Thông tư 07/2015/TT-BTP về quản lý hợp tác quốc tế về pháp luật

THE MINISTRY OF JUSTICE

Circular No.07/2015/TT-BTP dated June 15, 2015 of the Ministry of Justice providing the specific provisions for the implementation of the regulations of the Decree No. 113/2014/ND-CP dated November 26, 2014 of the Government on the management of international legal cooperation

Pursuant to the Government’s Decree No. 22/2013/ND-CP dated March 13, 2013 on defining the functions, tasks, powers and organizational structure of the Ministry of Justice;

Pursuant to the Government’s Decree No. 113/2014/ND-CP dated November 26, 2014 on managing the international collaboration on legislation;

Pursuant to the Government’s Decree No. 38/2013/ND-CP dated April 23, 2013 on managing and using funds derived from official development assistance (ODA) and concessional loans provided by sponsors; 

Pursuant to the Government’s Decree No. 93/2009/ND-CP dated October 22, 2009 on promulgating the Regulations on managing and using non-governmental overseas aids;

Pursuant to the Decision No.76/2010/QD-TTg dated November 30, 2010 on organization and management of international conferences or seminars held in Vietnam;

After considering the request made by the Director of the International Collaboration Department;

The Minister of Justice hereby introduces the Circular providing the specific provisions for the implementation of the regulationson the management of international legal cooperation.

Section I. GENERAL PROVISIONS

Article 1. Scope of application

This Circular provides specific provisions for the implementation of regulations on the procedure, application for evaluating and giving opinions on the legislation-related program, project and non-project assistance; sharing of information and the result of international collaboration on legislation; process and procedure for temporary cessation or suspension of the legislation-related program, project and non-project assistance and several templates of the international collaboration on legislation in accordance with the Government’s Decree No. 113/2014/ND-CP dated November 26, 2014 on managing the international collaboration on legislation (hereinafter referred to as the Decree No. 113/2014/ND-CP).   

Section II. PROCEDURE, APPLICATION FOR EVALUATING AND GIVING OPINIONS ON THE LEGISLATION-RELATED PROGRAM, PROJECT AND NON-PROJECT ASSOCIATION

Article 2. Procedure for evaluating literatures on the legislation-related collaboration program or project under the approval-granting authority of the Prime Minister

1. After obtaining opinions on literatures the collaboration program or project under the approval-granting authority of the Prime Minister from relevant agencies, the governing body (applicable to the program or project financed by the official development assistance fund and concessional loans provided by foreign sponsors) and the Ministry of Planning and Investment (applicable to the program or project financed by foreign non-governmental aids) shall be responsible for providing the Ministry of Justice with documentation about the assessment of literatures on the legislation-related program or project, enclosing the written request for their assessment  

2. If the program or project is composed of contents which are complicated or related to different Ministries, industries, or the program or project is governed by the Ministry of Justice, the Ministry shall convene the meeting about the assessment consultation.

The composition of participants in the meeting about the assessment consultation shall include the representative of the Ministry of Justice, the Ministry of Public Security and other relevant agencies or organizations.

3. Within a permitted period of 12 days from receipt of all valid documentation, the Ministry of Justice shall send the written assessment to the governing body and the Ministry of Planning and Investment.

Article 3. Documentation about assessment of literatures on the legislation-related collaboration program or project

1. Documentation about assessment of literatures on the program or project financed by ODA funds, concessional loans provided by sponsors shall include materials stipulated in Article 26 of the Decree No. 38/2013/ND-CP dated April 23, 2013 on managing and using ODA funds, concessional loans provided by sponsors (hereinafter referred to as the Decree No. 38/2013/ND-CP).

2. Documentation about assessment of literatures on the legislation-related collaboration program or project financed by foreign non-governmental assistance funds shall include materials stipulated in Article 12 of the Regulation on management and use of foreign non-governmental assistance funds issued together with the Decree No. 93/2009/ND-CP dated October 22, 2009 (hereinafter referred to as the Regulation on management and use of foreign non-governmental assistance fund). 

3. The governing body (applicable to literatures on the program or project financed by ODA fund, concessional loans) and the Ministry of Planning and Investment (applicable to applicable to literatures on the program or project financed by foreign non-governmental assistance fund) shall be responsible for providing the Ministry of Justice with one (01) set of paper or online documentation about assessment of literatures on the legislation-related collaboration program or project. The online documentation shall be sent to the Ministry of Justice at the email address qlhtqtpl@moj.gov.vn.

Article 4. Procedure for giving advice on literatures on the legislation-related collaboration program or project under the approval-granting authority of the governing body

1. In the course of assessing literatures on the legislation-related collaboration program or project under the approval-granting authority of the governing body according to regulations laid down in the Decree No. 38/2013/ND-CP and the regulation on management and utilization of foreign non-government aids, the governing body shall take responsibility to provide the Ministry of Planning and Investment and relevant agencies as well as the Ministry of Justice with documentation about literatures on the program or project for the purpose of obtaining their advice.

2. Within a permitted period of 12 days from receipt of all valid documentation, the Ministry of Justice shall be responsible for giving their advice in writing to the governing body.

Article 5. Documentation submitted to obtain advice on literatures on the legislation-related collaboration program or project

1. Documentation submitted to obtain advice on literatures on the legislation-related program or project financed by ODA fund, concessional loans provided by sponsors shall be composed of the followings:

a) The decision on approval for the List of sponsorships granted by competent authorities.

b) Draft literatures on the program or project written in Vietnamese and a foreign language (if any).

c) Written advice from the Ministry of Planning and Investment, the Ministry of Finance and relevant agencies, sponsors (if any) during the process of preparing literatures on the legislation-related collaboration program or project.

2. Documentation submitted to obtain advice on literatures on the legislation-related program or project financed by foreign non-government aids shall be composed of the followings:

a) The written notification or commitment of the sponsor to consider foreign non-government aids.

b) Draft literatures on the program or project written in Vietnamese and a foreign language (if any).

c) Advice from relevant agencies or organization during the process of preparing literatures on the program or project.

3. The governing body shall be responsible for submitting one (01) paper or online set of documents to obtain advice on literatures on the legislation-related collaboration program or project to the Ministry of Justice. The online documentation shall be sent to the Ministry of Justice at the email address qlhtqtpl@moj.gov.vn 

Article 6. Process for giving advice on non-project legislation-related assistance

1. During the process of obtaining advice from relevant agencies, the governing body (applicable to non-project legislation-related assistance by using ODA fund and concessional loans provided by sponsors), and the agency in charge of assessment (applicable to non-project legislation-related assistance by using foreign non-government aids), shall be responsible for submitting documentation about non-project legislation-related assistance for the purpose of obtaining advice.

2. Within a permitted period of 07 working days from receipt of all valid documentation, the Ministry of Justice shall be responsible for giving their advice in writing to the governing body or the agency in charge of assessment.

Article 7. Documentation submitted to obtain advice on non-project legislation-related assistance

1. Documentation submitted to obtain advice on non-project legislation-related assistance by using ODA fund, concessional loans provided by sponsors shall be composed of the followings:

a) The decision on approval for the List of sponsorships granted by competent authorities.

b) Draft literatures on non-project legislation-related assistance in terms of the non-project assistance at the scale of approximately more than USD 20,000.

c) Written advice from the Ministry of Planning and Investment, the Ministry of Finance and relevant agencies, sponsors (if any) during the process of preparing documentation about the non-project legislation-related assistance.

2. Documentation submitted to obtain advice on the non-project legislation-related assistance by using the foreign non-government aids shall be composed of materials stipulated in Article 9 enshrined in the regulation on management and utilization of foreign non-government aids.

3. The governing body or the agency in charge of assessment shall be responsible for submitting one (01) paper and online set of documents to obtain advice on the non-project legislation-related assistance to the Ministry of Justice.  The online documentation shall be sent to the Ministry of Justice at the email address qlhtqtpl@moj.gov.vn.

Section III. SHARING OF INFORMATION AND THE RESULT OF INTERNATIONAL COLLABORATION ON LEGISLATION

Article 8. Principle of sharing information and the result of international collaboration on legislation

1. The governing body shall bear responsibility for contents of shared information and result of international collaboration on legislation.

2. Sharing information and result of international collaboration on legislation must be implemented in a sufficient, timely and objective manner as well as ensure compliance with legal regulations on protection of state secrets.

Article 9. Contents of shared information and result of international collaboration on legislation

Based on specific operations of international collaboration on legislation, information and result of international collaboration on legislation shall include one or a lot of the following content(s):

1. International treaties or agreements on legislation collaboration available in Vietnamese and foreign language.

2. Literatures on the legislation-related program or project; literatures on non-project legislation-related assistance written in Vietnamese or foreign language (if any).

3. Different types of reports: the report on completion of the program or project or non-project assistance; the report on research result; the report on survey result.

4. Information about experts participating in international collaboration on legislation.

5. Report on the result of international conference, seminar or workshop about legislation, program, speech and other materials issued in that conference, seminar or workshop.

6. Other related information.

Article 10. Permitted duration of shared information and result of international collaboration on legislation

Within a permitted duration of 10 working days from the date on which collaboration operations have been completed, the governing body shall carry out sharing of information, result of the international collaboration on legislation in accordance with regulations laid down in Clause 1 Article 14 of the Decree No. 113/2014/ND-CP. The online documentation shall be sent to the Ministry of Justice at the email address qlhtqtpl@moj.gov.vn.

Section IV. PROCESS, PROCEDURE FOR TEMPORARY SUSPENSION OR CESSATION OF THE PROGRAM OR PROJECT OR NON-PROJECT LEGISLATION-RELATED ASSISTANCE

Article 11. Temporary suspension, cessation of the program, project or non-project legislation-related assistance under the approval-granting authority of the Prime Minister

1. If the governing body whilst managing execution of the program, project, Ministries, ministerial-level agencies,provincial People’s Committees whilst examining implementation of international collaboration on legislation within the scope of the industry, sector or the local area, and the Ministry of Justice whilst carrying out the periodic or occasional examination of implementation of international collaboration on legislation across the nation, find out acts stipulated in Clause 2, 3 Article 18 of the Decree No.113/2014/ND-CP, they shall request the Ministry of Planning and Investment in writing to consider or petition the Prime Minister to decide the temporary suspension or cessation of the program, project or non-project legislation-related assistance under the approval-granting authority of the Prime Minister.    

2. Within a permitted duration of 07 working days from the date on which acts stipulated in Clause 2 and 3 Article 18 enshrined in the Decree No. 113/2014/ND-CP have been found out, authorities stipulated in Clause 1 of this Article shall be responsible for requesting the Ministry of Planning and Investment for consideration or petitioning the Prime Minister for decision.

3. Within a permitted duration of 05 working days from receipt of the request, the Ministry of Planning and Investment shall bear accountability to the Prime Minister to apply for the decision on the temporary suspension or cessation of the program, project or non-project legislation-related assistance under the approval-granting authority of the Prime Minister.

Article 12. Temporary suspension, cessation of the program, project or non-project legislation-related assistance under the approval-granting authority of the governing body

1. The governing body, when discovering acts stipulated in Clause 2, 3 Article 18 enshrined in the Decree No. 113/2014/ND-CP, shall be responsible for considering and deciding the temporary suspension or cessation of the program, project or non-project legislation-related assistance under the approval-granting authority of the governing body.

2. If Ministries, ministerial-level agencies, provincial People’s Committees whilst examining implementation of international collaboration on legislation within the scope of the industry, sector or the local area, and the Ministry of Justice whilst carrying out the periodic or occasional examination of implementation of international collaboration on legislation across the nation, find out acts stipulated in Clause 2, 3 Article 18 of the Decree No. 113/2014/ND-CP, they shall petition the governing body in writing to consider and decide the temporary suspension or cessation of the program, project or non-project legislation-related assistance.    

Within a permitted duration of 30 days from receipt of the petition from competent authorities, the governing body shall assume its responsibility to consider and decide the temporary suspension or cessation or refusal to temporarily suspend or cease the program, project or non-project legislation-related assistance.

Article 13. Notification of the result of handling of the petition for temporary suspension, cessation of the program or project, non-project legislation-related assistance

Within a permitted duration of 10 working days from receipt of the result of handling of temporary suspension or cessation, the governing body shall be responsible for providing the Ministry of Justice and relevant agencies with the decision on temporary suspension or cessation of the program or project, non-project legislation-related assistance, or the notification of the result of handling of the petition unless the program or project, non-project legislation-related assistance is temporarily suspended or ceased.

Article 14. Notifying foreign partners of the Decision on temporary suspension, cessation of the program or project, non-project legislation-related assistance

The governing body shall be responsible for notifying sponsors within a permitted duration of 05 working days from the date on which the decision on temporary suspension or cessation was granted, or the competent authority issued its decision on temporary suspension, cessation of the program, project or non-project legislation-related assistance.

Article 15. Contents of the decision on temporary suspension, cessation of the program or project, non-project legislation-related assistance

1. Basis for temporary suspension.

2. Expiration date of the temporary suspension.

3. Requirements that must be met to terminate the temporary suspension.

4. Rights and obligations of an agency or organization in case of the temporary suspension of the program or project, non-project legislation-related assistance.

5. Other contents (when available).

Article 16. Contents of the decision on the cessation of the program or project, non-project legislation-related assistance

1. Basis for the cessation.

2. Rights and obligations of an agency or organization in case of the cessation of the program or project, non-project legislation-related assistance.

3. Other contents (when available).

Article 17. Validity termination, cancellation, withholding and temporary suspension of implementation of the whole or part of international treaties or agreements

If the program, project or non-project legislation-related assistance that has been agreed upon in the form of international agreements is subject to the temporary suspension or cessation, the agency that proposes concluding international treaties or agreements shall be responsible for going through procedures for validity termination, cancellation, withholding and temporary suspension of implementation of the whole or part of international treaties or agreements in accordance with the Law on Concluding, Joining and Implementing international treaties and the Ordinance on Signing and Implement international agreements.   

Section V. IMPLEMENTARY PROVISIONS

Article 18. Implementation effect

1. This Circular shall come into force from August 1, 2015 and replace the Circular No. 10/2008/TT-BTP of the Ministry of Justice dated December 31, 2008 on providing guidance on the implementation of certain provisions of the Government’s Decree 78/2008/ND-CP dated July 17, 2008 on management of international collaboration on legislation. 

2. This Circular shall be issued together with templates of the summary report on the result of implementation of regulations on legislation-related international conferences and seminars, and the status report on the implementation of regulations on annual international collaboration on legislation.

Article 19. Implementation responsibilities

1. Ministers, the Heads of ministerial-level agencies, the Governmental agencies, the Presidents of the People’s Committee of centrally-affiliated cities and provinces, and relevant agencies or organizations shall implement this Circular.

2. Any difficulties arising in the course of implementation of this Circular shall timely be sent to the Ministry of Justice for consideration and possible solutions./.

For the Minister

The Deputy Minister

Nguyen Khanh Ngoc

*All appendices are not translated herein.