentation of legal cooperation programs and projects to the Ministry of Justice for review (for documentation of programs and projects within the Prime Minister's approval authority) and for providing opinions (for documentation of programs and projects within the managing agency head's approval authority).

2. The content of the review and provision of opinions on the documentation of legal cooperation programs and projects includes:

a) The constitutionality and legality of the legal cooperation program and project; the consistency of the legal cooperation program and project with international treaties to which Vietnam is a party;

b) The non-duplication of the legal cooperation program and project with other legal cooperation programs and projects;

c) The necessity and feasibility of the content of legal cooperation in the program and project;

d) The consistency of the objectives and content of the program and project with the functions, tasks, and implementation capabilities of the managing agency.

3. The Ministry of Justice shall be responsible for sending its opinions to the managing agency no later than twelve days from the date of receipt of complete and valid documents, except where otherwise provided by law.

4. The managing agency shall be responsible for studying and adopting the review opinions and suggestions of the Ministry of Justice; if not adopted, it must provide explanations.

5. The Minister of Justice shall specify in detail the procedures and documentation for reviewing and providing opinions on the documentation of legal cooperation programs and projects.

Article 8. Approval of program and project cooperation legal documents

1. The submission and approval of program and project cooperation legal documents shall be carried out in accordance with the provisions of laws on the management and use of ODA and concessional loans from donors and non-governmental foreign aid.

2. Within five working days from the date the competent authority approves the program and project cooperation legal documents, the managing agency shall send to the Ministry of Justice the decision on approval along with the approved program and project cooperation legal documents.

Article 9. Amendment and supplementation of program and project cooperation legal documents

1. In cases where the amendment and supplementation of program and project cooperation legal documents do not lead to changes in the Decision approving the Aid Program List, the managing agency shall be responsible for seeking the opinion of the Ministry of Justice before submitting to the Prime Minister for approval or approving within its competence the changed contents in the program and project cooperation legal documents in accordance with the provisions of laws on the management and use of ODA and concessional loans from donors and non-governmental foreign aid.

2. The amendment and supplementation of program and project cooperation legal documents leading to changes in the Decision approving the Aid Program List shall be implemented in accordance with the provisions of laws on the management and use of ODA and concessional loans from donors and non-governmental foreign aid and Article 6 of this Decree.

Based on the Decision approving the Aid Program List, the managing agency shall organize the review and approval of the changed contents in the program and project cooperation legal documents in accordance with the provisions of laws on the management and use of ODA and concessional loans from donors and non-governmental foreign aid and the provisions of this Decree.

Chapter III

AND JUDICIAL REFORM

Article 10. Development of Annual Implementation Plan for Programs and Projects

1. The program and project leaders shall develop the Annual Implementation Plan for programs and projects in accordance with the provisions of laws on the management and use of ODA and concessional loans from donors and non-governmental foreign aid.

2. The program and project leaders, through the managing agency, shall be responsible for sending the content related to legal cooperation in the Annual Implementation Plan for programs and projects to the Ministry of Justice within five working days from the date the plan is approved for consolidation and monitoring.

Article 11. Legal Cooperation in Law Building

1. Legal cooperation in law building shall be carried out through forms such as providing experts, supporting information and materials, organizing surveys to serve law building, organizing conferences and seminars on law building using ODA and concessional loans from foreign donors and non-governmental foreign aid.

2. The organization of conferences and seminars on law building shall be carried out in accordance with Article 13 of this Decree.

3. After the completion of activities, the managing agency shall be responsible for organizing the acceptance of output results and implementing the sharing of information and international cooperation results on law building in accordance with Article 14 of this Decree.

Article 12. Legal Cooperation in Training and Capacity Building

1. Legal cooperation in training and capacity building shall be carried out through the following forms:

a) Providing consulting experts to carry out studies related to legal training and capacity building;

b) Exchanging lecturers;

c) Organizing surveys on training and capacity building experiences; organizing training, capacity building, and training courses on law.

2. The organization of conferences and seminars aimed at training and capacity building on law shall be carried out in accordance with Article 13 of this Decree.

3. Other cooperative activities on legal training and capacity building shall be carried out in accordance with the provisions of laws.

4. After the completion of activities, the managing agency shall be responsible for organizing the acceptance of output results and implementing the sharing of information and international cooperation results on law in accordance with Article 14 of this Decree.

Article 13. Organizing International Conferences and Seminars on Law

The organization of international conferences and seminars on law shall be carried out in accordance with the provisions of the law on organizing and managing international conferences and seminars in Vietnam and the following provisions:

1. When organizing international conferences and seminars on law within the authority to decide of the Prime Minister, Vietnamese agencies and organizations, and foreign organizations when organizing international conferences and seminars on law shall be responsible for:

a) Seeking written opinions from the Ministry of Justice and relevant agencies before organizing the conference or seminar. The Ministry of Justice and agencies receiving the request for opinions shall be responsible for replying in writing within fifteen days from the date of receipt of the request for opinions regarding the organization of the conference or seminar;

b) Submitting a summary report on the results of organizing the conference or seminar to the Ministry of Justice within fifteen days from the end date of the conference or seminar.

2. After the conclusion of the conference or seminar, the agencies and organizations primarily responsible for organizing the conference or seminar shall be responsible for sharing information and results of international cooperation on law as stipulated in Article 14 of this Decree.

3. The application dossier for seeking opinions on organizing international conferences and seminars on law includes:

a) A written request for opinion;

b) A plan or proposal for organizing international conferences and seminars on law in accordance with the provisions of the law on organizing and managing international conferences and seminars in Vietnam;

c) Other explanatory documents (if any).

4. The Minister of Justice shall prescribe the format of the summary report on the results of organizing international conferences and seminars on law.

Article 14. Sharing Information and Results of International Cooperation on Law

1. The supervising agency shall submit the results of international cooperation on law to the Ministry of Justice for consolidation and updating into the database of international cooperation on law, posting on the Ministry of Justice's electronic portal, and sharing information through one of the following methods:

a) Publishing information and results of international cooperation on law on its own electronic portal;

b) Printing and distributing publications on the results of international cooperation on law;

c) Other methods prescribed by law.

2. The sharing of information and results of international cooperation on law must ensure compliance with laws on protecting state secrets and other related laws.

Chapter IV

MONITORING AND EVALUATING INTERNATIONAL COOPERATION ON LAW

 INTERNATIONAL COOPERATION ON LAW

Article 15. Responsibilities for Monitoring and Evaluating the Implementation of International Cooperation on Law

1. The Program Management Board shall be responsible for regularly monitoring and evaluating programs and projects of legal cooperation.

2. The program/project leader shall be responsible for directing, urging, and supporting the Program Management Board in monitoring and evaluating programs and projects of legal cooperation.

3. The leading supervisory agency shall take the lead in formulating plans, coordinating with relevant agencies to conduct or hire consultants to conduct impact assessments of programs and projects of legal cooperation.

4. The Ministry of Justice shall take the lead, in coordination with relevant agencies, to establish and operate a monitoring and evaluation information system for programs and projects, facilitating information sharing and utilization of this system.

Article 16. Reporting System

1. The program/project leader shall prepare a final report on the program/project of legal cooperation within six months from the end date of the program/project and submit it to the Ministry of Planning and Investment and the Ministry of Justice for consolidation and tracking.

2. Annually, the supervisory agency shall be responsible for submitting a report on the implementation of international cooperation on law to the Ministry of Justice no later than January 15 of the following year according to a unified form issued by the Ministry of Justice.

3. The Ministry of Justice shall be responsible for consolidating and preparing a report on the situation of international cooperation on law nationwide, presenting it to the Prime Minister no later than the last day of February of the following year, and sending it to the Ministry of Planning and Investment for consolidation and tracking.

Article 17. Inspection and Audit of International Cooperation on Law Implementation

1. Ministries, ministerial-level agencies, provincial People's Committees shall be responsible for inspecting the implementation of international cooperation on law within their respective sectors, fields, and localities.

2. The Ministry of Justice shall conduct regular and spot inspections of the implementation of international cooperation on law nationwide. When necessary, the Ministry of Justice may establish inter-sectoral inspection teams comprising representatives from relevant agencies.

3. Spot inspections shall be carried out when signs of violations by agencies or organizations are detected, upon request to resolve complaints, denunciations, or anti-corruption measures, or at the request of the Minister of Justice.

4. During the inspection process, if violations are discovered, the inspecting agency has the authority to handle them within its jurisdiction or to recommend that competent authorities handle them according to the law.

5. Audits of the implementation of international cooperation on law shall be conducted in accordance with the laws on audit.

Article 18. Handling violations

1. Agencies and organizations participating in international cooperation on law that commit administrative violations shall be subject to penalties as prescribed by the laws on administrative offenses.

2. Programs, projects, non-project legal aid shall be temporarily suspended if they do not conduct activities within the framework of such programs, projects, or non-project legal aid for a continuous period of twelve months from the date of approval, except where permission is granted by competent authorities.

3. Programs, projects, non-project legal aid shall be fully or partially terminated if they fall under any of the following circumstances:

a) The implementation of programs, projects, or non-project legal aid results in activities detrimental to national independence, sovereignty, unity, territorial integrity, national security, and social order and safety;

b) They do not conduct activities within the framework of such programs, projects, or non-project legal aid for a continuous period of twenty-four months from the date of approval, except where permission is granted by competent authorities.

4. Upon discovering violations as stipulated in Clause 2 and 3 of this Article, the Ministry of Justice shall recommend that the competent authority approve the temporary suspension or termination of programs, projects, or non-project legal aid.

5. The Minister of Justice shall specify detailed procedures and formalities for the temporary suspension and termination of programs, projects, or non-project legal aid.

Chapter V

RESPONSIBILITIES OF AGENCIES AND ORGANIZATIONS IN THE MANAGEMENT OF INTERNATIONAL COOPERATION ON LAW

INTERNATIONAL LEGAL COOPERATION MANAGEMENT

Article 19. Responsibilities of the Ministry of Justice

The Ministry of Justice assists the Government in uniformly managing state administration over international cooperation on law, with specific tasks and powers as follows:

1. To take the lead in drafting and submitting to competent state authorities for promulgation, or promulgating within its authority, normative legal documents on international cooperation on law.

2. To establish and maintain the operation of the Legal Partnership Group.

3. To review and provide comments on draft documents of legal cooperation programs and projects.

4. To disseminate and popularize laws on international cooperation on law.

5. To monitor, urge, inspect, and audit the implementation of international cooperation on law; to take the lead in organizing inter-sectoral inspection teams for the implementation of international cooperation on law.

6. To report annually to the Prime Minister on the situation of international cooperation on law implementation nationwide.

7. Other tasks and powers as prescribed by law.

Article 20. Responsibilities of the Ministry of Planning and Investment

The Ministry of Planning and Investment shall cooperate with the Ministry of Justice in managing state administration over international cooperation on law, with the following tasks and powers:

1. To propose the Ministry of Justice and related agencies to participate in commenting on the outline of legal cooperation programs and projects included in the list of grants under the Prime Minister's approval authority.

2. To require the principal management agency to seek the Ministry of Justice's review opinion on program and project documents under the Prime Minister's approval authority before submitting them to the Prime Minister for approval.

3. To join inter-sectoral inspection teams at the request of the Ministry of Justice.

4. Other duties and powers as prescribed by law.

Article 21. Responsibilities of the Ministry of Public Security

The Ministry of Public Security shall coordinate with the Ministry of Justice and relevant agencies managing international cooperation on law to perform the following tasks and powers:

1. Participate in reviewing and providing opinions on legal cooperation program documents, projects, and ensuring public security and order during international legal cooperation as prescribed by law.

2. Join inter-ministerial inspection teams at the request of the Ministry of Justice.

3. Other duties and powers as prescribed by law.

Article 22. Responsibilities of the Ministry of Foreign Affairs

The Ministry of Foreign Affairs shall be responsible for coordinating with the Ministry of Justice and relevant agencies managing international cooperation on law to perform the following tasks and powers:

1. Participate in mobilizing ODA, preferential loans, and non-governmental foreign aid in the field of law.

2. Join inter-ministerial inspection teams at the request of the Ministry of Justice.

3. Other duties and powers as prescribed by law.

Article 23. Responsibilities of the Vietnam Association of Friendship Organizations

1. Perform tasks and powers in managing international legal cooperation using non-governmental foreign aid as prescribed by law on the management and use of non-governmental foreign aid.

2. Take the lead and coordinate with the Ministry of Justice, ministries, ministerial-level agencies, provincial People's Committees, and related agencies to mobilize non-governmental foreign aid for law.

3. To join inter-sectoral inspection teams at the request of the Ministry of Justice.

Article 24. Responsibilities of Ministries and Ministerial-Level Agencies

1. Perform tasks and powers in managing international legal cooperation using ODA, preferential loans from donors, and non-governmental foreign aid as prescribed by law on the management and use of ODA, preferential loans from donors, and non-governmental foreign aid.

2. Summarize, evaluate, and inspect the implementation of international legal cooperation within their respective ministries and sectors as prescribed by this Decree and related laws.

Article 25. Responsibilities of Provincial People's Committees

1. Provincial People's Committees manage international legal cooperation at the local level and have the following tasks and powers:

a) Perform tasks and powers in managing legal cooperation programs and projects using ODA, preferential loans from donors, and non-governmental foreign aid at the local level as prescribed by law on the management and use of ODA, preferential loans from donors, and non-governmental foreign aid;

b) Organize mobilization within their authority or support mobilization of ODA, preferential loans from donors, and non-governmental foreign aid for law at the local level when requested by the Ministry of Justice;

c) Summarize, evaluate, and inspect the implementation of international legal cooperation at the local level as prescribed by law.

2. Departments of Justice are responsible for assisting Provincial People's Committees in state management of international legal cooperation at the local level.

Article 26. Responsibilities of the Managing Agency

1. Submit to the Ministry of Justice for comments on the outline of legal cooperation programs and projects in the funding list under the approval authority of the managing agency as prescribed in Article 6 of this Decree.

2. Submit to the Ministry of Justice for review and comments on legal cooperation program and project documents as prescribed in Article 7 of this Decree.

3. Approve legal cooperation programs, projects, and non-project aid according to their authority.

4. Manage the implementation, supervise, and evaluate legal cooperation programs, projects, and non-project aid as prescribed in this Decree and related laws.

5. Publicly disclose and be accountable for the effectiveness of ODA, preferential loans, and non-governmental foreign aid usage; the effectiveness and progress of international legal cooperation directly managed and implemented by them.

6. Implement regulations on protecting state secrets and information dissemination during international legal cooperation.

7. Share information and results of international legal cooperation as prescribed in Article 14 of this Decree.

8. Fully comply with reporting requirements as prescribed in Article 16 of this Decree and related laws.

9. Perform other tasks and exercise other powers as prescribed by law.

Chapter VI

IMPLEMENTING PROVISIONS

Article 27. Effective Date

This Decree takes effect from March 1, 2015, and replaces Government Decree No. 78/2008/NĐ-CP dated July 17, 2008, on the management of cooperation with foreign countries on law.

Article 28. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees, and related agencies are responsible for implementing this Decree./.