Decree No. 26/2024/NĐ-CP on the Management of International Cooperation in Law and Judicial Reform

DECREE

International Cooperation in Law and Judicial Reform Management

Pursuant to the Government Organization Law dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Government Organization Law and the Local Administration Organization Law dated November 22, 2019;

Pursuant to the Law on Issuing Legal Normative Documents dated June 22, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Issuing Legal Normative Documents dated June 18, 2020;

At the proposal of the Minister of Justice;

The Government issues this Decree on the Management of International Cooperation in Law and Judicial Reform.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Decree stipulates the management of international cooperation in law and judicial reform including principles, contents, forms of cooperation, implementation of cooperation, and responsibilities of Vietnamese agencies and organizations participating in international cooperation in law and judicial reform.

Article 2. This Decree applies to Vietnamese agencies and organizations participating in activities related to international cooperation in law and judicial reform.

Article 2. Interpretation of Terms

In this Decree, the following terms shall be understood as follows:

1. "Agency, organization implementing cooperation" refers to the subject primarily responsible for conducting international cooperation activities in law and judicial reform, including:

a) The Supreme People's Procuracy; the Supreme People's Court; the National Assembly's Ethnic Council and its Committees; agencies under the Standing Committee of the National Assembly, the National Assembly Office; the State Audit Agency; the President's Office; ministries, ministerial-level agencies, and government agencies (hereinafter collectively referred to as central state agencies).

b) Political-social organizations, political-social-professional organizations, social organizations, social-professional organizations (organizations); associations, social funds, charitable funds, scientific and technological organizations (associations, social funds, scientific organizations) established in accordance with relevant laws (hereinafter collectively referred to as organizations, associations, social funds, scientific organizations).

c) Provincial People's Committees (hereinafter collectively referred to as provincial People's Committees).

d) Units and organizations under the management authority of the subjects primarily responsible for conducting international cooperation activities as specified in points a, b, and c of this Clause.

2. "Managing agency of programs, projects, non-project activities" includes agencies and organizations as prescribed in Decree No. 114/2021/NĐ-CP dated December 16, 2021 of the Government on the management and use of official development assistance (ODA) and concessional loans from foreign donors (Decree No. 114/2021/NĐ-CP) and Decree No. 80/2020/NĐ-CP dated July 8, 2020 of the Government on the management and use of non-refundable aid not included in official development assistance provided by foreign agencies, organizations, and individuals for Vietnam (Decree No. 80/2020/NĐ-CP).

3. "International cooperation in law and judicial reform" includes activities involving participation or funding by foreign partners with all or part of the content concerning law and judicial reform as stipulated in Clause 1, Article 4 of this Decree and implemented in the form prescribed in Clause 2, Article 4 of this Decree.

4. "Programs, projects, non-project activities" on law and judicial reform are technical assistance projects, non-project activities using non-refundable ODA funds as prescribed in Decree No. 114/2021/NĐ-CP or programs, projects, non-project activities as prescribed in Decree No. 80/2020/NĐ-CP having all or part of the content of international cooperation in law and judicial reform as stipulated in Clause 1, Article 4 of this Decree. 5. "International conferences, seminars" on law and judicial reform are conferences and seminars as prescribed in Decision No. 06/2020/QĐ-TTg dated February 21, 2020 of the Prime Minister on organizing and managing international conferences and seminars in Vietnam (Decision No. 06/2020/QĐ-TTg) having all or part of the content concerning law and judicial reform as stipulated in Clause 1, Article 4 of this Decree.

5. "International conference or seminar" on law and judicial reform is a conference or seminar organized and managed according to Decision No. 06/2020/QD-TTg dated February 21, 2020, of the Government Chairman on organizing and managing international conferences and seminars in Vietnam (Decision No. 06/2020/QD-TTg), which has all or part of its content related to law and judicial reform as stipulated in Clause 1, Article 4 of this Decree.

Article 3. Principles in international cooperation on law and judicial reform 1. Compliance with the Constitution, laws of Vietnam, consistent with international treaties to which the Socialist Republic of Vietnam is a member, ensuring independence, sovereignty, unity, territorial integrity, maintaining national security, social order and safety.

2. Not signing or implementing cooperative activities that harm national interests and security.

3. Proactively selecting and promoting cooperation contents that Vietnam needs, suitable to the practical conditions of Vietnam, the Party's foreign policy orientation, and the construction and improvement of a socialist rule-of-law state of Vietnam, and relevant legal provisions.

4. Equality and non-interference in each other’s internal affairs, promoting cooperation with partners who have good experience in cooperation with Vietnam, emphasizing the sustainability of cooperative activities.

5. Ensuring transparency, efficiency, practicality, and emphasizing responsibility in international cooperation on law and judicial reform.

Article 4. Contents and forms of international cooperation on law and judicial reform

1. International cooperation on law and judicial reform as prescribed in this Decree includes all or part of the following contents:

a) Strengthening capacity in drafting normative legal documents.

b) Enhancing the effectiveness of organization and enforcement of laws.

c) Training and developing human resources in law.

d) Judicial reform.

2. International cooperation on law and judicial reform as prescribed in this Decree shall be implemented in the following forms:

a) Signing and implementing international treaties, agreements.

b) Building and implementing programs, projects, and non-project activities.

c) Organizing international conferences and seminars.

3. Cooperation contents and forms not specified in Clause 1 and Clause 2 of this Article shall be carried out according to other relevant legal provisions.

IMPLEMENTATION OF INTERNATIONAL COOPERATION ON LAW

Chapter II
AND JUDICIAL REFORM

AND JUDICIAL REFORM

Article 5. Selection of proposals for international cooperation activities on law and judicial reform

The agencies and organizations implementing cooperation proactively select proposals for international cooperation activities on law and judicial reform that meet the following requirements: 1. Necessity, clear purpose of cooperation, choosing cooperation contents on issues requiring reference to foreign experience, appropriate to the functions and tasks of the implementing agencies and organizations and principles of international cooperation on law and judicial reform.

2. Foreign partners having competence and expertise matching the cooperation content. 3. Expected results of cooperation activities consistent with principles of international cooperation on law and judicial reform and serving the implementation of the agencies' and organizations' tasks.

4. Coordinating with competent authorities to propose solutions to ensure requirements regarding security, public order, and diplomacy during the organization and implementation of cooperation activities.

Article 6. Soliciting opinions on international cooperation activities on law and judicial reform

1. For international agreements:

When soliciting opinions on international agreements as prescribed by the Law on International Agreements (except for international agreements stipulated in Articles 20 and 23 of the Law on International Agreements), if the international agreement contains cooperation content related to law and judicial reform, the agency or organization proposing to sign the international agreement shall simultaneously submit the dossier to the Ministry of Justice and the Ministry of Public Security to solicit opinions on international cooperation on law and judicial reform as prescribed at point b, Clause 2, Article 10 and point a, Clause 2 of this Decree.

2. For programs, projects, and non-project activities on law and judicial reform:

a) When soliciting opinions on programs, projects, and non-project activities on law and judicial reform within the authority to decide on the implementation policy of the Prime Minister as prescribed by Decree No. 114/2021/ND-CP and Decree No. 80/2020/ND-CP, the Ministry of Planning and Investment shall simultaneously submit the dossier to the Ministry of Justice, the Ministry of Public Security, and the Ministry of Foreign Affairs to solicit opinions on international cooperation on law and judicial reform as prescribed at point b, Clause 2, Article 10, point a, Clause 2, and point b, Clause 3, Article 11 of this Decree.

b) When soliciting opinions on programs, projects, and non-project activities on law and judicial reform within the authority to decide of the managing agency as prescribed by Decree No. 114/2021/ND-CP and Decree No. 80/2020/ND-CP, the managing agency shall simultaneously submit the dossier to the Ministry of Justice and the Ministry of Public Security to solicit opinions on international cooperation on law and judicial reform as prescribed at point b, Clause 2, Article 10, and point a, Clause 2, Article 11 of this Decree.

3. For international conferences and seminars on law and judicial reform:

When organizing international conferences and seminars on law and judicial reform as prescribed by Decision No. 06/2020/QD-TTg, the main organizing agency shall simultaneously submit the dossier to the Ministry of Justice and the Ministry of Public Security (if there is participation of foreign speakers) to solicit opinions on international cooperation on law and judicial reform as prescribed at point b, Clause 2, Article 10, and point a, Clause 2, Article 11 of this Decree.

4. In cases where international agreements, programs, projects, non-project activities, and international conferences and seminars on law and judicial reform involve military, defense areas or activities carried out in border areas, checkpoints, and other key areas concerning defense, in addition to soliciting opinions from the agencies as prescribed in Clauses 1, 2, and 3 of this Article, the agency or organization soliciting opinions shall be responsible for soliciting opinions from the Ministry of National Defense on the contents as prescribed in Clause 4, Article 11 of this Decree.

5. The dossier for soliciting opinions on international cooperation activities on law and judicial reform shall be carried out in accordance with current legal regulations, clearly stating the necessity of implementing cooperation activities, cooperation contents, cooperation forms, cooperation partners, expected results, and evaluation of the implementation of the requirements stipulated in Article 5 of this Decree.

4. In cases where international agreements, programs, projects, non-project activities, international conferences, or seminars on law and judicial reform involve military, defense areas or activities carried out in border areas, checkpoints, and other key defense areas, in addition to soliciting opinions from relevant agencies as provided for in Clauses 1, 2, and 3 of this Article, the agency or organization implementing the activity shall be responsible for soliciting the opinion of the Ministry of National Defense regarding the contents as prescribed in Clause 4, Article 11 of this Decree.

5. The documentation for soliciting opinions on international cooperation activities on law and judicial reform shall be conducted in accordance with current laws, including clearly demonstrating the necessity of implementing cooperative activities, the content of cooperation, the form of cooperation, the cooperating partners, the expected results, and an assessment of the implementation of the requirements set forth in Article 5 of this Decree.

6. The agency solicited for opinions shall be responsible for replying within seven working days from the date of receiving complete valid files in accordance with the law. Where relevant laws provide for different timeframes for replies than those stipulated herein, such provisions shall apply.

The content of the opinions shall be based on the functions, tasks, and authorities of the agencies solicited for opinions and the provisions set forth in this Decree.

Article 7. Implementation of International Cooperation on Law and Judicial Reform

Agencies and organizations implementing cooperation shall be responsible for carrying out cooperative activities in accordance with the approved contents, ensuring compliance with the principles stated in Article 3 of this Decree; sharing information, results, and reporting on the implementation of activities in accordance with Articles 8 and 9 of this Decree.

Article 8. Sharing Information and Results of International Cooperation on Law and Judicial Reform

1. Agencies and organizations implementing cooperation shall be responsible for sharing information and results of international cooperation on law and judicial reform in one of the following forms:

a) Publishing information and results of international cooperation on law and judicial reform on their electronic portal/information website (if available).

b) Printing and distributing publications on the results of international cooperation on law and judicial reform.

2. Contents to be shared regarding information and results of international cooperation on law and judicial reform:

a) Bilateral treaties, international agreements containing provisions on cooperation on law and judicial reform in Vietnamese and foreign languages.

b) Documents of programs, projects, non-project activities containing cooperation on law and judicial reform in Vietnamese and foreign languages (if applicable).

c) Contents of cooperation on law and judicial reform under programs, projects, non-project activities upon completion of such programs, projects, non-project activities; results of international conferences and seminars on law and judicial reform upon completion of such activities that are not part of programs, projects, non-project activities.

3. Sharing of information and results of international cooperation on law and judicial reform must comply with legal provisions on protecting state secrets, bilateral treaties to which the Socialist Republic of Vietnam is a party, and commitments made in international agreements, program and project documents signed between Vietnamese agencies and organizations and foreign sponsors and partners.

4. The Ministry of Justice shall establish, manage, and update information and results of international cooperation on law and judicial reform from annual reports on the implementation of international cooperation on law and judicial reform submitted by agencies and organizations in accordance with Article 9 of this Decree, and incorporate shared information pursuant to Clause 1 of this Article into the database on international cooperation on law and judicial reform, and share it on the Ministry of Justice's electronic portal in accordance with relevant legal provisions. and judicial reform annually.

Article 9. Reporting System

1. Each year, central government agencies, central agencies of organizations, and provincial People's Committees shall be responsible for submitting reports on the implementation of international cooperation on law and judicial reform within their jurisdiction to the Ministry of Justice before December 25 of the reporting year. The content of the report shall follow the model attached to this Decree. and judicial reform.

2. Associations, social funds, and scientific organizations shall be responsible for reporting to relevant ministries, ministerial-level agencies, governmental agencies, and provincial People's Committees as administrative management agencies under relevant laws on the implementation of international cooperation on law and judicial reform before December 15 of the reporting year. The content of the report shall follow the model attached to this Decree.

3. The Ministry of Justice shall be responsible for compiling and preparing a report on the situation of international cooperation on law and judicial reform nationwide, to be submitted to the Prime Minister and competent authorities no later than the last day of January of the following year.

Chapter III
RESPONSIBILITIES IN MANAGING INTERNATIONAL COOPERATION

ON LAW AND JUDICIAL REFORM

Article 10. State Management of International Cooperation on Law and Judicial Reform

1. The Government shall uniformly manage state affairs regarding international cooperation on law and judicial reform.

2. The Ministry of Justice shall assist the Government in managing state affairs concerning international cooperation on law and judicial reform, performing the following tasks and powers:

a) Taking the lead in drafting and submitting to competent state agencies for promulgation, or promulgating within its authority, normative legal documents on managing international cooperation on law and judicial reform.

b) Providing comments on the content of legal cooperation and judicial reform related to signing international treaties, international agreements (the content of comments in accordance with the provisions of the Law on International Treaties, the Law on International Agreements), approving programs, projects, non-project activities (comments on the conformity with the principles stipulated in Article 3 of this Decree), organizing international conferences, seminars (providing comments on the draft project for organizing conferences, seminars).

c) Propagating and disseminating laws on international cooperation on law and judicial reform.

d) Directing, training, urging, inspecting, and auditing the implementation of legal regulations in international cooperation on law and judicial reform.

đ) Annually reporting to the Prime Minister and competent authorities on the situation of implementing international cooperation on law and judicial reform nationwide in accordance with Clause 3 of Article 9 of this Decree.

Article 11. Responsibilities of Ministries, Agencies Equivalent to Ministries, and Government Agencies

1. Ministries, agencies equivalent to ministries, and government agencies:

a) Ensuring the effectiveness and progress of international cooperation on law and judicial reform directly managed and implemented by them.

b) Managing, directing, inspecting, and auditing the implementation of international cooperation on law and judicial reform activities of subordinate agencies, units, organizations in accordance with the law.

c) Approving or submitting to competent authorities for approval, inspecting, and auditing international cooperation on law and judicial reform activities of organizations, associations, social funds, scientific organizations under their state management authority in accordance with the law on associations, social funds, charitable funds, scientific organizations, and relevant legal provisions.

d) Sharing information and results of international cooperation on law and judicial reform in accordance with Article 8 of this Decree.

đ) Fully complying with reporting systems as prescribed in Article 9 of this Decree and relevant legal provisions.

e) Participating in providing opinions on international cooperation activities on law and judicial reform as prescribed.

g) Training, enhancing, and improving the capacity of staff participating in international cooperation on law and judicial reform activities, building a team of capable legal officers and experts to handle international legal issues and work at international legal institutions within their management scope.

h) Performing other tasks and powers as prescribed by law.

2. The Ministry of Public Security:

a) Providing opinions on issues related to national security and public order in international cooperation on law and judicial reform before signing international treaties, international agreements, approving programs, projects, non-project activities using non-repayable ODA funds, non-repayable aid not included in ODA, international conferences, seminars on law and judicial reform; assessing impacts and recommending the Government, the Prime Minister on measures to protect national security and ensure public order and social safety in international cooperation on law and judicial reform activities.

b) Guiding and supporting Vietnamese agencies and organizations to comply with legal provisions on protecting national security and ensuring public order and social safety in international cooperation on law and judicial reform activities.

c) Cooperating with functional agencies to inspect and audit the enforcement and compliance with laws in international cooperation on law and judicial reform activities.

d) Performing other functions and tasks as prescribed in Government Decree No. 35/2011/NĐ-CP dated May 18, 2011, on legal measures to protect national security and maintain public order and social safety.

3. The Ministry of Foreign Affairs:

a) Providing and sharing information about international partners operating in the field of international law within its jurisdiction.

b) Participating in providing opinions on signing international agreements, approving programs, projects, non-project activities using non-repayable ODA funds, non-repayable aid not included in ODA, international conferences, seminars on law and judicial reform regarding the following contents: conformity with Vietnam's foreign policy of the Socialist Republic of Vietnam and conformity with international treaties to which Vietnam is a member.

4. The Ministry of National Defense:

Providing opinions on issues related to national defense security concerning signing international agreements, approving programs, projects, non-project activities, organizing international conferences, seminars on law and judicial reform when such cooperation activities involve military, defense areas or are implemented in border areas, checkpoints, and other key defense areas.

Article 12. Responsibilities of the People's Committee at the provincial level

1. The People's Committee at the provincial level manages international cooperation on law and judicial reform in the locality and is responsible for:

a) Ensuring the effectiveness and progress of international cooperation on law and judicial reform directly managed and implemented by them.

b) Managing, guiding, inspecting, auditing, and reporting on the implementation of international cooperation activities on law and judicial reform by agencies, units, and organizations under its jurisdiction as prescribed by relevant laws..

c) Approving within its authority or submitting to the competent authority for approval, inspecting, and auditing international cooperation activities on law and judicial reform by organizations, associations, social funds, scientific organizations under its management as prescribed by laws on associations, social funds, charitable funds, scientific organizations, and relevant laws.

d) Participating in opinions on international cooperation activities on law and judicial reform as prescribed.

đ) Compiling, sharing, and utilizing information on international cooperation activities on law and judicial reform within the province.

e) Training, enhancing, and improving the capacity of staff involved in international cooperation activities on law and judicial reform, building a team of officials and legal experts with sufficient capacity to handle international legal issues within the responsibility of the locality.

2. The Department of Justice is responsible for assisting the People's Committee at the provincial level in managing state affairs related to international cooperation on law and judicial reform in the locality.

Chapter IV
IMPLEMENTING PROVISIONS

Article 13. Effectiveness and Transitional Provisions

1. This Decree takes effect from May 15, 2024, and replaces Government Decree No. 113/2014/NĐ-CP dated November 26, 2014, on the management of international cooperation on law.

2. International cooperation activities on law and judicial reform that have been approved before this Decree takes effect shall not need to go through the procedures and formalities required under this Decree. Such activities shall be organized and implemented according to the provisions of this Decree.

3. International cooperation activities on law and judicial reform that have been submitted to the competent authority for approval before this Decree takes effect but have not yet been approved shall continue to be processed for approval according to the provisions of Government Decree No. 113/2014/NĐ-CP dated November 26, 2014, on the management of international cooperation on law and shall be implemented according to the provisions of this Decree.

4. In cases where normative legal documents cited in this Decree are amended, supplemented, or replaced, they shall be applied according to the amended, supplemented, or replacing documents.

1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.

1. The Ministry of Justice is responsible for guiding and inspecting the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial-level People's Committees, and heads of agencies and organizations implementing international cooperation on law and judicial reform are responsible for enforcing this Decree.