Plan for implementing the Agreement on Legal Assistance in Civil Matters between Vietnam and Laos

Plan for implementing the Agreement on Legal Assistance in Civil Matters between Vietnam and Laos (Internet image)

Regarding this matter, LawNet would like to answer as follows:

On April 6, 2024, the Prime Minister issued Decision No. 285/QD-TTg approving the plan for implementing the Agreement on Legal Assistance in Civil Matters between the Socialist Republic of Vietnam and the Lao People's Democratic Republic.

Plan for implementing the Agreement on Legal Assistance in Civil Matters between Vietnam and Laos

The plan for implementing the Agreement on Legal Assistance in Civil Matters between Vietnam and Laos is as follows:

1. Objectives and requirements:

* Purposes

- Actively and effectively implement the Agreement on Legal Assistance in Civil Matters between the Socialist Republic of Vietnam and the Lao People's Democratic Republic;

- Assist relevant agencies in effectively resolving civil cases involving foreign elements; enhance cooperation in the field of legal assistance in civil matters between the two countries;

- Contribute to promoting civil, commercial relations between the two countries.

* Requirements

- Relevant ministries and agencies actively and proactively implement the Agreement in accordance with their functions and jurisdiction, ensuring compliance with existing laws and regulations;

- Ensure close coordination between competent authorities of Vietnam and between competent authorities of Vietnam and Laos in implementing the Agreement through the central agencies of the two countries.

2. Tasks and implementation roadmap

(1) Appointment and notification of focal points for implementing the Agreement

- The Parties shall notify each other of information on focal points in accordance with Article 6(5) of the Agreement.

- Implementing agency: Ministry of Justice, in coordination with the Ministry of Foreign Affairs.

- Implementation period: Q2 2024

(2) Dissemination and promotion of the Agreement

- Organize dissemination of the content of the Agreement, training, and capacity building to unify and enhance awareness among the officials involved in judicial assistance in the courts, civil enforcement agencies regarding the Agreement.

+ Implementing agency: Ministry of Justice, in coordination with the Ministry of Foreign Affairs and the Supreme People's Court.

+ Implementation period: annually.

- Notify the rights and obligations stipulated in Clause 6 of Article 6 of the Agreement to the courts and civil enforcement agencies of the provinces sharing the Vietnam-Laos border.

+ Implementing agency: Ministry of Justice, in coordination with the Ministry of Foreign Affairs and the Supreme People's Court.

+ Implementation period: 2024.

(3) Implementation of legal assistance activities

- Develop forms, documentation for legal assistance requests.

- Upgrade the database for monitoring and managing legal assistance requests to serve reporting and statistical purposes.

- Receive, process, and implement legal assistance requests sent by the competent authorities of Laos to Vietnam.

- Receive, process, and implement legal assistance requests from the competent authorities of Vietnam sent to Laos.

- Receive, coordinate, process, and implement legal aid requests from citizens of both countries.

- Provide information to relevant authorities on the scope of various types of documents, materials issued by the competent authorities of the two countries, confirming the exemption of consular legalization under Article 12 of the Agreement.

Implementing agencies:

- Ministry of Justice, in coordination with the Ministry of Foreign Affairs and the Supreme People's Court, will carry out the tasks from point a to point d of this clause.

- Ministry of Foreign Affairs, in coordination with the Ministry of Justice and the Supreme People's Court, will carry out the tasks at point e of this clause.

Implementation period: Annually

(4) Exchange of information

- Exchange information, documents on judicial assistance, and legal aid.

- Exchange legal regulations, legislative documents on legal assistance, legal aid, and citizenship.

- Organize working delegations for mutual reference, learning experiences regarding the study of international multilateral legal assistance mechanisms; practical implementation of legal assistance and legal aid.

+ Implementing agency: Ministry of Justice, in coordination with the Ministry of Foreign Affairs and the Supreme People's Court.

+ Implementation period: Annually.

(5) Evaluation of the implementation of the Agreement

- Regularly exchange information on the implementation of the Agreement with the Ministry of Justice of the Lao People's Democratic Republic, and periodically review domestic legislation based on the implementation of the Agreement to promptly address any obstacles or difficulties that arise.

- Implementing agency: Ministry of Justice, in coordination with the Ministry of Foreign Affairs and the Supreme People's Court.

- Implementation period: every 3 years as stipulated in the Agreement.

Nguyen Ngoc Que Anh

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