Agreement between Vietnam and Bulgaria on Co-Operation in Preventing and Combating Crime 2015

AGREEMENT

BETWEEN THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM AND THE GOVERNMENT OF THE REPUBLIC OF BULGARIA ON CO-OPERATION IN PREVENTING AND COMBATING CRIME

The Government of the Socialist Republic of Viet Nam and the Government of the Republic of Bulgaria, hereinafter referred to as “the Parties”;

Desiring to cooperate in preventing and combating crime, especially transnational organized crimes, narcotics-related crimes, human trafficking crimes;

Having due regard for the human rights; the provisions of international treaties that the Parties are bound and then respective domestic laws;

Seeking to make a contribution to the development and enhancement of their bilateral relations;

Concluded this Agreement as follows:

Article 1

Scope of co-operation

(1) The Parties agree to co-operate in preventing and combating the following crimes:

a) Crimes against the Person;

b) Illegally producing, stockpiling, transporting or trading in narcotics, psychotropic substances and precursors;

c) Illegally manufacturing, stockpiling, transporting, using or trading in weapons, ammunition, explosives and dual-use goods;

d) Trafficking in persons, persons’ body parts, kidnapping and human smuggling;

e) Computer crimes;

e) Forging and circulating counterfeit money and forged means of payment;

f) Appropriating property through swindling; stealing property, plundering property;

g) Corruption and money laundering crimes;

h) Crimes against intellectual property rights;

i) Smuggling, trading in banned goods and other economic crimes;

j) Environmental crimes;

k) Crimes of child sexual abuse;

l) Transnational organized crimes;

m) Terrorism and financing of terrorism;

n) Other crimes for which the Parties deem it necessary.

(2) The Parties shall co-operate in the area of countering the criminality, prevention and protection of public order and other areas of common interest, including exchange of experts, training of police officers, exchange of law texts and publications relating to the subject of the present Agreement.

Article 2

Principles of co-operation

(1) In accordance with the provisions of this Agreement and in conformity with their respective domestic laws, the Parties commit to co-operate comprehensively in preventing and combating crimes.

(2) The co-operation will not affect the national security and public order of either State.

Article 3

Refusal of co-operation

(1) The Competent authorities of the Requested Party shall refuse to co-operate in the following cases:

a) impair its state’s sovereignty, national security, public order or other essential interests, or

b) be contrary to the national law.

(2) In case the co-operation is withheld or denied, the decision and the reasons therefore must be notified to the applicant authority without delay. If the competent authority of the Requested Party is able to do the request under some conditions, it must notify these conditions to the applicant authority and the applicant authority has responsibility to decide whether to continue or not.

Article 4

Focal points

(1) The focal points for the implementation of this Agreement shall be:

a) For the Government of the Socialist Republic of Viet Nam: Ministry of Public Security;

b) For the Government of the Republic of Bulgaria:

- Ministry of Interior;

- State Agency “National Security”

(2) The focal points shall communicate with one another for the purposes of this Agreement. They shall inform each other of the respective contact details through diplomatic channels as well as any changes thereof.

Article 5

Forms of co-operation in preventing and combating transnational organised crime

The co-operation in the fight against transnational organised crime will be accomplished in the fields mentioned hereinafter:

1) Exchange of information relating to the fight against transnational organized crime, according to one Party’s request or initiative;

2) Exchange of operational information of mutual interest concerned;

3) Exchange of legislative acts as well as information on techniques and technical means used in police operations;

Article 6

Combating illegal manufacturing, stockpiling, transporting, using or trading in weapons, ammunition, explosives and dual use goods

(1) The Parties shall enhance the exchange of information, knowledge and professional skill and co-operate in the suppression and prevention of the illegal manufacturing, stockpiling, transporting, using or trading in weapons, ammunition, explosives and weapons of mass destruction.

(2) For the purposes of this Agreement dual use goods shall mean items, including software and technology, which can be used for both civil and military purposes, and shall include all goods which can be used for both non-explosive uses and assisting in any way in the manufacture of nuclear weapons or other nuclear explosive devices.

Article 7

Combating illicit manufacturing, stockpiling, transporting or trading in narcotics, psychotropic substances and precursors

(1) The Parties shall enhance the co-operation in the framework of the three United Nations Conventions on combating drugs to which both States are parties: The Single Convention on Narcotic Drugs of 1961, The Convention on Psychotropic Substances of 1971 and The United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988.

(2) The Parties shall:

a) exchange information on the processing, manufacture, extraction, preparation, offering, sale and distribution of sales, receipt and delivery, shipment brokerage, sending in transit, transportation, import and export of narcotics, psychotropic substances and precursors contrary to the provisions of the legislation of each Party;

b) determine the identity, whereabouts and activities of persons suspected of being involved in activities of illicit trading in narcotics, psychotropic substances and precursors;

c) co-operate in the fight against transporting money or property acquired through the commission of crime relating to drugs.

Article 8

Combating the falsification, circulation of counterfeit money and forged means of payment

The Parties shall:

1) exchange information relating to making counterfeit money or altering of currency or other means of payment as well as falsifying and circulating forged means of payment;

2) co-operate in the prevention and suppression of crimes relating to stockpiling, use of forged means of payment, export, import, transport and receiving of counterfeit currency and other forged means of payment;

3) co-operate in preventing this fraudulent making, receiving or possession of articles, computer programs, holograms or any other means adapted for the counterfeiting or altering of currency.

Article 9

Combating trafficking in persons, persons’ body parts, kidnapping and human smuggling

The Parties shall exchange information on:

1) acts of trafficking in persons, persons’ body parts; the persons and criminal organizations involved;

2) the forms of illicit migration, combating trafficking in persons, persons’ body parts, kidnapping, human smuggling and the channels of illegal migration;

3) experience about methods and techniques used in the fight against trafficking in persons, persons’ body parts, human smuggling.

Article 10

Co-operation against corruption and money laundering

(1) The Parties implement effectively the provisions of the United Nations Convention against Corruption of 2003 to which both States are parties.

(2) The Parties shall co-operate to prevent, detect all forms of money laundering; apply feasible measures to control and detect the movement of cash and assets across borders but not interfere with the legal capital flow.

Article 11

Exchange, use and protection of data

(1) The Parties understand that in the course of the implementation of this Agreement personal data might be exchanged. The Parties commit themselves to processing personal data fairly and in accordance with their respective laws. The exchange of information shall be done as follows:

a) In compliance with domestic laws of each Party, the competent authorities of the Parties shall, to the fullest extent possible, co-operate in the exchange of information relevant to the prevention, detection and investigation of the crimes to which the Agreement applies.

b) The exchange of information under this Article shall include:

i. information on or relating to persons and organizations suspected of being involved in terrorism, drug trafficking, money laundering, organized crime and other serious crimes;

ii. information on the commission of or activities preparatory to such crimes;

iii. information on measures to control the legal hade in narcotic drugs, psychotropic substances and precursors, and on experience in implementing these measures.

(2) Pursuant to the national law of the States of the Parties, the Parties will exchange, use and protect data on the basis of principles as follows:

a) The Parties shall notify each other, at the moment of supply of personal data or before, of the purpose for which the personal data are supplied and of any restriction on their use, deletion or destruction, including possible access restrictions in general or specific terms. Where the need for such restrictions becomes apparent after the supply, the Parties shall inform each other of such restrictions at a later stage. The Parties shall notify each other of any breach of data security and the measures undertaken thereof.

The Requested Party and the Requesting Party shall keep record of the transmission of data and maintain documentation of the relevant processing operations. The receiving Party shall, on request, inform the competent authority, which transmitted the personal data about their processing.

b) Rights and obligations of the Requested Party:

i. Any exchanged data shall be used solely for the purpose and under conditions determined by the Requested Party, which may ask for information on the utilisation of such data. The Requested Party must ensure that the transmitted data are in time and exact, that the transmission is necessary and adequate to the purpose indicated by the Requesting Party.

ii. The Requested Party shall determine the terms for destruction of the transmitted data in accordance with its national legislation. Transferred data shall be destroyed when the Requesting Party has been informed that the data have been collected or provided illegally, or they are incorrect or should not have been provided, or the data have ceased to be needed for the purpose for which they were originally requested, unless there is a specific permission by the Requested Party that the transmitted personal data should be used for other purposes. The Requesting Party must inform the Requested Party of the destruction of any transmitted data.

iii. Any exchanged data may only be disclosed to third parties based on the written consent of the Requested Party, and in compliance with its domestic laws.

c) Rights and obligations of the Requesting Party:

i. The Requesting Party does not use these data for other purposes than these indicated in this Agreement and for which these data are provided;

ii. By request of the Party who has provided the data, the Party for whom the data are designated provides the information for their use and the results gained on the basis of these data.

d) The Parties shall provide the necessary technical and organizational measures for the protection of the exchanged data against accidental loss, accidental or illegal destruction, unauthorized access, alteration, dissemination, destruction or deletion.

Article 12

Co-operation in training

The Parties cooperate in training the officers of the other Party in professional technical skills for the purposes of preventing, combating, investigating, leadership and management.

Article 13

Technical exchange

The Parties shall provide each other with information about new technical measures relating to investigation and detection of crime and protection of information.

Article 14

Exchange of classified information

The Parties shall exchange classified information under the provisions of Agreement between the Government of the Socialist Republic of Viet Nam and the Government of the Republic of Bulgaria on mutual protection and exchange of classified information, entered into force on 18 July 2012.

Article 15

Costs

(1) The competent authority of the Requested Party shall bear all ordinary costs, except for other agreements of focal points.

(2) The competent authority of the Requesting Party shall bear all travel and subsistence costs of its representatives unless there is an agreement to the contrary.

Article 16

Dispute settlement

Any dispute arising from interpretation, application or implementation of this Agreement shall be settled through negotiation between focal points.

Article 17

Compatibility with other agreements

This Agreement shall not affect the rights and obligations of each Party under other international treaties and agreements to which it may be a Party.

Article 18

Closing provisions

(1) This Agreement shall enter into force on the date on which one Party receives the latest written notice of the other Party through diplomatic channels on the completion of internal legal procedures for entry into force.

(2) Modification to this Agreement may be made as jointly agreed by the Parties and issued as amendments to the Agreement. Modifications to this Agreement come into force upon signature.

(3) This Agreement shall be valid for a period of five (05) years and then be automatically extended each five (05) years, unless one Party notifies the other Party in writing before six (06) months of its intent to terminate. The termination will not affect the co-operation project or program being implemented in the framework of this Agreement.

Done in Sofia on 05 June 2015, in two original copies, each in Vietnamese, in Bulgarian and in English language, all texts being equally authentic. In case of differences in the interpretation, the English text shall prevail.