Continuing the 9th Session, on the afternoon of May 26, Minister of Justice Nguyen Hai Ninh presented to the National Assembly the draft Law on mutualal Legal Assistance for Civil Matters.
Comprehensively overcoming practical limitations
Presenting the Law Project, Minister of Justice Nguyen Hai Ninh stated that, regarding the scope of regulation and subjects of application, the draft law stipulates principles, authority, order, and procedures for implementing civil judicial assistance, the responsibilities of Vietnamese state agencies in this activity and applies to Vietnamese and foreign agencies, organizations, and individuals related to civil judicial assistance activities with Vietnam.
The law project is built on the basis of inheriting the provisions of the current Law on Judicial Assistance and ensuring the concretization of the approved law development policies; Institutionalizing the Party's guidelines and policies and the State's policies on international integration, legal and judicial reform, building a rule -of -law state, ensuring human rights in the field of judiciary;
Comprehensively overcome the limitations and shortcomings of the practice of civil judicial assistance; promote the application of digital technology; closely follow the instructions of the leaders of the Party, National Assembly, and Government on innovation in thinking in law-making and implementation.
The draft consists of 4 chapters and 36 articles, including many new contents, such as: application of information technology in receiving and transferring documents; stipulating conditions for applying foreign law without international treaties; exemption from consular legalization in some cases...
According to Minister of Justice Nguyen Hai Ninh, these new regulations are expected to contribute to reducing administrative procedures, improving the effectiveness of international cooperation and creating favorable conditions for related organizations and individuals.
Specific regulations on requests for mutual legal aid in the field of bankruptcy
Reviewing the above bill, Chairman of the Law and Justice Committee Hoang Thanh Tung said that the committee approved the necessity of promulgating the Law on mutualalal Legal Assistance on Civil Matters as submitted by the Government.
In addition, there are opinions that bankruptcy is not a civil case, not a civil matter, so it is recommended to specify the requirements for mutual legal aid in the field of bankruptcy implemented according to the law on mutual legal aid in civil matters, in order to have a legal basis for implementation.
Regarding the proposal to allow "public post office enterprises" to export documents from abroad, the Committee recommends careful consideration because this method has been relatively fully regulated by law and the implementation process has not had any major problems in the past.
Regarding the application of information technology, the committee highly appreciated this policy and suggested that it is necessary to specify in detail, ensuring the ability to connect, connect and secure data when deploying the Civil Judgmental mutual Information System in practice.
Regarding the application of foreign law, the Committee finds that the draft law adds provisions on the application of foreign law in cases where there are no international treaties or international treaties that do not stipulate it, which is necessary, creating favorable conditions for the settlement of cases, incidents and the execution of civil judgments.
However, the new draft law only stipulates that "the application of foreign law is not contrary to the principle of civil judicial assistance stipulated in Article 6 of this law". Meanwhile, according to current law, the application of foreign law must not be contrary to the basic principles of Vietnamese law.
"I request that the drafting agency continue reviewing relevant legal documents, including the Civil Code and the Civil Procedure Code to fully and closely regulate them, ensuring consistency in the legal system," said Chairman of the Law and Justice Committee Hoang Thanh Tung.
