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Decree 92/2008/nd-Cp: Detailing And Guiding The Implementation Of Some Articles Of The Law On Judicial Assistance

Original Language Title: Nghị định 92/2008/NĐ-CP: Quy định chi tiết và hướng dẫn thi hành một số điều của Luật Tương trợ tư pháp

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The DECREE detailing and guiding the implementation of some articles of the law on judicial assistance _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law on judicial assistance of 21 November 2007;
Basing the Ordinance on fees and charges on August 28, 2001;
Considering the recommendation of the Minister of Justice.
DECREE: article 1. Scope of this Decree, detailing and guiding the implementation of some articles of the law on judicial assistance costs made the judicial trustee rules in articles 16, 24, 48, 60; report mode, notice the judicial assistance activities from Articles 61 to 70 and the duties and powers of the Ministry of Justice in the administration of judicial assistance activities specified in article 62 of the law on judicial assistance.
Article 2. The principle of pay for judicial assistance 1. The cost of judicial assistance on civil, criminal, extradition and transfer of people are criminal in prison between Vietnam and foreign countries by water claims, unless a different agreement.
The term "other agreement" as defined in clause 1 article 16, article 31, article 48 and article 60 of the law on judicial assistance is international treaties according to the provisions of the law on signing, joining and implementing international treaties and international agreements under the provisions of the Ordinance on signing and implementing international agreements.
2. The case of Vietnam and foreign countries have yet to have the agreement specified in clause 1 of this article shall pay the costs of the judicial assistance is made on the basis of the principle of reciprocity.
3. The individual, organization, Vietnam asked the competent State agencies of Vietnam to resolve civil cases do arise requires authorization (hereinafter the applicant) must pay the cost of implementing authorization of, except the individual supported fees as defined in article 4 of this Decree.
Article 3. Manage and use the cost of judicial assistance on civil 1. Individuals, organizations are required to resolve civil cases that do arise requires authorization of offshore civil filing costs make authorization of civil provisions of Vietnam and the cost of implementing authorization on request of civil and foreign countries.
The cost of judicial assistance outlined in the Decree include the cost and the actual costs according to the provisions of the law.
2. The agency receiving records request about civil judicial assistance abroad are responsible for collecting the costs of judicial assistance in the water and notify individuals, organizations have listed in paragraph 1 of this article the cost of implementation of authorization at the request of foreign countries to make before applying abroad. In the event of actual costs incurred in the country, the agency receiving records made the interim currency for payment of expenses under the Bill, the actual documents in accordance with the law of Vietnam and relevant foreign law.
3. Individuals, organizations require authorization of Vietnam to pay for the cost of implementing authorization in accordance with the law of Vietnam. Receiver records requests made about civil judicial trustee is responsible for collecting costs make authorization.
4. The specific provisions about financial fees; mode, submission, management and use of the execution costs of civil judicial mandate.
Article 4. Support costs of implementing civil justice mandate 1. The population of Vietnam in the following subjects are made free of civil judicial trustee: a. poor people be free of civil judicial assistance is people in poverty according to the rule of law;
b. The revolutionary activities before the uprising 19 August 1945;
c. mother Vietnam heroes;
d. the armed forces hero, hero of labor;
sync the wounded, people enjoy the policy as invalids;
e. Ill soldiers;
g. The resistance activity contaminated chemical toxins;
h. The revolutionary activities, active resistance, captured enemy equipment;
i. The activities of national liberation resistance, protect the homeland and make international obligations;
k. people helping the revolution;
l. father, mother, spouse of martyr; children of martyrs not enough 18 years; people feeding the martyr;
m. older people be free of civil judicial assistance is enough people from 60 years of celibacy or no refuge;
n. disabled people be free of civil judicial assistance is the defective one or more organs or function expression under the form of different disabilities, degrade operational capability, making labor, living, learning difficulties or who is infected with chemical toxins , HIV infection or other diseases do lose the capacity for civil acts which have no refuge;
o. children are free of judicial assistance is people under 16 years old are not helpless.
p. The minorities are free of judicial assistance on civil is the regularly living in regions with socio-economic conditions particularly difficult under the provisions of the law.
2. The population of Vietnam require free judicial assistance must submit certified copies and present the original proof is people belong to one of the objects was made free of the authorization provided for in paragraph 1 of this article to the agency receiving records requests made about trust.
Article 5. Ensure funding of State judicial assistance 1. The cost of the State in judicial assistance on civil, criminal, extradition and transfer of people are criminal in prison because the State budget guarantees.
2. the competent authorities implement judicial assistance on civil, criminal, extradition and transfer of the criminal in prison who are responsible for estimating the expense of the State budget for judicial assistance activities in the field of management according to the provisions of the law on the State budget and related documents.
3. The Ministry of finance is responsible for guiding the estimating, management, use and payment of funds for the State budget provided for judicial assistance activities.
Article 6. Duties and powers of the Ministry of Justice in judicial assistance activities the Department of Justice helps the Government to unify the management of the State on judicial assistance activities have the following powers and duties: 1. Hosted, in cooperation with the Supreme People's Court, the Supreme People's Procuratorate , Ministry of public security, the State Department and related agencies to build, the State Agency has the authority to enact legal texts on judicial assistance; issued under the authority of the legal text and text guiding the implementation of the legal texts in the field of judicial assistance; in coordination with the Supreme People's Court, the Supreme People's Procuratorate, Ministry of public security, Ministry of Foreign Affairs issued the legal text guide to contact President judicial assistance activities.
2. Coordination with the Agency proposed the signing of international treaties on judicial assistance to build long-term plans and annual plans on signing, joining and implementing international treaties on judicial assistance as defined in articles 63, 64, 65 and 66 of the law on judicial assistance; chaired the negotiation of the Treaty of judicial assistance; in collaboration with the Ministry of public security, the Supreme People's Procuratorate and the authorities negotiated the Treaty on criminal judicial assistance, extradition, transfer of people are criminal in prison prescribed by law; the track, urging the implementation of the planned signing, joining international treaties on judicial assistance has been approved by the competent authority; chairing or coordinating with the Ministry of public security, the Supreme People's Procuratorate and the authorities plan to implement international treaties on judicial assistance the Government decision; the Organization made plans to implement international treaties on judicial assistance in civil sector; in coordination with the authorities made plans to implement international treaties on judicial assistance in the areas of criminal, extradition and transfer of people are criminal prisoners.
3. Hosted, in cooperation with the Supreme People's Court, the Supreme People's Procuratorate, Ministry of public security, Ministry of Foreign Affairs held the classes fostered domestic legislation, international treaties on judicial assistance, active guidance of the judicial assistance for implementation of judicial assistance activities.
4. Hosted, in cooperation with the authorities to build a database of the judicial assistance legislation.
5. the Chair, in cooperation with the Foreign Ministry and the Supreme People's Court held delegation checked the implementation of the authorization of the civil courts and the Vietnam representative offices abroad; in coordination with the Supreme People's Procuratorate, Ministry of public security and the Supreme People's Court examined the implementation of the request for judicial assistance on criminal, extradition and transfer of the criminal in prison who are aiming at the timely detection of the difficulties and obstacles in the process of implementing the provisions of the relevant laws.
6. the Chair, in cooperation with the Supreme People's Court, the Supreme People's Procuratorate, Ministry of public security, the Ministry of Foreign Affairs of the Organization of regular meetings to exchange information, discuss, decide on coordinated measures to resolve difficulties and problems in the implementation of judicial assistance.
7. Hosted, in cooperation with the authorities of the Government, the report on the activities of the judicial assistance every year according to the provisions of the law on judicial assistance.
Article 7. Notice of implementation of judicial assistance activities 1. The latest was on June 30 and December 31 of every year, the Supreme People's Court, the Supreme People's Procuratorate, Ministry of public security, Ministry of Foreign Affairs notified the Ministry of Justice on the implementation of the judicial assistance activities in the field of their jurisdiction under the provisions of Article 63 , 64, 65, 66 and 67 of the law on judicial assistance.
2. The notice of the Supreme People's Court, the Supreme People's Procuratorate, Ministry of public security, Ministry of Foreign Affairs sent the Ministry of Justice has the following major contents: a. General evaluation of the situation of judicial assistance activities in assigned areas;

b. evaluate the effectiveness of the coordination between the bodies concerned in the implementation of judicial assistance;
c. evaluation of the implementation of the principle of reciprocity;
d. recommendations on the coordination between the bodies concerned in the implementation of judicial assistance activities;
sync on additional amendments or new legal text enacting the law on judicial assistance and the need for signing, joining international treaties related to judicial assistance.
Accompanied by notice require the table situation general judicial assistance of ministries according to the appendix attached to this Decree.
Article 8. The Government report, the Congress on the activities of the judicial assistance 1. After receiving the notice of the relevant provisions of article 7 of this Decree, the Ministry of Justice is responsible for the synthesis of that notification and reporting the Government on judicial assistance activities as specified in paragraph 5 to article 62 of the law on judicial assistance.
2. The report on the situation of the judicial assistance activity of the Ministry of Justice prescribed in paragraph 1 of this article added the Government before 31 January of the year following the reporting year. Report of the Ministry of Justice sent the Government must attach a notice of the ministries concerned in accordance with article 7 of this Decree.
3. In the case of the National Assembly requested a report on the implementation of the legislation in the field of judicial assistance, the Ministry of Justice is responsible, in coordination with the Office of the Government, the Supreme People's Court, the Supreme People's Procuratorate, Ministry of public security, Ministry of Foreign Affairs building government report submitted to the National Assembly.
Article 9. Interdisciplinary periodical meeting of the Ministry of Justice is responsible for organizing six months and every year to report on the situation and discuss the issue of coordination between the ministries.
Article 10. Terms of implementation 1. The Decree has effect after 15 days from the date The report.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the city of centrally implement this Decree.