Decree 26/2024/ND-CP management of international cooperation on law and judicial reform

DECREE

On the management of international cooperation on law and judicial reform

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Governments dated November 22, 2019;

Pursuant to the Law on Promulgation of Legal Documents dated June 22, 2015; Law Amending and Supplementing a Number of Articles of the Law on Promulgation of Legal Documents dated June 18, 2020;

At the proposal of the Minister of Justice;

The Government hereby promulgates the Decree on the management of international legal cooperation on law and judicial reform.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Decree prescribes the management of international cooperation on law and judicial reform, including principles, contents, forms of cooperation, implementation of cooperation and responsibilities of Vietnamese agencies and organizations in international cooperation on law and judicial reform.

2. This Decree applies to Vietnamese agencies and organizations participating in international cooperation activities on law and judicial reform.

Article 2. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. “Agencies or organizations implementing cooperation” are entities in charge of implementing international cooperation activities on law and judicial reform, including:

a) The Supreme People's Procuracy; the Supreme People's Court; the Ethnic Council and National Assembly Committees; agencies of the Standing Committee of the National Assembly, the Office of the National Assembly; the State Audit Office of Vietnam; the Office of the President; ministries, ministerial-level agencies, and government-attached agencies (hereinafter referred to as central state agencies).

b) Socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations (organizations), associations, social funds, charity funds, science and technology organizations (associations, social funds, scientific organizations) established in accordance with relevant laws (hereinafter referred to as organizations, associations, social funds, scientific organizations).

c) People’s Committees of provinces and centrally run cities (hereinafter referred to as provincial-level People’s Committees).

d) Units and organizations under the management of the entities in charge of implementing international cooperation activities specified at Points a, b and c of this Clause.

2. “Agencies managing programs, projects, non-projects” include agencies and organizations specified in Decree No. 114/2021/ND-CP dated December 16, 2021, of the Government, on the management and use of official development assistance and concessional loans of foreign donors (Decree No. 114/2021/ND-CP) and Decree No. 80/2020/ND-CP dated July 8, 2020, of the Government, on management and use of non-refundable aid not belonging to official development assistance provided by foreign agencies, organizations and individuals for Vietnam (Decree No. 80/2020/ND-CP).

3. “International cooperation on law and judicial reform” includes activities with the participation or funding of foreign partners with all or part of the content on law and judicial reform as prescribed in Clause 1, Article 4 of this Decree that are implemented in the form prescribed in Clause 2, Article 4 of this Decree.

4. “Programs, projects, non-projects” on law and judicial reform mean technical assistance projects or non-projects using non-refundable ODA as prescribed in Decree No. 114/2021/ND-CP or programs, projects, non-projects prescribed in Decree No. 80/2020/ND-CP with all or a part of the content of international cooperation on law and judicial reform as prescribed in Clause 1, Article 4 of this Decree.

5. “International conferences and seminars” on law and judicial reform mean conferences and seminars prescribed in the Prime Minister's Decision No. 06/2020/QD-TTg dated February 21, 2020, on organization and management of international conferences and seminars in Vietnam (Decision No. 06/2020/QD-TTg) with all or a part of the content on law and judicial reform as prescribed in Clause 1, Article 4 of this Decree.

Article 3. Principles of international cooperation on law and judicial reform

1. To abide by the Vietnamese Constitution and law, to conform with treaties to which the Socialist Republic of Vietnam is a contracting party, ensure independence, sovereignty, unity, territorial integrity, national security, social order and safety.

2. To restrict the signing and implementation of cooperation activities that are detrimental to national interests and security.

3. To proactively select and promote cooperation contents that Vietnam needs, in line with Vietnam's reality and conditions, the Party's policies and orientations on foreign affairs, building and perfecting the socialist rule-of-law state of Vietnam and relevant laws.

4. To ensure equality and non-interference in each other’s internal affairs; to promote cooperation with partners that have good cooperation experiences with Vietnam, focusing on the sustainability of cooperation activities.

5. To ensure publicity, transparency, efficiency, practicality and to raise the responsibility in international cooperation on law and judicial reform.

Article 4. Contents and forms of international cooperation on law and judicial reform

1. International cooperation on law and judicial reform as prescribed in this Decree includes all or part of the following contents:

a) Strengthening capacity in developing legal documents.

b) Improving the effectiveness and efficiency of law enforcement.

c) Educating and training for legal personnel.

d) Judicial reform.

2. International cooperation on law and judicial reform as prescribed in this Decree shall be carried out in the following forms:

a) Signing and implementing treaties and international agreements.

b) Developing and implementing programs, projects, and non-projects.

c) Organizing international conferences and seminars.

3. Contents and forms of legal cooperation and judicial reform not prescribed in Clauses 1 and 2 of this Article shall comply with other relevant laws.

Chapter II

IMPLEMENTATION OF INTERNATIONAL COOPERATION ON LAW AND JUDICIAL REFORM

Article 5. Selection of proposals for international cooperation activities on law and judicial reform

Agencies and organizations implementing cooperation shall proactively select proposals for international cooperation activities on law and judicial reform that meet the following requirements:

1. The necessity and purposes of the cooperation must be clear, with the selection of cooperation content focusing on issues that require foreign expertise, aligning with the functions and duties of the agency or organization implementing cooperation, and adhering to the principles of international cooperation on law and judicial reform.

2. Foreign partners must have appropriate capacity and expertise in the content of cooperation.

3. The expected results of the cooperation activities must comply with the principles of international cooperation on law and judicial reform, and contribute to the implementation of the tasks of the agency or organization.

4. Coordinate with competent agencies to propose solutions ensuring security, order, and foreign affairs requirements during the organization and implementation of cooperation activities.

Article 6. Collecting opinions on international cooperation activities on law and judicial reform

1. For international agreements:

When consulting opinions on international agreement in accordance with the Law on International Agreements (except for international agreements specified in Articles 20 and 23 of the Law on International Agreements), if the agreement contains international cooperation content related to law and judicial reform, the proposing agency or organization shall concurrently submit the dossier to the Ministry of Justice and the Ministry of Public Security to consult opinions on the content of international cooperation on law and judicial reform under Point b, Clause 2, Article 10 and Point a, Clause 2, Article 11 of this Decree.

2. For programs, projects, and non-projects on law and judicial reform:

a) When collecting opinions on programs, projects, and non-projects on law and judicial reform of which the implementation policy is decided by the Prime Minister under Decree No. 114/2021/ND-CP and Decree No. 80/2020/ND-CP, the Ministry of Planning and Investment shall concurrently send the dossier to the Ministry of Justice, the Ministry of Public Security, and the Ministry of Foreign Affairs to collect opinions on the content of international cooperation on law and judicial reform in accordance with Point b, Clause 2, Article 10, Point a, Clause 2, and Point b, Clause 3, Article 11 of this Decree.

b) When collecting opinions on programs, projects, and non-project on law and judicial reform of which the implementation policy is decided by the managing agency under Decree No. 114/2021/ND-CP and Decree No. 80/2020/ND-CP, the managing agency shall concurrently submit the dossier to the Ministry of Justice and the Ministry of Public Security to collect opinions on the content of international cooperation on law and judicial reform, as prescribed at Point b, Clause 2, Article 10, and Point a, Clause 2, Article 11 of this Decree.

3. For international conferences and seminars on law and judicial reform:

When collecting opinions on organizing international conferences and seminars on law and judicial reform in accordance with Decision No. 06/2020/QD-TTg, the agency in charge of collecting opinions shall concurrently send the dossier to the Ministry of Justice and the Ministry of Public Security (in case of participation of foreign reporters) to collect opinions on the contents of international cooperation on law and judicial reform as prescribed at Point b, Clause 2, Article 10 and Point a, Clause 2, Article 11 of this Decree.

4. In case an international agreement, program, project, non-project, international conference or seminar on law and judicial reform contains contents related to the military and defense fields or has operations implemented at border areas, border gates and other key defense areas, the agency or organization conducting the consultation shall, in addition to collecting opinions from agencies as prescribed in Clauses 1, 2 and 3 of this Article, collect opinions from the Ministry of National Defense on the contents specified in Clause 4, Article 11 of this Decree.

5. The dossier for collecting opinions on international cooperation on law and judicial reform must comply with current laws and clearly state the necessity of the cooperation, its content, form of cooperation, partners, expected results, and assessment of the implementation of the requirements in Article 5 of this Decree.

6. Consulted agency shall provide answers within 7 working days after receiving valid dossiers as prescribed by law If relevant laws stipulate a different response time, such relevant laws shall be applied.

The contents of opinions shall be based on the functions, tasks and powers of the consulted agencies and provisions of this Decree.

Article 7. Implementation of international cooperation on law and judicial reform

Agencies and organizations implementing cooperation shall take responsibility to comply with the approved contents, ensuring compliance with the principles stated in Article 3 of this Decree. They must also share information, results and report on the status of the activities according to Articles 8 and 9 of this Decree.

Article 8. Sharing of information on, and results of, international cooperation on law and judicial reform

1. Agencies and organizations implementing cooperation shall take responsibility for sharing information on and results of international cooperation on law and judicial reform in one of the following forms:

a) Publishing information and results of international cooperation on law and judicial reform on their official websites or portals (if any).

b) Printing and distributing publications on the results of international cooperation on law and judicial reform.

2. Contents of shared information on and results of international cooperation on law and judicial reform:

a) Treaties and international agreements with contents on cooperation on law and judicial reform in Vietnamese and foreign languages.

b) Documents of program, project or non-project with contents on cooperation on law and judicial reform in Vietnamese and foreign languages ​​(if any).

c) Contents of cooperation on law and judicial reform in programs, projects and non-projects when completing such programs, projects and non-projects; results of international conferences and seminars on law and judicial reform when the activities are completed that do not belong to the programs, projects, or non-projects.

3. The sharing of information on and results of international cooperation on law and judicial reform must comply with the law on protection of state secrets, treaties to which the Socialist Republic of Vietnam is a contracting party, and commitments in international agreements, documents of programs, projects and non-projects signed between Vietnamese agencies, organizations and foreign sponsors, partners.

4. The Ministry of Justice shall develop, manage, and update information and results of cooperation from annual reports on the implementation of international cooperation on law and judicial reform of agencies and organizations as prescribed in Article 9 of this Decree. Information shall be shared in accordance with Clause 1 of this Article in the database of international cooperation on law and judicial reform, and shared on the Ministry of Justice's portal in accordance with relevant laws.

Article 9. Reporting regime

1. On an annual basis, central state agencies, central agencies of organizations, and provincial-level People's Committees shall take responsibility for submitting reports on the implementation of international cooperation on law and judicial reform within the scope of their management to the Ministry of Justice before December 25 of the reporting year. The report contents shall follow the form in the Appendix to this Decree.

2. Associations, social funds, and scientific organizations shall take responsibility for reporting to ministries, ministerial-level agencies, government-attached agencies, and provincial-level People's Committees, which are state management agencies in accordance with the law on the implementation of international cooperation on law and judicial reform before December 15 of the reporting year. The report contents shall follow the form in the Appendix to this Decree.

3. The Ministry of Justice shall take responsibility for summarizing and developing reports on the international cooperation on law and judicial reform nationwide and submitting them to the Prime Minister and competent agencies no later than the last day of January of the following year.

Chapter III

RESPONSIBILITIES IN MANAGING INTERNATIONAL COOPERATION ON LAW AND JUDICIAL REFORM

Article 10. State management of international cooperation on law and judicial reform

1. The Government shall unify the state management of international cooperation on law and judicial reform.

2. The Ministry of Justice shall assist the Government in performing its state management of international cooperation on law and judicial reform, with the following tasks and powers:

a) To assume the prime responsibility for drafting and submitting to competent state agencies for promulgation or promulgation under the competence legal documents on the management of international cooperation on law and judicial reform.

b) To provide opinions on the contents of legal cooperation and judicial reform for the conclusion of treaties and international agreements (opinions must comply with the Law on Treaties and the Law on International Agreements), to approve programs, projects, and non-projects (opinions on the conformity with the principles prescribed in Article 3 of this Decree), to organize international conferences and seminars (opinions on contents of draft schemes for the organization of conferences and seminars).

c) To disseminate and popularize laws on international cooperation on law and judicial reform.

d) To provide professional guidance, training, urge, inspect, and examine the implementation of the laws in international cooperation on law and judicial reform.

dd) To annually report to the Prime Minister and competent agencies on the implementation of international cooperation on law and judicial reform nationwide as prescribed in Clause 3, Article 9 of this Decree.

Article 11. Responsibilities of ministries, ministerial-level agencies and government-attached agencies

1. Ministries, ministerial-level agencies, and government-attached agencies:

a) To ensure the effectiveness and progress of international cooperation on law and judicial reform under their direct management and implementation.

b) To manage, guide, inspect and supervise the implementation of international cooperation on law and judicial reform by affiliated agencies, units and organizations in accordance with laws.

c) To approve or submit to competent authorities for approval, inspection, and supervision of international cooperation on law and judicial reform of organizations, associations, social funds, and scientific organizations under their state management in accordance with the law on associations, social funds, charity funds, and scientific organizations and relevant laws.

d) To share information and results of international cooperation on law and judicial reform in accordance with Article 8 of this Decree.

dd) To fully implement the reporting regime as prescribed in Article 9 of this Decree and relevant laws.

e) To give opinions on international cooperation on law and judicial reform as prescribed.

g) To provide training, fostering and improving the capacity of staff participating in international cooperation activities on law and judicial reform, to develop a team of qualified legal experts and staff to participate in handling international legal issues, and to work at international legal institutions within the scope of management.

h) To perform other tasks and exercise other powers as prescribed by law.

2. The Ministry of Public Security:

a) To provide opinions on issues related to security and order in international cooperation activities on law and judicial reform before signing treaties, international agreements, approving programs, projects, non-projects using non-refundable ODA, non-refundable aid not belonging to ODA, organizing international conferences and seminars on law and judicial reform. To assess the impact and recommend to the Government and the Prime Minister on solutions to protect national security and ensure social order and safety for international cooperation activities on law and judicial reform.

b) To guide and support Vietnamese agencies and organizations to comply with the law on national security protection and social security and safety assurance in international cooperation on law and judicial reform.

c) To coordinate with functional agencies to inspect and examine law enforcement and compliance with the law in international cooperation on law and judicial reform.

d) To carry out other functions and tasks as prescribed in Decree No. 35/2011/ND-CP dated May 18, 2011, of the Government, on legal measures to protect national security and maintain social order and safety.

3. The Ministry of Foreign Affairs:

a) To provide and share information on international partners operating in the field of international law within the scope of its management.

b) To provide opinions on the conclusion of international agreements, approval ofr programs, projects, non-projects using non-refundable ODA, non-refundable aid not belonging to ODA, international conferences and seminars on law and judicial reform regarding contents concerning conformity with policies on foreign affairs of the Socialist Republic of Vietnam and treaties to which Vietnam is a contracting party.

4. The Ministry of National Defense:

To provide opinions on issues related to national defense and security in the conclusion of international agreements, approval of programs, projects, non-projects, and organization of international conferences and seminars on law and judicial reform in case such cooperation activities concern fields of military or national defense or are carried out at border areas, border gates and other key defense areas.

Article 12. Responsibilities of provincial-level People’s Committee

1. Provincial-level People’s Committees managing international cooperation on law and judicial reform in their areas shall:

a) Ensure the effectiveness and progress of international cooperation on law and judicial reform under their direct management and implementation.

b) Manage, guide, inspect, supervise and report the implementation of international cooperation on law and judicial reform by affiliated agencies, units and organizations in accordance with relevant laws.

c) Approve, within the competence, or submit to competent authorities for approval, inspection, and supervision of international cooperation on law and judicial reform by organizations, associations, social funds, and scientific organizations under their management as prescribed by the law on associations, social funds, charity funds, and scientific organizations and relevant laws.

d) Provide opinions on international cooperation on law and judicial reform as prescribed.

dd) Summarize, share, exploit and use information on international cooperation on law and judicial reform in their provinces.

e) Provide training, fostering and improve the capacity of staff participating in international cooperation activities on law and judicial reform, develop a team of qualified legal experts and staff to participate in handling international legal issues under their management.

2. Provincial-level Departments of Justice shall take responsibility for assisting provincial-level People's Committees in state management of international cooperation on law and judicial reform in localities.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 13. Effective and transitional provisions

1. This Decree takes effect on May 15, 2024, and replaces the Government’s Decree No. 113/2014/ND-CP of November 26, 2014, on the management of international legal cooperation.

2. International cooperation activities in law and judicial reform that have been approved before the effective date of this Decree are not required to re-implement the procedures for consulting opinions specified in this Decree. The organization and implementation of international cooperation activities shall comply with this Decree.

3. International cooperation activities on law and judicial reform that have been submitted to competent authorities for approval before the effective date of this Decree but have not yet been approved shall continue to be approved in accordance with the Government's Decree No. 113/2014/ND-CP dated November 26, 2014, on the management of international legal cooperation, and shall be implemented in accordance with this Decree.

4. In case any legal document referred to in this Decree is amended, supplemented, or replaced, new ones shall prevail.

Article 14. Implementation responsibility

1. The Ministry of Justice shall take responsibility for guiding and inspecting the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, Chairpersons of People’s Committees of provinces and centrally run cities, and heads of agencies and organizations implementing international cooperation on law and judicial reform shall implement this Decree.

Appendix

(Attached to the Government's Decree No. 26/2024/ND-CP dated March 01, 2024)

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REPORT

On the international cooperation on law and judicial reform in ...........¹

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I. Information about international cooperation activities on law and judicial reform

Provide general information on signed treaties and international agreements on legal cooperation and judicial reform; programs, projects, and non-project aid for international cooperation on law and judicial reform; international conferences and seminars on law and judicial reform; and other international cooperation activities on law and judicial reform during the year implemented by the agency/organization/unit².

(Details are provided according to Tables enclosed with this Appendix)

II Assessment of the international cooperation on law and judicial reform in the agency/organization/unit³

1. Compliance with principles, requirements, process and procedures in the implementation of international cooperation activities on law and judicial reform

2. Results achieved and assessment of foreign experience reference

3. Limitations and problems

4. Causes

5. Assessment of the performance of the management of international cooperation on law and judicial reform within the ambit of functions and tasks assigned

III. Assessment of the situation and key tasks in international cooperation on law and judicial reform in ..... (year)

1. Assessment of the situation

2. Key tasks

IV. Proposals and recommendations

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¹ Reporting time as prescribed by Decree No. 01/2024/ND-CP.

² Including programs, projects and non-project aids managed and implemented by the agency/organization/unit.

3 Assessment focusing on the compliance with relevant laws on order and procedures for formulation, approval and implementation of projects, programs and non-project aids; organization of international conferences and seminars on law; communication and reporting regimes; personnel, foreign partners; security protection; issues to note in the process of implementing international legal cooperation activities.

PROGRAMS, PROJECTS AND INTERNATIONAL COOPERATION ACTIVITIES ON LAW AND JUDICIAL REFORM IN ..... (YEAR)

(Attached to Report No. …./BC-… dated ........, of ........., on the international cooperation on law and judicial reform in year .......)

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Note

- Column 4: Capital amount committed by source.

- Column 7: Record the form, total number, and main content of the implemented activities (such as expert research, surveys, conferences, seminars, training, etc.).

- Column 8: Briefly state the main results and the most important implications.

LIST OF TREATIES AND INTERNATIONAL AGREEMENTS ON LAW AND JUDICIAL REFORM SIGNED IN YEAR .....

(Attached to Report No. …./BC-… dated ........, of ........., on the international cooperation on law and judicial reform in year .......)

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SUMMARY OF INTERNATIONAL CONFERENCES AND SEMINARS ON LAW AND JUDICIAL REFORM IN YEAR ......

(Attached to Report No. …./BC-… dated ........, of ........., on the international cooperation on law and judicial reform in year .......)

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LIST OF LEGAL DOCUMENTS WITH INTERNATIONAL COOPERATION

(Attached to Report No. …./BC-… dated ........, of ........., on the international cooperation on law and judicial reform in year .......)

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