Regulations on management of international cooperation in laws and judicial reform in Vietnam

Regulations on management of international cooperation in laws and judicial reform in Vietnam (Internet image)

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

1. Principles of international cooperation in laws and judicial reform in Vietnam

Principles of international cooperation in laws and judicial reform in Vietnam are stipulated in Article 3 of Decree 26/2024/ND-CP as follows:

- Complying with the Constitution and laws of Vietnam, conforming with international treaties that the Socialist Republic of Vietnam is a signatory, ensuring independence, sovereignty, unity, and territorial integrity, and maintaining national security and social safety and order.

- Preventing the conclusion or implementation of international cooperation damaging national benefits and security.

- Proactively selecting and promoting international cooperation subject to Vietnam’s needs and conformable with the reality and conditions of Vietnam, CPV directions and guidelines on foreign affairs, construction, and completion of the law-governed socialist state of Vietnam, and relevant laws.

- Ensuring equality, preventing interference in internal work, promoting cooperation with partners with experience in cooperation with Vietnam, and focusing on the sustainability of cooperation.

- Ensuring publicity, transparency, effectiveness, and practicality and promoting responsibilities for international cooperation in laws and judicial reform.

2. Contents and methods of international cooperation in laws and judicial reform in Vietnam

According to Article 4 of Decree 26/2024/ND-CP, the contents and methods of international cooperation in laws and judicial reform include:

- International cooperation in laws and judicial reform according to Decree 26/2024/ND-CP includes all or parts of the following contents:

+ Enhancement of the capacity for developing legislative documents.

+ Improvement of the effectiveness and efficiency of law enforcement.

+ Provision of training and advanced training for legal personnel.

+ Judicial reform.

- International cooperation in laws and judicial reform according to this Decree shall be carried out under the following methods:  

+ Concluding and implementing international treaties and agreements.

+ Developing and implementing programs, projects, and non-project assistance. 

+ Organizing international conferences and seminars.

- Contents and methods of cooperation in laws and judicial reform not prescribed in Clause 1 and Clause 2 of Article 4 of Decree 26/2024/ND-CP shall comply with relevant laws.

3. Collection of suggestions on international cooperation in laws and judicial reform in Vietnam

Pursuant to Article 6 of Decree 26/2024/ND-CP, the collection of suggestions on international cooperation in laws and judicial reform is as follows:

(1) Regarding international agreements:

When collecting suggestions on international agreements according to the Law on International Agreements (except for international agreements prescribed in Article 20 and Article 23 of the Law on International Agreements) and such international agreements have international cooperation contents concerning laws and judicial reform, cooperative agencies and organizations shall propose the conclusion of such international agreements while collecting suggestions from the Ministry of Justice of Vietnam and the Ministry of Public Security of Vietnam on the contents of international cooperation in laws and judicial reform according to Point b Clause 2 Article 10 and Point a Clause 2 Article 11 of Decree 26/2024/ND-CP.

(2) Regarding programs, projects, and non-project assistance on laws and judicial reform:

- When collecting suggestions on programs, projects, and non-project assistance on laws and judicial reform under the decision on implementation policy of the Prime Minister of Vietnam according to Decree 114/2021/ND-CP and Decree 80/2020/ND-CP, the Ministry of Planning and Investment of Vietnam shall also collect suggestions from the Ministry of Justice of Vietnam, Ministry of Public Security of Vietnam, and Ministry of Foreign Affairs of Vietnam on contents of international cooperation in laws and judicial reform according to Point b Clause 2 Article 10, Point 1 Clause 2, and Point b Clause 3 Article 11 of Decree 26/2024/ND-CP.

- When collecting suggestions on programs, projects, and non-project assistance on laws and judicial reform under the decision on implementation policy of the managing agency according to Decree 114/2021/ND-CP and Decree 80/2020/ND-CP, the managing agency shall also collect suggestions from the Ministry of Justice of Vietnam and the Ministry of Public Security of Vietnam on contents of international cooperation in laws and judicial reform according to Point b Clause 2 Article 10 and Point a Clause 2 Article 11 of Decree 26/2024/ND-CP.

(3) Regarding international conferences and seminars on laws and judicial reform:

When collecting suggestions on international conferences and seminars on laws and judicial according to Decision 06/2020/QD-TTg, the authority in charge shall also collect suggestions from the Ministry of Justice of Vietnam and the Ministry of Public Security of Vietnam (excluding cases of having the participation of foreign reporters) on contents of international cooperation in laws and judicial reform according to Point b Clause 2 Article 10 and Point a Clause 2 Article 11 of Decree 26/2024/ND-CP.

(4) If international agreements, programs, non-project assistance, and international conferences and seminars on laws and judicial reform contain contents concerning military or national defense or have operations implemented at borders, border checkpoints, and other focal areas of national defense, cooperative agencies and organizations shall, aside from collecting suggestions from authorities prescribed in Clauses (1), (2) and (3), collect suggestions from the Ministry of National Defense of Vietnam on the mentioned contents according to Clause 4 Article 11 of Decree 26/2024/ND-CP.

(5) Documents on the collection of suggestions on international cooperation in laws and judicial reform shall be made under current laws, specifying the necessity of the cooperation, cooperation contents, cooperation methods, cooperation partners, expected results, and assessment of compliance with the requirements prescribed in Article 5 of Decree 26/2024/ND-CP.

(6) Authorities subject to suggestion collection documents shall provide answers within 7 working days after receiving valid documents according to laws.  If any law stipulates a time limit for answer provision different than this Clause, comply with such a law.

Contents of suggestions shall be based on functions, tasks, and entitlements of authorities subject to suggestion collection and comply with this Decree.

More details can be found in Decree 26/2024/ND-CP taking effect on May 15, 2024 and replacing Decree 113/2014/ND-CP.

Nguyen Ngoc Que Anh

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