Decree 114/2014/nd-Cp: Management Of International Cooperation Law

Original Language Title: Nghị định 113/2014/NĐ-CP: Về quản lý hợp tác quốc tế pháp luật

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THE GOVERNMENT.
Number: 113 /2014/ND-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, November 26, 2014


DECREE

In terms of international cooperation management of law

______________

Government Law Base December 25, 2001;

The State Budget Law Base December 16, 2002;

The Public Debt Management Law Base June 17, 2009;

The signing of the Law of Signing, accession and implementation of the international treaty June 14, 2005;

The French base signs the signing and implementation of the international agreement on April 20, 2007;

On the recommendation of the Minister of Justice,

The government issued a decree on the management of international co-operation on law.

Chapter I

COMMON RULES

Number one. Adjustment range

The decree provides for the management of international cooperation of the agencies, the organization of Vietnam with agencies, foreign organizations, international organizations in the construction of law; training, fostering legislation; conference organization, workshop, and conference. legal in the framework of program, project, or non-project aid.

Article 2. The principle of implementing international cooperation on law.

1. Compact by the Constitution, the Vietnamese law, in accordance with the international treaties in which Vietnam is a member, ensuring independence, sovereignty, unity, territorial integrity, national security, social safety order.

2. Secure the public, transparency, and accountability in the implementation of international co-operation activities on law.

3. Equal and not to interfere with each other ' s internal affairs.

4. Secure the effectiveness, the real and the non-duplicate.

5. The Supreme Leader ' s responsibility for ensuring the right of law, effective in taking on, managing, using the source of formal development assistance (ODA), the preferable equity of donors, foreign government aid in cooperation with the United States and the United States. The international law.

6. Construction, approval, management, and implementation of the program, project, non-project aid to the law must follow the provisions of this decree, regulatory laws governing, using ODA, sponsor loans, non-government aid, and non-governmental aid. the foreign government and other laws of law have been related.

Third. The program ' s governing body, the project, the non-project aid on law

1. The program hosts, the project, the non-project aid to the law (later called the governing body) as the agency, the organization is regulated at the regulatory legislation on management, using ODA, the preferable borrower of donors and aid to the aid of the government. Foreign government.

2. The governing body has the duties, the powers prescribed at this decree and the laws that govern the management, use of ODA, the preferable borrower of foreign government donors and aid.

Article 4. The advocacy of ODA, the preferable capital of donors and foreign non-governmental aid in international cooperation on the law of law.

1. Recommend the agencies, organizing the ODA movement, the preferable equity of donors and foreign non-governmental aid in accordance with the rule of law.

2. advocacy of ODA, the preferable capital of donors and foreign government aid in international cooperation on the legislation implemented on the following basis:

a) Economic development strategy-social, constructive strategy and the finalization of the legal system, the strategic reform strategy, the national strategy of public debt and foreign debt;

b) The attraction of the attraction, using ODA, the preferable borrower of donors and the direction of the foreign government aid advocacy;

c) The regulatory legislation on management, the use of ODA, the preferable equity of donors and foreign non-governmental aid.

3. Ministry, peer agency, the presiding provincial People ' s Committee, in collaboration with the Ministry of Justice, Ministry of Planning and Investment, Ministry of Foreign Affairs, the Union of Vietnamese Friendship organizations organising the ODA, the preferable borrower of donors and the foreign government aid. besides in international cooperation on law in each of the ministries, industry, local.

4. During the operation of ODA, the preferable capital of donors and the foreign government aid in international cooperation on the law, the Ministry of Justice chaired, in coordination with the Ministry of Planning and Investment, the Ministry of Foreign Affairs and relevant agencies that held the Forum. Cooperative partnerships in the field of law; organizing group meetings of the law partnership; the construction of the portfolio of priorities in law.

Chapter II

CONSTRUCTION, PROGRAM APPROVAL,

LAW COOPERATIVE PROJECT

What? 5. The program, the legal partnership project

The program, which projects legal cooperation as a program, project cooperation with all or part of the content on building legislation; training, fostering legislation; conference organization, international conference on law.

What? 6. Build the Scheme, approve the Program funding category, project legal cooperation project.

1. The governing body builds program Proposal, which projects legal cooperation under the rule of law on management, using ODA and the preferable borrower of donors.

2. The Ministry of Planning and Investment (for the Sponsored Portfolio of the Prime Minister) and the governing body (for the Governing Portfolio of the governing body of the governing body) is responsible for the opinion of the Ministry of Justice and the agencies, It ' s relevant to the program ' s scheme, the legal partnership project.

The Ministry of Justice and agencies, the relevant organization, is sent to take the opinion that is responsible for responding in writing in the statute of limitations in the legal text of management, using ODA and the preferable borrower of donors.

3. The presentation, approval of the portfolio is implemented in accordance with the regulatory law of management, using ODA and the preferable borrower of donors.

During the 5-day period of work, since the International Approved Portfolio, the Ministry of Planning and Investment (for the Sponsorship Portfolio of the Prime Minister) and the governing body (for the Sponsorship Portfolio of the Government of the United States). The governing body, or the decision to approve the Sponsorship Portfolio, or the Decision to approve the Department of Justice for the Department of Justice to the Ministry of Justice to synthevalue, follow.

What? 7. Judge, for opinion on the program ' s document, project legal cooperation project.

1. The governing body is responsible for sending program document records, project legal cooperation project to the Department of Justice (for the program document, project under the Government of Government approval), for the opinion (for the program document, project), and the project. It is under the jurisdiction of the Chief Minister of the Authority.

2. The appraisal, for the opinion on the program document, the legal cooperation project includes:

a) The legality, the legality of the program, the legal cooperation project; the suitcases of the program, the legal cooperation project with the international treaties that Vietnam is a member;

b) The calculation does not overlap with the program, the other law cooperative project;

c) The necessity, the feasibility of the content cooperation content in the program, project;

d) The suitability of the objective, the content of the program, project with function, task, and capacity to implement the project of the governing body.

3. The Ministry of Justice is responsible for sending opinions to the slog-holder body of 12 days, since the date of receiving enough valid records, except for other regulated law cases.

4. The governing body is responsible for the research, which continues the intent of the appraisal, the advice of the Ministry of Justice, in the absence of a non-resupply case.

5. The Minister of Justice provides details on the process, the appraisal profile, for the opinion on the program ' s document, the legal cooperation project.

What? 8. Approved program document, project legal cooperation project

1. The presentation, approval of the program document, the legal legal project implementation of the regulatory law of management, the use of ODA, the preferable capital of donors and foreign non-governmental aid.

2. During the 5-day period of work, since the date of the program document, the legally granted legal legal project, the governing body that sent the Department of Justice decided to approve it with the program document, the bill for legal cooperation has been approved.

What? 9. Modified, supplemated program document, project legal cooperation project

1. In case of the amendment, the addition of the program document, the bill for legal cooperation does not lead to a change of the decision to approve the Sponsorship Portfolio, the presiding body responsible for the advice of the Ministry of Justice before the Prime Minister approx. or approved by the jurisdiction of changes in the program document, the project under the regulatory law of management, the use of ODA, the preferable borrower of foreign government donors and aid.

2. The amendment, the addition of the program document, the legal cooperation project that leads to a change of the Decision to approve the Sponsorship Portfolio is implemented by the rule of law on management, the use of ODA, the preferable borrower of donors, non-governmental aid. foreign and Article 6 of this decree.

The decision base approx the portfolio of funding, the governing body that organizes the appraisal, approving the changes in the program document, the legal legal project under the rule of law on management, using ODA, the preferable borrower of the donors. help, the foreign government aid and the provisions of this decree.

Chapter III

PERFORMING INTERNATIONAL COOPERATION ON LAW

What? 10. Build the Program execution plan, the annual project

1. Host, project construction project implementing the program, the annual project under the rule of law on management, use of ODA, the preferable equity of donors and foreign non-governmental aid.

2. The program holder, project through the governing body responsible for sending part of the legal cooperation content in the Plan implementation Plan, the annual project for the Department of Justice within the five working days, since the date of the approved Plan for General, Watch.

What? 11. Legal Construction Cooperation

1. The law building cooperation is done through the forms of expert supply, information support, and documentation, the survey organization that serves the construction of the law, the conference organization, the workshop on law building using ODA, the preferable borrower of the law. Foreign donors, foreign government aid.

2. The holding of the conferences, the seminar on the construction of the law is carried out as stipulated at Article 13 of this decree.

3. After the end of the operation, the governing body is responsible for organizing the output of the output and the implementation of the sharing of information, the results of international cooperation on the law by regulation at Article 14 of this decree.

What? 12. Training cooperation, fostering legal law

1. The training, fostering cooperation on the law is done through the forms:

a) Providing the expert on the implementation of studies concerning training, fostering of law;

b) exchange of faculty;

c) The organization surveys the training experience, fostering legislation; organizing training courses, fostering, training in law.

2. The organization of conferences, seminars with the purpose of fostering, the training of the law is carried out as stipulated at Article 13 of this decree.

3. Other collaborative activities on training, restitution of the law are carried out under the rule of law.

4. After the end of the operation, the governing body is responsible for organizing the output results and the implementation of the sharing of information, the results of international co-operation on law by regulation at Article 14 of this decree.

What? 13. The conference organization, the international conference on law

The organization of the conference, the international conference on legislation is implemented by the provisions of the law on organization, conference management, international seminars in Vietnam and the following regulations:

1. The Agency, the organization of Vietnam when holding the conference, the international conference on the jurisdiction of the Prime Minister ' s decision to decide the decision of the Prime Minister, foreign institutions when holding the conference, the international seminar on the law is responsible:

a) With the written opinion of the Ministry of Justice and relevant agencies prior to the organization of the conference, the seminar. The Ministry of Justice and the agencies receiving the text of the opinion are liable to respond in writing in a period of no more than 15 days, since the date received an opinion of the petition for the organization of the conference, the workshop;

b) Submit a summary of the results of the conference organization, the seminar for the Ministry of Justice within 15 days, since the end of the conference, the seminar.

2. After the conclusion of the conference, the workshop, the agencies, the organization presiding over the conference, the seminar is responsible for sharing information, the results of international cooperation on the law by regulation at Article 14 of this decree.

3. The filing of the petition to hold the conference, the international seminar on legislation includes:

a) The text recommended for the opinion;

b) The plan or the project to hold the conference, the international seminar on law pursuits to the organization of the law on organization, conference management, international workshop in Vietnam;

c) Other process texts (if available).

4. The Minister of Justice rules the report summary of the outcome of the conference, the international conference on law.

What? 14. Share the information, the results of international cooperation on law

1. The governing body sends the results of international cooperation on the law to the Ministry of Justice to sum up, update on the basis of international cooperation data on law, post on the Department of Justice ' s Electronic Information Portal and share information in one of the following forms:

a) Subscription of the information, the results of international cooperation on the law on the portal of the agency ' s electronic information, organization;

b) In print, issue publications on the results of international cooperation on law;

c) Other forms according to the rule of law.

2. The sharing of information, the results of international cooperation on the law must ensure compliance with laws of state secrecy protection and other laws concerned.

Chapter IV

MONITORING, ASSESSMENT

INTERNATIONAL COOPERATION ON LAW

What? 15. Responsible oversight, assessment of the implementation of international cooperation on law.

1. Program Management Board, which is responsible for regularly monitoring, evaluation of the program, project cooperative project.

2. The program hosts, the project is responsible for directing, managing the Program Management Board, the project in monitoring, evaluation of the program, the legal collaborative project.

3. The presiding agency planning, in coordination with the relevant agencies, or hired consultants to conduct the impact of the impact of the program, project legal cooperation project.

4. The Ministry of Justice chaired, in coordination with the relevant agencies establishing and operating the monitoring information system, evaluating program, project, facilitalization of information sharing and exploitation of this system.

What? 16. Report Mode

1. The program owner, the Project Planning to End the Program, project the legal cooperation project for a period of 6 months, since the date of the end of the program, the project sends the Ministry of Planning and Investment, the Ministry of Justice to sum up, follow.

2. Every year, the governing body is responsible for sending the Ministry of Justice to report the status of international cooperation on the slowest law on 15 January next year according to the unified form issued by the Ministry of Justice.

3. The Ministry of Justice is in charge of aggregation, the construction of the report of international cooperation on law within the country, the Prime Minister's slowest on the last day of the next February and sending the Ministry of Planning and Investment to General, the following.

What? 17. Check out the implementation of international cooperation on legal law.

1. Ministry, peer-to-peer agency, the Provincial People ' s Committee is responsible for examining the implementation of international cooperation on law within the sector, field, locality.

2. The Ministry of Justice conducts periodic examination and the implementation of the implementation of international cooperation on law within the country. In the case of necessity, the Ministry of Justice established the interdisciplinary examination of the representatives of the relevant authorities.

3. The inspection of the breakthrough was made upon the discovery of the agency, the organization with signs of violation of the law, as required to resolve the complaint, denounce, defence, anti-corruption or at the request of the Minister of Justice.

4. During the examination, if the breach of the breach, the agency conducts an examination of the right to handle the jurisdiction or the organ petition which has jurisdiction over the provisions of the law.

5. The inspection of the implementation of international cooperation on the law is carried out by the rule of law on the inspector.

What? 18. Waste Processing

1. The agency, the organization that participated in international cooperation on legislation that has infringed administrative violations under the rule of law on administrative violation.

2. The program, the project, the non-project aid on the law suspended in the case of not conducting activities within the framework of the program, the project, the non-project aid on law within 12 months of continuous, since the date of the program, the project, aid. The project was approved by the project, except for the authorized authorities.

3. The program, the project, the non-project aid on the law is suspended all or partly when belonging to one of the following cases:

a) The implementation of the program, the project, the non-project aid to the law that develops the activities that are detrimental to independence, sovereignty, unity, territorial integrity, national security, social safety order;

b) Not to conduct activities within the framework of the program, the project, the non-project aid on law within 24 months of continuity, since the date of the program, the project, the non-project aid on the law approved, unless the case is given jurisdiction to the law. All right

4. On the detection of a prescribed violation case at paragraph 2, 3 This, the Ministry of Justice petits the authority to approve the program, the project, the non-project aid to the suspended law, the suspension of the program, the project, the non-project aid.

5. The Minister of Justice rules the details of the sequence, the suspension of the suspended program, the suspension of the program, the project, the non-project aid on the law.

Chapter V.

THE RESPONSIBILITY OF THE AGENCY, THE ORGANIZATION IN

INTERNATIONAL COOPERATION MANAGEMENT

What? 19. Justice Department Responsibility

The Ministry of Justice helps the Government to unify the state in terms of international cooperation on law, with the following specific duties and powers:

1. The editor of the drafting process, the state agency has the authority to enact or enact under the jurisdiction of the statutes of the law of international cooperation on the law.

2. Set up and maintain the activities of the Law Partnership Group.

3. Judge, for opinion on the draft of the program document, project legal cooperation project.

4. Proclamation, disseminalization of the law on international cooperation on law.

5. Watch, foreman, inspect, inspect the implementation of international cooperation on the law; presiding over the organization of the organization of the League of Nations inspection of the implementation of international cooperation on the law.

6. annually report the Prime Minister of the situation to implement international cooperation on legislation within the country.

7. Other duties, other powers according to the rule of law.

What? 20. The responsibility of the Ministry of Planning and Investment

The Ministry of Planning and Investment in coordination with the Ministry of Justice of the State for International cooperation on law, there are missions, the following powers:

1. Recommend the Ministry of Justice and the agencies involved in consultation with the Programme Project, which projects the legal cooperation in the portfolio of funding under the Prime Minister's approved jurisdiction.

2. Ask the governing body to take the advice of the Ministry of Justice 's jurisdiction over the program document, the project under the approval of the Prime Minister' s approval before the Prime Minister approx the approval.

3. Join the interdisciplinary inspection team at the recommendation of the Ministry of Justice.

4. Other duties, other powers according to the rule of law.

What? 21. Ministry of Public Security

The Ministry of Public Security coordinates with the Ministry of Justice, the relevant agencies governing international cooperation on the law, which has the following duties, the following powers:

1. Attend to the appraisal, for opinion on the program document, the project to cooperate law and ensure the security of order in the process of international cooperation on the law by the rule of law.

2. Participate in the interdisciplinary inspection at the recommendation of the Ministry of Justice.

3. The duties, other powers according to the rule of law.

What? 22. Foreign Ministry responsibility

The Ministry of Foreign Affairs is responsible for coordinating with the Ministry of Justice, the relevant agencies governing international cooperation on law, which has the following duties, powers:

1. Participate in the ODA campaign, which loans preferable and foreign non-governmental aid in the field of law.

2. Participate in the interdisciplinary inspection at the recommendation of the Ministry of Justice.

3. The duties, other powers according to the rule of law.

What? 23. The responsibility of the Union of Vietnamese Friendship organizations

1. Do the duties, the powers in the management of international cooperation on law that use foreign non-governmental aid in accordance with the provisions of the law on management and use of foreign non-governmental aid.

2. Host, in coordination with the Ministry of Justice, Ministry, peer agency, Provincial People ' s Committee and agencies, the organization is concerned with the advocacy of non-foreign government aid in law.

3. Join the interdisciplinary inspection team at the recommendation of the Ministry of Justice.

What? 24. Ministry responsibility, peer agency

1. In terms of tasks, the powers in international cooperation management on law that use ODA, the preferable equity of donors and foreign non-governmental aid in accordance with the provisions of the law on management, use of ODA, the preferable borrower of the donors. Foreign government assistance and aid.

2. Overall, evaluation, examination of the implementation of international cooperation on the law within the scope of the Ministry, the industry according to the provisions of this decree and the relevant law regulations.

What? 25. The responsibility of the Provincial People ' s Commission

1. The Provincial People ' s Committee manages international cooperation on local law, which has the following duties, the following powers:

a) For tasks, the powers in the management of the program, the project legalization project using the source of ODA, the preferable source of funding of donors and foreign non-governmental aid to the local government in accordance with the law of management, use. the ODA, the preferable borrower of foreign government donors and aid;

b) Organization of advocacy under jurisdiction or support for the advocacy of ODA, the source of preferable loans of donors and non-foreign government aid to the local law when the Ministry of Justice is recommended;

c) Overall, evaluation, examination of the implementation of international cooperation on local law in accordance with the rule of law.

2. The Department of Justice is responsible for helping the People ' s Provincial Committee to manage the state for international cooperation on local law.

What? 26. The responsibility of the governing body

1. To the Ministry of Justice to participate in the opinion on the Program Proposal, the project to contract the law in the Approved Jurisdiction of the governing body of the governing body under the stipulation at Article 6 of this decree.

2. To the Department of Appraisal, for the opinion on the program document, the statutory legal cooperation project in accordance with Article 7 of this decree.

3. Appropriate programs, projects, non-project aid to law by jurisdiction.

4. Managing the execution, monitoring, evaluation of the program, project, non-project aid on the law by regulation at this decree and the relevant law regulations.

5. publicly, transparent and responsible for effective use of ODA, preferable borrowing, foreign government aid; efficiency and progress of international cooperation on law by itself directly governing and implementing.

6. implement state secret protection regulations, regulations on information, propaganda during international co-operation on law.

7. Share the information, the results of international cooperation on the statutory law at Article 14 of this decree.

8. Full implementation of the statutory reporting regime at Article 16 of this Decree and the relevant law regulations.

9. Do other duties, other powers according to the rule of law.

Chapter VI

EXECUTION CLAUSE

What? 27.

This decree has the enforcement effect since March 1, 2015 and replaces the Protocol No. 1. 78 /2008/NĐ-CP July 17, 2008 by the Government on the management of cooperation with foreign law.

What? 28.

The ministers, the Prime Minister, the Head of the Government, the Chairman of the Government, the Chairman of the Provincial People's Committee, the Central Committee of the Central Committee, the agencies, the relevant organization responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung