Judicial assistance activities between Vietnam and other countries have taken place quite early, mainly on the basis of documents of Ministries, branches and law enforcement agencies. Due to the development of relations between Vietnam and other countries, especially the development of labor relations, due to the development needs of our country in new conditions after 1975 and to protect the interests. of the State, the legitimate rights and interests of Vietnamese agencies, organizations and individuals in foreign countries, as well as foreign agencies, organizations and individuals in Vietnam, since 1980, Vietnam has signed ratify some Mutual Legal Assistance Agreements with a number of countries concerned. In addition, many other international treaties that Vietnam is a member also set the rules of judicial assistance between the signatory countries on various issues ranging from civil affairs, trade and investment It is about the fight against international terrorism, transnational organized crime and other global issues. In addition, there is a growing need for judicial assistance, many of which have arisen in relations with countries where Viet Nam has not yet signed a Mutual Legal Assistance Agreement or has not entered into any agreements. , relevant international commitments need to be addressed.
In the context of international economic integration, as well as the development and improvement of the legal system for the transition to a market economy, the improvement of the law International judicial assistance is considered to be an effective guarantee in the cooperation mechanism of states to deal with issues arising in relation to the operation of courts and judiciary bodies in construction conditions. Building the rule of law. This policy was confirmed in the resolution of the 8th Conference of the Communist Party of Vietnam Central Committee VII (Central Resolution 8), it is necessary to "continue to consolidate and enhance activities Judicial cooperation between Vietnam and other countries in the new era must broaden international relations on judicial assistance, on crime prevention and combat and social evils. "
In order to protect the interests of the State and the legitimate rights and interests of Vietnamese agencies, organizations and citizens in foreign countries as well as in the country, to better serve the international integration process, Resolution No. 48 / NQ-TW dated 24 May 2005 of the Politburo on the Strategy for the Development and Improvement of the Vietnamese Legal System to 2010 with orientation to 2020 emphasizing judicial assistance and the requirements To soon promulgate this Law with the following reasons:
Firstly, the domestic legal system for judicial assistance is inadequate and incomprehensible in many different legal documents.
The Civil Procedure Code 2004 set aside 1 Chapter - Chapter XXXVI providing for legal assistance in civil proceedings, including 5 articles (from Article 414 to Article 418), which provides for the basic principles of mutual assistance. judicial in civil proceedings; on judicial entrustment and procedures for judicial entrustment.
Part VIII - International Cooperation - 2 Chapters, Chapter XXXVI - Provisions on International Cooperation in Criminal Procedures and Chapter XXXVII - Extinction and To transfer dossiers, documents and material evidences of criminal cases involving foreign elements.
Inter-Ministerial Circular No. 139 / TT-LB of March 12, 1984 of the Ministry of Justice, the Supreme People's Procuracy, the Supreme People's Court and the Ministry of the Interior. legal and legal assistance on civil, family and criminal matters signed between our country and the Soviet Union and socialist countries; Circular No. 163 / HTQT of March 25, 1993 of the Ministry of Justice guiding the implementation of judicial mandate by foreign courts.
However, the above-mentioned documents are only some general provisions on some issues of mutual legal assistance, not specifically regulating the order and procedures for the implementation of specific legal assistance requirements. , especially the provisions on judicial assistance related to the transfer of persons sentenced to imprisonment between Vietnam and other countries. There are no specific regulations on coordination mechanisms among ministries and branches in the handling and settlement of judicial assistance issues. Therefore, in the past, the implementation of one The number of legal assistance activities has encountered many difficulties and obstacles; Many requests for legal assistance from Vietnam sent abroad as well as from abroad sent to domestic agencies are very slow to be solved due to many steps and lack of coordination mechanism. The translation of the mandate also encountered many difficulties because there is no specific provisions on translation responsibility and funding.
Secondly, the system of treaties to which Vietnam is a member or Vietnam is considering participation in judicial assistance is often complex, based on international practices or agreements. Sample of the United Nations. Therefore, it is difficult to refer to domestic law to deal with specific issues if our laws are incomplete or incompatible with the provisions of international treaties.