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The Department of International Law
In accordance with Minister
of Justice’s Decision No. 956/QD-BTP of April 26th, 2018 defining
the functions, tasks, powers and organizational structures of the Department of
International Law, the Department of International Law has the following functions,
tasks, powers and organizational structures:
I. Positions and functions:
The Department of International Law is an unit of the
Ministry of Justice, with the functions of advising and assisting the Minister
with drafting or participating in the drafting, commenting and appraising
process of treaty, international agreement, legal normative document proposal
and draft relating to international law in accordance with law; participating
in international dispute resolution in accordance with law; state
administration regarding mutual legal assistance.
II. Tasks and powers:
The Department of
International Law (hereinafter referred to as the Department) has the following
tasks and powers:
1. Drafting and submitting
the Department’s long term, five-year and annual work plans to the Minister;
participating in drafting long term, five-year and annual strategies, schemes
and plans of the legal branch.
2. Researching, proposing
strategic issues and solutions, projects to formulate and complete Vietnam
legal system for the purpose of consistency between domestic legal system and
treaties of which Vietnam is a member.
3. Leading or participating
in the drafting, negotiating, appraising, commenting on treaties, international
agreements, international loan agreements on behalf of the State and
Government; other treaties, official development assistance (ODA) (except
treaties, international agreements regarding foreign legal assistance, general
cooperative relationships between Vietnam and other countries and international
organizations).
4. Leading in carrying out
the Ministry’s role as contact point for treaty related matters; leading and
working with other units of the Ministry in implementing treaties within the
Ministry’s scope of State administration (except for treaties regarding
adoption, foreign legal assistance, general cooperative relationships between
Vietnam and other countries and international organizations or other treaties
assigned by the Minister to other units within the Ministry).
5. Submitting to the
Minister legal opinions for concessional loans and official development
assistance agreements; loan agreements on behalf of the State, the Government
or the Ministry of Finance; Government Guarantee Undertakings; international
issuance of Government’s bond agreements.
6. Leading or participating
in formulating, commenting, appraising proposals for legal normative documents
projects and drafts, strategies, schemes and programs relating to international
law (in accordance with the Annex attached to this Decision) and other legal
normative documents proposals, projects and drafts.
7. Organizing the
implementation of strategies, schemes, plans, programs, legal normative
documents proposals, projects and drafts within the Department’s scope of
responsibilities.
8. Reviewing, systemizing
and consolidating legal normative documents and codifying the system of legal
norms within the Department’s scope of responsibilities.
9. In respect of private
international law:
a) Assisting the Minister
with the Ministry of Justice’s task as the National Agency working with the
Member States and Permanent Agencies of the Hague Conference regarding private
international law and other conventions for which the Department is the contact
point;
b) Assisting the Minister
with the Ministry of Justice’s task as National Contact Point Agency for the
implementation of New York Convention 1958 on Recognition and Enforcement of
Foreign Arbitral Awards.
c) Leading and cooperating
to handle matters relating to recognition and enforcement of foreign court
awards and judgments, foreign arbitral awards in accordance with law;
d) Leading in handling
matters within the Ministry’s scope of responsibilities regarding to the
application of law to civil relationships with foreign elements under the Civil
Code 2015.
10. In respect of public
international law and human rights:
a) Assisting the Minister
with Ministry’s task as contact point for the International Covenant on Civil
and Political Rights 1966;
b) Acting as the Ministry’s
contact point for public international law and human rights matters;
c) Handling and commenting
on international law issues relating to the protection of national borders and
international human rights within the Ministry’s scope of responsibilities.
d) Participating in dispute
settlement process for cases relating to public international law and human
rights in accordance with law and as assigned by the Minister.
11. In respect of investment
law with foreign elements and international investment dispute settlement:
a) Negotiating and
commenting on public private partnership contracts (PPP contracts), business
cooperation contracts (BBC contracts) involving state agencies and investment
projects with foreign elements, oil and petrol contracts and projects in
accordance with law;
b) Handling issues relating
to PPP projects, investment projects with foreign elements, oil and petrol
projects;
c) Leading in providing
legal opinions for investment projects with foreign elements under the form of
public private partnership (PPP) and, in exceptional cases, as assigned by the
Government or the Prime Minister;
d) Assisting the Minister
with international investment dispute prevention and settlement works and
participating in international investment dispute settlement on behalf of the
Government.
12. In respect of
international trade:
a) Acting as the Ministry’s
focal point for legal matters relating to Vietnam’s rights and obligations
according to the rules of World Trade Organization (WTO), Association of
South-East Asian Nations (ASEAN), Asia-Pacific Economic Cooperation (APEC) and
other international trade organizations and institutions;
b) Administering and
proposing the Ministry of Justice’s representative at Vietnam Permanent Mission
at United Nation, WTO and other international organizations in Genève,
Switzerland;
c) Participating in
international trade dispute settlement process.
13. In respect of mutual
legal assistance:
a) Assisting the Minister
with the Ministry of Justice’s task of State administration of mutual legal
assistance activities in accordance with law;
b) Handling judicial
entrustment for civil matters within the Ministry’s responsibilities and
monitoring, supervising judicial entrustment works of local justice
agencies; providing technical assistance
and training for mutual legal assistance works in accordance with law;
c) Communicating with
authorized foreign agencies about mutual legal assistance law and practices in
accordance with treaties of which Vietnam is a member;
d) Developing and managing
legal database, summarizing and reporting mutual legal assistance works in
accordance with law.
14. Reviewing and evaluating
the compatibility between domestic law and international agreements during
accession to improve Vietnam legal system.
15. Handling and commenting
on international law issues within the Ministry’s responsibilities relating to
national sovereignty, international integration and legitimate rights and
obligations of individuals and organizations.
16. Carrying out
administrative reform actions within the scope of responsibilities and as
assigned by the Minister.
17. Proposing participation
or accession to organizations, forums, conferences and international law
activities within the Department’s responsibilities.
18. Other tasks
a) Monitoring the
implementation of law and commenting on the application of law within the
Department’s responsibilities;
b) Researching, providing
education and training activities for public officials; disseminating and
educating law within the Department’s responsibilities and as assigned by the
Ministry; applying legal researches to legal, administrative and judicial reforms within the Department’s
responsibilities;
c) Conducting interim and
final reviews, listing and reporting about areas and tasks within the
Department’s scope of responsibilities;
d) Examining and inspecting
the implementation of legal rules within the Department’s scope of
responsibilities; settling complaints and denunciations in accordance with law
and as delegated by the Ministry;
e) Applying information
technologies to areas within the Department’s responsibilities;
f) Conducting competition
and rewarding activities, managing public officials and assets in accordance
with law and as delegated by the Ministry;
g) Conducting international
cooperation activities within the Department’s scope of responsibilities in
accordance with law and as delegated by the Ministry;
h) Carrying out other task
as assigned by the Minister.
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