Request for issuance of legal opinionThe Government has just issued Decree No. 51/2015/ND-CP on issuance of legal opinion. This Decree provides for the principles and scope of, and order and procedures for issuance of legal opinion, basic contents of legal opinion issued by the Ministry of Justice, and responsibilities of related agencies and organizations.
The Ministry of Justice shall consider issuing legal opinion to the following documents in which the State, the Government or a state agency is a party:
1. Treaties on official development assistance (ODA) loans and concessional loans; and other relevant documents in which the State, the Government or a state agency is a party (if any).
2. Loan agreements in the name of the State, the Government or the Ministry of Finance.
3. Government guarantee documents for government-guaranteed loans or documents on issuance of government-guaranteed international bonds.
4. Agreements on issuance of international bonds of the Government.
5. Investment projects in the form of public-private partnership (PPP) (including project contract, government guarantee document (if any), land lease contract and other documents related to the projects in which the State, the Government or a state agency is a party).
6. Other special cases as assigned by the Government or the Prime Minister.
Basic contents of legal opinion include: Conditions, situation and necessary presumption for clarifying the purpose and scope of the legal opinion; Assessment of the legal status of the Vietnamese party in the signing or issuance of the document; Assessment of the competence of the Vietnamese party to sign or issue the document; Assessment of compliance with Vietnamese law on procedures for negotiation, signing and issuance of documents; Use purpose of the legal opinion and provision of the legal opinion for other organizations and individuals.
A dossier of request for issuance of legal opinion for a treaty on ODA loans or concessional loans must comprise:
a/ A written request (the original) for issuance of legal opinion addressed to the Ministry of Justice;
b/ The signed treaty (the original or a copy);
c/ The written approval (the original or a copy) of the policy on negotiation and signing of the treaty on ODA loans or concessional loans;
d/ The written authorization (the original or a copy) (if any) for negotiation and signing of the treaty;
dd/ The written approval (the original or a copy) (if any) of the Government, for treaties of governmental level, or the written ratification of the President or the National Assembly, for treaties of state or governmental level;
e/ The written assessment (the original) of the lawfulness of the document that needs legal opinion, issued by the requesting agency or organization;
g/ Other necessary documents for the issuance of legal opinion;
h/ The Vietnamese translations of the above documents if they are made in a foreign language.
If the content of the dossier of request for issuance of legal opinion is not compliant with the law effective at the time the dossier is submitted, the Ministry of Justice shall send to the requesting agency or organization a written request for modifying and clarifying the dossier within 5 working days from the date it receives the complete dossier. If the content of the dossier of request for issuance of legal opinion is complicated, the deadline for modifying or clarifying the dossier may be extended up to 15 days from the date of receipt of the complete dossier.
Responsibilities of the Ministry of Justice for considering requests for issuance of legal opinion: To ensure that the content of the legal opinion is compliant with regulations effective at the time the legal opinion is issued; If refusing to issue legal opinion, to send a notice thereof clearly stating the reason to the requesting agency or organization.
This Decree takes effect on July 15, 2015.
Request for issuance of legal opinion
17/11/2016
The Government has just issued Decree No. 51/2015/ND-CP on issuance of legal opinion. This Decree provides for the principles and scope of, and order and procedures for issuance of legal opinion, basic contents of legal opinion issued by the Ministry of Justice, and responsibilities of related agencies and organizations.
The Ministry of Justice shall consider issuing legal opinion to the following documents in which the State, the Government or a state agency is a party:
1. Treaties on official development assistance (ODA) loans and concessional loans; and other relevant documents in which the State, the Government or a state agency is a party (if any).
2. Loan agreements in the name of the State, the Government or the Ministry of Finance.
3. Government guarantee documents for government-guaranteed loans or documents on issuance of government-guaranteed international bonds.
4. Agreements on issuance of international bonds of the Government.
5. Investment projects in the form of public-private partnership (PPP) (including project contract, government guarantee document (if any), land lease contract and other documents related to the projects in which the State, the Government or a state agency is a party).
6. Other special cases as assigned by the Government or the Prime Minister.
Basic contents of legal opinion include: Conditions, situation and necessary presumption for clarifying the purpose and scope of the legal opinion; Assessment of the legal status of the Vietnamese party in the signing or issuance of the document; Assessment of the competence of the Vietnamese party to sign or issue the document; Assessment of compliance with Vietnamese law on procedures for negotiation, signing and issuance of documents; Use purpose of the legal opinion and provision of the legal opinion for other organizations and individuals.
A dossier of request for issuance of legal opinion for a treaty on ODA loans or concessional loans must comprise:
a/ A written request (the original) for issuance of legal opinion addressed to the Ministry of Justice;
b/ The signed treaty (the original or a copy);
c/ The written approval (the original or a copy) of the policy on negotiation and signing of the treaty on ODA loans or concessional loans;
d/ The written authorization (the original or a copy) (if any) for negotiation and signing of the treaty;
dd/ The written approval (the original or a copy) (if any) of the Government, for treaties of governmental level, or the written ratification of the President or the National Assembly, for treaties of state or governmental level;
e/ The written assessment (the original) of the lawfulness of the document that needs legal opinion, issued by the requesting agency or organization;
g/ Other necessary documents for the issuance of legal opinion;
h/ The Vietnamese translations of the above documents if they are made in a foreign language.
If the content of the dossier of request for issuance of legal opinion is not compliant with the law effective at the time the dossier is submitted, the Ministry of Justice shall send to the requesting agency or organization a written request for modifying and clarifying the dossier within 5 working days from the date it receives the complete dossier. If the content of the dossier of request for issuance of legal opinion is complicated, the deadline for modifying or clarifying the dossier may be extended up to 15 days from the date of receipt of the complete dossier.
Responsibilities of the Ministry of Justice for considering requests for issuance of legal opinion: To ensure that the content of the legal opinion is compliant with regulations effective at the time the legal opinion is issued; If refusing to issue legal opinion, to send a notice thereof clearly stating the reason to the requesting agency or organization.
This Decree takes effect on July 15, 2015.