Tasks and powers of the Justice Ministry in legal assistance activities in Vietnam

Tasks and powers of the Justice Ministry in legal assistance activities in Vietnam (Internet image)

Regarding this issue, LawNet responded as follows:

1. Scope of legal assistance in Vietnam

1.1. Scope of civil legal assistance in Vietnam

According to Article 10 of the Law on Legal Assistance 2007, the scope of civil legal assistance between Vietnam and foreign countries covers:

- Service of papers, dossiers and documents related to civil legal assistance;

- Summon of witnesses and experts;

- Collection and supply of evidence;

- Other requests for civil legal assistance.

1.2. Scope of criminal legal assistance in Vietnam

The scope of criminal legal assistance between Vietnam and foreign countries covers:

- Service of papers, dossiers and documents related to criminal legal assistance;

- Summon of witnesses and experts;

- Collection and supply of evidence;

- Penal liability examination;

- Information sharing;

- Other requests for criminal legal assistance.

(Article 17 of the Law on Legal Assistance 2007)

2. Tasks and powers of the Justice Ministry in legal assistance activities in Vietnam

Specifically, in Article 6 of Decree 92/2008/ND-CP, the Justice Ministry shall assist the Government in performing the unified state management of legal assistance activities, having the following tasks and powers:

- To assume the prime responsibility for, and coordinate with the Supreme People's Court, the Supreme People's Procuracy, the Public Security Ministry, the Foreign Affairs Ministry and concerned agencies in, elaborating and submitting to competent state agencies for promulgation legal documents on legal assistance;

To promulgate according to its competence legal documents and documents guiding the implementation of legal documents on legal assistance; to coordinate with the Supreme People's Court, the Supreme People's Procuracy, the Public Security Ministry and the Foreign Affairs Ministry in promulgating joint legal documents guiding legal assistance activities.

- To coordinate with agencies that have proposed the conclusion of treaties on legal assistance in working out long-term and annual plans on conclusion of. accession to and implementation of treaties on legal assistance under Articles 63, 64. 65 and 66 of the Law on Legal Assistance 2007:

To assume the prime responsibility for negotiating with foreign countries on treaties on legal assistance in civil cases and matters;

To coordinate with the Public Security Ministry, the Supreme People's Procuracy and concerned agencies in negotiating with foreign countries on treaties on legal assistance in criminal cases and matters, extradition or transfer of imprisoned persons under law;

To monitor and urge the implementation of plans on conclusion of and accession to treaties on legal assistance already approved by competent agencies:

To assume the prime responsibility for, or coordinate with the Public Security Ministry, the Supreme People's Procuracy and concerned agencies in, working out and submitting plans on organization of implementation of treaties on legal assistance to the Government for decision;

To organize the implementation of plans on organization of implementation of treaties on legal assistance in civil cases and matters; and coordinate with concerned agencies in organizing the implementation of treaties on legal assistance in criminal cases and matters, extradition and transfer of imprisoned persons.

- To assume the prime responsibility for, and coordinate with the Supreme People's Court, the Supreme People's Procuracy, the Public Security Ministry and the Foreign Affairs Ministry in, organizing training courses on Vietnamese law and treaties on legal assistance, providing professional guidance on legal assistance to legal assistance officers.

-. To assume the prime responsibility for. and coordinate with concerned agencies in. developing a database on legal assistance law.

-. To assume the prime responsibility for. and coordinate with the Foreign Affairs Ministry and the Supreme People's Court in. organizing inter-branch teams to inspect the performance of legal mandates in civil cases and matters at people's courts and foreign-based representative offices of Vietnam:

To coordinate with the Supreme People's Procuracy, the Public Security Ministry and the Supreme People's Court in inspecting the realization of requests for legal assistance in criminal cases and matters, extradition and transfer of imprisoned persons in order to promptly find out difficulties and problems in the implementation of relevant legal provisions.

- To assume the prime responsibility for, and coordinate with the Supreme People's Court, the Supreme People's Court, the Public Security Ministry and the Foreign Affairs Ministry in, organizing regular meetings to exchange information, discus and decide on measures for resolving difficulties and problems in the provision of legal assistance.

- To assume the prime responsibility for. and coordinate with the concerned agencies in, annually reviewing and reporting to the Government on legal assistance activities under the Law on Legal Assistance 2007.

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