Decision No. 924/QD-TTg 2020 Plan on implementation of 1970 Hague Convention on the Taking of Evidence Abroad

DECISION

Approving Vietnam’s Plan on implementation of the 1970 Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters^[1]

THE PRIME MINISTER

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the 2016 Law on Treaties;

Pursuant to the President’s Decision No. 70/2020/QD-CTN of January 13, 2020, on Vietnam’s accession to the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters;

At the proposal of the Minister of Justice,

DECIDES:

Article 1.To promulgate together with this Decision Vietnam’s Plan on implementation of the 1970 Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters.

Article 2.This Decision takes effect on the date of its signing.

Article 3.Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees shall implement this Decision.-

Prime Minister
NGUYEN XUAN PHUC

VIETNAM’S PLAN

On implementation of the 1970 Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters

(Promulgated together with the Prime Minister’s Decision No. 924/QD-TTg
of June 30, 2020)

I. OBJECTIVES, REQUIREMENTS

1. Objectives

- To maximize the benefits brought about by, and fully perform the responsibilities as a member state of, the Convention.

- To improve the capacity and effectiveness of judicial mandate in the taking of evidence so as to support the settlement of civil cases involving foreign elements of Vietnam.

- To create favorable conditions for improvement of the domestic law regarding mutual legal assistance in civil matters in line with international standards.

2. Requirements

- To clearly determine tasks and solutions, and responsibilities of ministries and sectors together with drawing a specific roadmap for effectively implementing Vietnam’s rights and obligations as a member state within the Convention’s framework.

- To ensure the close and unified coordination between the Ministry of Justice, the Vietnam’s central agency in charge of enforcement of the Convention, and concerned ministries and sectors at home, and between Vietnam’s agencies and agencies of other member states in implementation of the Convention.

II. TASKS, SOLLUTIONS AND IMPLEMENTATION ASSIGNMENT

1. Disseminating, popularizing, and raising awareness about, the Convention

a/ Disseminating and popularizing the Convention

- Responsible agency: The Ministry of Justice.

- Coordinating agencies: The Ministry of Foreign Affairs, the Supreme People’s Court, the Supreme People’s Procuracy, the Vietnam Bar Federation, the Vietnam Lawyers Association, the Vietnam Television, and a number of news and press agencies at the central level.

- Implementation time: To be implemented in a regular manner after the Convention takes effect to Vietnam, combined with disseminating and popularizing the law on mutual legal assistance in civil matters.

- Outcomes: Articles, special columns, news, and reports introducing the contents and enforcement of the Convention which are posted and updated on portals of ministries and sectors and on the internet, published in books, newspapers, and magazines, and distributed in conferences, workshops and seminars organized for involved entities.

b/ Compiling guidelines on the enforcement of the Convention

- Responsible agency: The Ministry of Justice.

- Coordinating agencies: The Supreme People’s Court and the Supreme People’s Procuracy.

- Implementation time:

- During 2020-2021: To compile guidelines on the enforcement of the Convention of Vietnam on the basis of the domestic law and the Practical Handbook for enforcement of the Convention of the Hague Conference on Private International Law (the Hague Conference);

+ In subsequent years: To periodically review and supplement the guidelines.

- Outcomes: Vietnam’s guidelines on the enforcement of the Convention which are annually published and updated to meet requirements arising in the practical enforcement of the Convention.

c/ Collecting and updating information about the Convention and enforcement of the Convention

- Responsible agency: The Ministry of Justice, the central agency in charge of enforcement of the Convention.

- Coordinating agencies: The Ministry of Foreign Affairs, the Supreme People’s Court, and the Supreme People’s Procuracy

- Implementation time:

+ Right after the Convention takes effect to Vietnam: (i) To review, provide and update information on the taking of evidence under Vietnam’s law to the Hague Conference; (ii) to update information about member states’ approval of Vietnam’s accession to the Convention, and their regulations on requests for the taking of evidence;

+ In 2021 and subsequent years: To develop and update information on the Convention and enforcement of the Convention on the Ministry of Justice’s portal.

- Outcomes:

+ A table of information on the taking of evidence of Vietnam which is provided to and posted on the website of the Hague Conference for other member states to refer to when mandating the taking of evidence with Vietnam;

+ A separate section containing information on the Convention, covering the Convention’s contents, guidelines on the enforcement of the Convention, and information about the organization and enforcement of the Convention of the Hague Conference and its member states, which are regularly updated.

2. Effectively implementing the Convention

a/ Bringing into play the role and responsibilities of the central agency

- Responsible agency: The Ministry of Justice

To proactively monitor, urge and review the implementation of requests for the taking of evidence of Vietnam and other member states of the Convention; to establish and intensify direct coordination with central agencies of other member states of the Convention and the Secretariat of the Hague Conference on enforcement of the Convention.

- Coordinating agencies: The Ministry of Foreign Affairs, the Supreme People’s Court, the Supreme People’s Procuracy, and competent agencies of Vietnam.

- Implementation time: To be implemented in a regular manner from May 3, 2020.

- Outcomes: The Ministry of Justice will proactively and positively perform its role as the Vietnam’s central agency in charge of enforcement of the Convention; the Ministry of Justice will establish close relations and effectively coordinate with domestic enforcement agencies and central agencies of the Convention’s member states, thus proactively supporting the implementation of requests for the taking of evidence.

b/ Performing judicial mandate for the taking of evidence under the Convention

- Responsible agencies: The Ministry of Justice, the Supreme People’s Court, the Supreme People’s Procuracy, and competent agencies of Vietnam, specifically as follows:

+ The Ministry of Justice shall act as a focal point for receiving, checking and replying requests for the taking of evidence of Vietnam sent to other member states of the Convention and requests sent to Vietnam from member states of the Convention that have approved Vietnam’s accession to the Convention;

+ The Supreme People’s Court and Supreme People’s Procuracy shall closely coordinate with the Ministry of Justice in guiding, urging and supervising courts and procuracies at all levels to seriously and effectively enforce the Convention;

+ The Supreme People’s Court, superior people’s courts, provincial-level people’s courts, provincial-level civil judgment enforcement agencies, the Supreme People’s Procuracy, superior people’s procuracies, provincial-level people’s procuracies, and other competent agencies and organizations shall make dossiers of the taking of evidence for sending abroad in accordance with law; provincial-level people’s courts shall implement requests for the taking of evidence of other member states of the Convention in accordance with the Convention’s regulations, and relevant domestic laws.

- Implementation time: To be implemented in a regular manner from May 3, 2020, based on the time when the Convention takes effect between Vietnam and member states having approved Vietnam’s accession to the Convention.

- Outcomes: Dossiers of judicial mandate for the taking of evidence of Vietnamese competent agencies are made and sent in accordance with the Convention’s regulations and requested member states; requests for mandate of the taking of evidence of other member states are quickly implemented in accordance with the Convention.

c/ Boosting the computerization of judicial mandate activities

- Responsible agency: The Ministry of Justice.

- Coordinating agencies: The Supreme People’s Court, the Supreme People’s Procuracy, and agencies competent to make and implement dossiers of judicial mandate for the taking of evidence.

- Implementation time:

+ During 2020-2022: To upgrade the Ministry of Justice’s software for implementation and management of dossiers of judicial mandate in general, and dossiers of judicial mandate for the taking of evidence within the Convention’s framework in particular;

+ During 2023-2025: To prepare conditions for inter-connecting software for implementation and management of dossiers of judicial mandate of the Ministry of Justice, the central agency in charge of enforcement of the Convention, with those of agencies and units performing judicial mandate activities.

- Outcomes:

+ The Ministry of Justice’s software for implementation and management of dossiers of judicial mandate is upgraded and improved, meeting task performance requirements;

+ Agencies and units performing judicial mandate activities are connected with the Ministry of Justice’s judicial mandate software in order to computerize the process of delivery, receipt, and looking up of judicial mandate dossiers.

d/ Reviewing, evaluating and summing up the implementation of the Convention

- Responsible agency: The Ministry of Justice shall assume the prime responsibility for reviewing, evaluating, and summing up the taking of evidence in accordance with the Convention.

- Coordinating agencies: The Supreme People’s Court, the Supreme People’s Procuracy, and related ministries and sectors.

- Implementation time: To incorporate contents on the Convention’s implementation in the Government’s report on mutual legal assistance activities to be submitted to the National Assembly in accordance with law, and as requested in the Convention.

- Outcomes: The Government’s report on mutual legal assistance activities to be submitted to the National Assembly; and reports as requested in the Convention.

3. Improving the law on mutual legal assistance regarding the taking of evidence in civil matters

- Responsible agency: The Ministry of Justice.

- Coordinating agencies: The Ministry of Foreign Affairs, the Ministry of Public Security, the Supreme People’s Court, the Supreme People’s Procuracy, and related agencies and organizations.

- Implementation time: During 2021-2022.

- Outcomes: Proposals of plausible regulations to facilitate the enforcement of the Convention are made in the process of drafting the law on mutual legal assistance in civil matters (according to the law-making plan).

4. Improving capacity of the contingent of cadres engaged in the enforcement of the Convention

a/Providing professional guidance for, and improving capacity of the contingent of cadres engaged in the enforcement of the Convention

- Responsible agencies: The Ministry of Justice, the Supreme People’s Court, and the Supreme People’s Procuracy.

- Coordinating agencies: The Ministry of Foreign Affairs, and related agencies and organizations.

- Implementation time:

+ During 2020-2021: To organize specialized training courses and provide professional guidance on enforcement of the Convention for cadres from agencies competent to perform mandate for the taking of evidence nationwide;

+ In subsequent years: To continue organizing advanced training courses, annually provide professional guidance, and promptly handle difficulties arising in the enforcement of the Convention in combination with training courses on mutual legal assistance in civil matters and other capacity improvement courses.

- Outcomes:

+ Cadres directly engaged in performance of judicial mandate in civil matters are equipped with knowledge and skills to conduct the taking of evidence as requested by the Convention;

+ Cadres engaged in the enforcement of the Convention are provided with updated knowledge and enhanced skills to proactively and properly settle problems arising in the enforcement of the Convention.

b/ Appointing cadres to participate in meetings of the Hague Conference with contents related to the Convention; exchanging, studying and sharing experience with other member states of the Convention

- Responsible agency: The Ministry of Justice.

- Coordinating agencies: The Ministry of Foreign Affairs, the Supreme People’s Court, the Supreme People’s Procuracy, and related agencies and organizations.

- Implementation time: Depending on actual work requirements.

- Outcomes: Cadres and experts are able to acquire and apply knowledge and good experience of other member states; reports on meeting results and documents on the experience of member states of the Convention are widely popularized.

III. ORGANIZATION OF IMPLEMENTATION

1. The Ministry of Justice

The Ministry of Justice shall act as a focal point in organizing the implementation of this Plan in accordance with the 2016 Law on Treaties; and coordinate with concerned ministries, sectors, agencies and organizations in performing the tasks and solutions prescribed in Section II of this Plan.

The Ministry of Justice shall annually evaluate the implementation of this Plan and incorporate it in the Government’s report on mutual legal assistance activities to be submitted to the National Assembly.

2. Concerned ministries, sectors, agencies and organizations

Related ministries, sectors, agencies and organizations shall, based on this Plan and their assigned functions and tasks, formulate their own implementation plans; proactively perform assigned tasks and solutions; and closely coordinate with the Ministry of Justice in enforcement of the Convention in a synchronous, prompt and effective manner.

3. Funds for implementation of this Plan

Funds for implementation of this Plan shall be taken from the state budget and mobilized at the maximum level from the sources of donation and aid and other financial sources in accordance with law.

For state budget funds, ministries, and local and central agencies shall, based on the specific assigned tasks, formulate their annual state budget estimates for submission to competent authorities for approval.-