Full and strict regulations on conditions for applying foreign laws

Minister of Justice Nguyen Hai Ninh presented a report on the draft Law on Mutual Legal Assistance in Civil Matters. Photo: QUANG PHUC

On the afternoon of May 26, the National Assembly worked at Dien Hong Hall, listening to the presentation and report on the examination of the draft Law on Judicial Assistance in Civil Matters.

Presenting a report on this issue, Minister of Justice Nguyen Hai Ninh said that the draft law was built on the basis of inheriting the provisions of the current Law on Judicial Assistance (2007) and ensuring the concretization of approved law-making 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, and ensuring human rights in the judicial field.

“The draft law also comprehensively overcomes the limitations and shortcomings of the practice of judicial assistance in civil matters; promotes the application of digital technology ; closely follows the direction of the Party, National Assembly and Government leaders on innovation in thinking in law-making work,” Mr. Nguyen Hai Ninh affirmed.

Presenting his review opinion, Chairman of the Law and Justice Committee Hoang Thanh Tung stated that the content of the draft law is consistent with the Party's policies and guidelines, meets the requirements of innovative thinking in law-making, and ensures constitutionality and compatibility with relevant international treaties to which Vietnam is a member.

TÙNG.jpg — Chairman of the Law and Justice Committee Hoang Thanh Tung. Photo: QUANG PHUC

However, the committee recommends that the drafting agency continue to study, review and revise the provisions of the draft law to be consistent with the three other draft laws that were also separated from the current law (2007); closely follow the content of amendments and supplements to a number of articles of the 2013 Constitution, the laws considered and approved by the National Assembly at the 9th session and related laws to ensure constitutionality and consistency in the legal system.

Basically agreeing with the scope of regulation and subjects of application of the draft law, however, regarding the conditions for applying foreign law, the examining agency noted that the draft law only stipulates the conditions for applying foreign law that do not contravene the principles of judicial assistance in civil matters, while according to the provisions of the Civil Code, the application of foreign law must not contravene the basic principles of Vietnamese law. "It is recommended to continue reviewing relevant legal documents, including the Civil Code, to fully and strictly stipulate the conditions for applying foreign law."

It is recommended to consider expanding the subjects with the authority to request civil judicial assistance to ensure feasibility and consistency in the legal system, while avoiding duplication of functions and tasks of agencies in judicial activities and civil judgment enforcement.
- Excerpt from the review report of the Committee on Law and Justice -

Regarding Vietnam's authority to request civil judicial assistance, the Law and Justice Committee agrees to inherit the current Law on Judicial Assistance, which stipulates that the People's Court, the People's Procuracy, and the civil enforcement agency are the competent authorities to request civil judicial assistance because there are basically no problems in implementation.

However, the committee recommends considering expanding the subject of “other competent agencies and persons as prescribed by Vietnamese law” to also have the authority to request civil judicial assistance to ensure feasibility and consistency in the legal system, while avoiding duplication of functions and tasks of agencies in judicial activities and civil judgment enforcement.

MR. PHUONG

Source: https://www.sggp.org.vn/quy-dinh-day-du-chat-che-ve-dieu-kien-ap-dung-phap-luat-nuoc-ngoai-post796847.html