The Decree 51/2015/nd-Cp: Regarding The Granting Of Legal Opinions

Original Language Title: Nghị định 51/2015/NĐ-CP: Về cấp ý kiến pháp lý

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Decree on granting legal opinions _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
According to the recommendation of the Minister of Justice;
The Government issued the Decree on granting legal opinions, chapter I GENERAL PROVISIONS article 1. Scope and objects 1. This Decree regulates the principle, scope, sequence, procedure for granting legal opinion, the basic content of the legal opinion by the Ministry of Justice level and accountability of agencies, related organizations.
2. This Decree shall apply to: a) the Ministry of Justice;
b) organs, the organization requesting the legal opinion;
c) Agency, the organization that relate to the provision of legal opinions.
Article 2. Explanation of terms 1. The legal opinions provided for in this Decree is written by the Ministry of Justice level about the legality of the text be considered granting legal opinions.
2. the party is the State, the Government of Vietnam or the Vietnam State agencies is a party in the text be considered granting legal opinions.
3. The text was considering granting legal opinion is written in object-level legal opinion provided for in article 5 of this Decree.
Article 3. The legal opinion issued guidelines 1. The legal opinion was issued on the basis of and in accordance with the provisions of the law of Vietnam at the time.
2. legal opinions issued after the text was considering granting legal opinion signed, ratified, approved or issued in accordance with the provisions of the law.
3. the legal opinion did not do more, less, or change the rights and obligations of the parties had been under the writing be considered a legal opinion issued or according to the law applicable at the time of grant.
Article 4. The value of the legal opinion of the legal opinion is independent professional opinion on the legal issue of the text be considered granting legal opinions.
Article 5. Object-level legal opinion of the Department of Justice to review the level of legal opinions for the text that the State, Government or agency of the State is a party in the following cases: 1. International treaties about loans to official development assistance (ODA) and preferential loans; other related documents which the State, Government or agency of the State is a party (if any);
2. the loan agreement on behalf of the State, the Government or the Ministry of finance;
3. The text of the Government guarantee for the loan guarantee or Government documents released in international bonds guaranteed by the Government;
4. Agreement on international bonds of the Government;
5. Investment projects in the form of public-private partnership (PPP) (includes the project contract, the guarantee of government documents (if any), land leases and other documents related to the project which the State, Government or agency of the State is a party);
6. other special cases as assigned by the Government, the Prime Minister.
Article 6. The Agency, the Organization has the right to request legal opinion 1. State Agency chairing negotiations, signing of treaties with respect to ODA and concessional loans; the State's loan agreement; investment project contracts in the form of PPP.
2. The organization is the guarantee for the text of the Government guarantee on loans guaranteed by the Government or a Government-issued the guarantee.
Article 7. Conditions of granting the Justice Department legal opinion issued legal opinions when it meets the following conditions: 1. The text was considering granting legal opinion subject to legal opinions issued under the provisions of article 5 of this Decree;
2. Have the profile required to grant full legal opinion in accordance with the provisions of article 12 of this Decree and has been clarified, modify as required by the Ministry of Justice provided for in article 14 of this Protocol;
3. The negotiation, signing, approval or ratification of the text was considering granting legal opinions have been made in the right jurisdiction, procedures, procedure under the provisions of the law of Vietnam.
Article 8. Refuse to grant a legal opinion of the Department of Justice refuses to grant legal opinions with regard to the following cases: 1. The records request legal opinion does not meet requirements and record level according to the provisions of article 7 and article 12 of this Decree.
2. The records request legal opinion not be additions, corrections, clarifications as specified in paragraph 2 to article 13 or article 14 of this Protocol.
Article 9. Form and language of the legal opinion of the legal opinions are issued in the form of text by Vietnamese or English according to the recommendation of the Agency, the organization requesting the legal opinion.
Article 10. The basic content of legal opinions 1. The content of the legal opinion including the following basic content: a) the conditions, circumstances and assumptions needed to clarify the purpose and scope of legal opinions;
b) evaluation of the legal status of the parties in Vietnam signed or issued documents;
c) reviews the jurisdiction involved or issued the text of the Vietnam party;
d) assessment of compliance with the provisions of the law on the procedure of negotiations, Vietnam signed, issued the text;
DD) usage purpose of legal opinions and providing legal opinions for the institutions and individuals.
2. In addition to the above mentioned content, specific circumstances, legal opinions may have other content but not contrary to the principle of granting legal opinions are specified in article 3 of this Decree.
3. The content is not legal opinions on the episode, events or content not directly related to the law of Vietnam.
Chapter II the SEQUENCES, PROCEDURES of LEGAL opinion article 11. Recommend legal opinions issued after the completion of the signing, approval or ratification of the text was considering granting legal opinions, bodies, organizations wishing to submit 1 (one) the records suggest that the legal opinions issued under the provisions of article 12 of this Decree to the Ministry of Justice.
Article 12. Records request legal opinion 1. Records request legal opinions with regard to the international treaties on ODA and concessional loans include: a) The writer suggested the Justice Department issued a legal opinion (original);
b) international treaties have been signed (original or copies);
c) text approved advocated negotiations, signed international treaties about ODA, concessional loans (original or copies);
d) authorized the negotiation text, signed international treaties (original or copy) (if available);
DD) Government's approval for the Government's international treaties or the approval of the President or the National Assembly for international treaties, government-level (original or copy) (if available);
e) opinion of the Agency, the organization requesting the legal opinion about the legality of the text be considered granting legal opinions (original);
g) other documents necessary for the grant of a legal opinion;
h) Vietnamese translations of the documents mentioned above in case the document is made in a foreign language.
2. The records request legal opinion in respect of the loan agreement on behalf of the State, the Government or the Ministry of finance including: a) The writer suggested the Justice Department issued a legal opinion (original);
b loan agreement) on behalf of the State, the Government or the Ministry of Finance (originals or copies);
c) authorized negotiating text, the loan agreement signed (original or copy) (if available);
d) approval of the President or the Government or the Prime Minister about the signing of the loan agreement (originals or copies);
DD) opinion of the Agency, the organization requesting the legal opinion about the legality of the text be considered granting legal opinions (original);
e) other documents necessary for the grant of a legal opinion;
g) of Vietnamese translations of the documents mentioned above in case the document is made in a foreign language.
3. The records request legal opinion with respect to the text of the Government guarantee for the loan guarantee or Government documents released in international bonds guaranteed by the Government, including: a) The writer suggested the Justice Department issued a legal opinion (original);
b) testimonials of organs, the organization requesting the legal opinion about the legality of the text be considered granting legal opinions (original);
c) Government guarantee documents (originals or copies);
d) text approved by the Government or the Prime Minister on the Government's guarantee undertakings (originals or copies);
DD) The authorized text or prove the authority of the person signing the guarantee documents (originals or copies);
e) other documents necessary for the grant of a legal opinion;
g) of Vietnamese translations of the documents mentioned above in case the document is made in a foreign language.
4. The records request legal opinions with regard to the agreement on international bonds of the Government include: a) The writer suggested the Justice Department issued a legal opinion (original);
b the bonds agreement) (original or copy);
c) the text of the Government approval of the project of international bonds (originals or copies);
d) authorization or documents proving the authority of the person signing the agreement issued bonds (original or copies);
DD) opinion of the Agency, the organization requesting the legal opinion about the legality of the text be considered granting legal opinions (original);
e) other documents necessary for the grant of a legal opinion;
g) of Vietnamese translations of the documents mentioned above in case the document is made in a foreign language.
5. The profile request legal opinions with regard to investment projects in the form of PPP include: a) The writer suggested the Justice Department issued a legal opinion (original);
b) project contract (originals or copies);
c) guarantees and commitments of the Government (original or copy) (if available);
d) approval of the competent authorities regarding the contracts of the project (if any) and guarantee undertakings (originals or copies);
DD) authorised text of guarantee and commitment of the Government (original or copies);
e) other documents which State, Government or agency of the State is a party (original or copies);
g) opinion of the Agency, the organization requesting the legal opinion about the legality of the text be considered granting legal opinions (original);
h) other documents necessary for the grant of a legal opinion;
Vietnamese translation of) the above document in case the document is made in a foreign language.
6. Records request legal opinions with regard to the other documents as assigned by the Government, the Prime Minister include: a) The writer suggested the Justice Department issued a legal opinion (original);
b) text is assigned to review the level of legal opinions (originals or copies);
c) writing assignment of Government or Prime (original);

d) documents the process of negotiations, the text was considered the legal opinion issued in accordance with the provisions of the law (original or copies);
authorized text) under the provisions of the law (original or copy) (if available);
e) opinion of the Agency, the organization requesting the legal opinion about the legality of the text be considered granting legal opinions (original);
g) other documents necessary for the grant of a legal opinion;
h) Vietnamese translations of the documents mentioned above in case the document is made in a foreign language.
Article 13. Receiving and handling of records issued the legal opinion 1. The Ministry of Justice is responsible for receiving and examining the records request legal opinion provided for in article 12 of this Decree.
In the case of records request legal opinion do not meet the requirements for records specified in article 12 of this Decree, the Ministry of Justice requested the agency or organization requesting the legal opinion profile supplement within 5 working days from the date of receiving the records.
2. Organs, the organization recommended level of legal opinions have additional liability profile request legal opinion within 5 working days from the date of receiving the additional requirement profile of the Ministry of Justice.
Article 14. Corrects, clarifying the record request legal opinion 1. Case profile content discovery request legal opinion not in accordance with the law at the time of filing, the Justice Department has suggested The Agency, held a legal opinion request modify or clarify the content of records within 5 working days from the date of receiving the application requesting the legal opinion.
In the case of records request legal opinion has complex content, the time limit for the Ministry of Justice has requested dispatch modify or clarify the content of records can last long but not more than 15 days from the date of the application requesting the legal opinion.
2. Organs of the Organization, requesting the legal opinion is responsible for research, clarify and modify the record as required by the Ministry of justice within 15 days from the date of the request of the Ministry of Justice. Case of need due to having written request the Ministry of Justice and Ministry of Justice extension agreed in writing.
Article 15. The time limit for granting legal opinion 1. The Ministry of Justice issued a legal opinion within the time limit of 15 days for international treaties on ODA and concessional loans (if any) and 30 days for other cases, from the date of receipt of a valid application in accordance with this Decree.
2. a valid profile is the profile includes the full text of the provisions of article 12 of this Decree and has been clarified, modify as required by the Ministry of Justice provided for in article 14 of this Protocol.
3. In the case of legal opinion has complex content, the time limit for granting legal opinions may be extended but not more than 60 days from the date of receipt of a valid application.
Article 16. To clarify the content of legal opinions 1. Case should clarify the content of legal opinions, agency, organization has issued a legal opinion submitted requests in writing the Justice Ministry proposal to clarify the content of the legal opinion.
2. Within 15 days of receiving the request, the Ministry of Justice has text clarifying the content of legal opinions posted Agency, the organization requires.
Article 17. Modify, supplement legal opinion 1. The Agency held to the provisions in article 6 of this Decree account has the right to request amendments, supplements the content of legal opinion issued in the case of the text issued legal opinions have been modified, added.
2. in case that needs amending, supplementing the content of legal opinion was issued, the Agency held posted 01 (a) the record requested legal opinions issued under the provisions of article 12 of this Decree to the Ministry of Justice which stated the contents require modification, additions and rationale requirements.
3. The Ministry of Justice is responsible for receiving the request and grant or refuse to grant the legal opinion of the additional amendments within the time limit of 30 days from the date of receipt of a valid application. The case refused to grant the legal opinion of the additional amendments, the Department of Justice has a formal reply in writing to the Agency, the organization requires additional amendments which stated the reason for rejection.
Article 18. Use legal opinions 1. The Agency, the organization requesting the legal opinion only used legal opinions for transactions stated in the text is considering granting legal opinions.
2. Organs of the Organization, requesting the legal opinion are only provided legal opinions for the individual, the organization stated in a legal opinion and is provided only for individuals and organizations if the written consent of the Ministry of Justice.
Chapter III LIABILITY of the Agency, HELD in the PROCESS of GRANTING LEGAL opinion article 19. The Agency's responsibilities, the organization requesting the legal opinion 1. Give the full, timely information, documents related to the text are considered legal opinions issued at the request of the Ministry of Justice under the provisions of this Decree.
2. Ensure the accuracy, legality and authenticity of records request legal opinion sent to the Ministry of Justice.
3. in case of not providing full information, documents at the request of the Ministry of Justice, the Agency held a legal opinion request must have the official announcement for the Ministry of Justice about not able to provide information and documents.
4. where the provision of information, documents and incorrect, incomplete, or does not guarantee authenticity, authority, organization legal opinion request must bear full responsibility for the consequences of providing such information.
Article 20. The responsibility of the Ministry of Justice consider requesting the legal opinion 1. Make sure the content of legal opinions in accordance with the law at the time of granting of legal opinions.
2. the written notice to the Agency, the organization requesting the legal opinion in the case refused to grant the legal opinion which stated the reason for rejection.
Article 21. Responsible for coordinating with the Department of Justice in the resolution requesting the legal opinion in case of need, when required by the Ministry of Justice, ministries, ministerial agencies, related organizations are responsible for coordination of the review, the level of legal opinions.
Chapter IV IMPLEMENTATION Article 22. The Organization made the Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the province, central cities, the Organization, the individual concerned is responsible for the implementation of this Decree.
Article 23. Effect 1. This Decree shall take effect from the date of July 15, 2015.
2. The case was send to the Ministry of Justice issued a legal opinion suggested prior to this Decree takes effect shall continue to comply with the provisions of Decree No. 38/2013/ND-CP on April 23, 2013 of the Government on the management and use of official development assistance resources and preferential loan capital of the donor , Decree No. 01/2010/ND-CP on 05 January 2011 by the Government on the release of government bonds, Government-guaranteed bonds and bonds of local government, Decree No. 108/2009/ND-CP on November 27, 2009 by the Government on investment in the form of construction contract-business-transfer , construction contract-transfer-business, construction contract-transfer, Decree No. 15/2010/ND-CP dated Feb. 16, 2011 and issued by the Government on the guarantee management and Government Decree No. 15/2015/ND-CP dated 14 February 2015 the Government on investment in the form of public private partnership.
3. From the date of this Decree, in effect, repeal the following regulations: a) Clause 6 Article 64 of Decree 38/2013/ND-CP on April 23, 2013 of the Government on the management and use of official development assistance resources and preferential loan capital of the donor;
b) clause 4 Article 49 of Decree 01/2010/ND-CP on January 5th, 2011 by the Government on the release of government bonds, Government-guaranteed bonds and bonds of local government;
c) Clause 6 article 2, point b article 4 paragraph 1, point c paragraph 6 article 10, Decree No. 15/2010/ND-CP dated Feb. 16, 2011 the Government grants and Government guarantee management./.