Law on Legal Assistance 2007

This Law prescribes the principles, competence, order and procedures for the provision of legal assistance in civil and criminal matters, extradition and transfer of persons who are serving imprisonment sentences between Vietnam and foreign countries; and responsibilities of Vietnamese state agencies in legal assistance.

LAW

ON LEGAL ASSISTANCE
(Law No. 08/2007/QH12)

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented in a number of articles under Resolution No. 51/2001/QH10;
The National Assembly promulgates the Law on Legal Assistance.

Chapter I

GENERAL PROVISIONS

Article 1. Governing scope

This Law prescribes the principles, competence, order and procedures for the provision of legal assistance in civil and criminal matters, extradition and transfer of persons who are serving imprisonment sentences between Vietnam and foreign countries; and responsibilities of Vietnamese state agencies in legal assistance.

Article 2. Subjects of application

This Law applies to Vietnamese agencies, organizations and individuals and foreign agencies, organizations and individuals engaged in legal assistance activities with Vietnam.

Article 3. Application of law

1. Legal assistance complies with the provisions of this Law; in case this Law does not prescribe it, the provisions of civil procedure law, criminal procedure law and other relevant provisions of Vietnamese law prevail.

2. The application of foreign laws shall be effected only under the provisions of treaties to which Vietnam is a contracting party.

Article 4. Legal assistance principles

1. Legal assistance is provided on the principles of respect for independence, sovereignty and territorial integrity, non-interference into internal affairs of each other, equality and mutual benefit, compliance with Vietnams Constitution and law and with treaties to which Vietnam is a contracting party.

2. Where there exist no treaties on legal assistance between Vietnam and foreign countries, legal assistance activities follow the principle of reciprocity which, however, do not contravene Vietnamese law and conform to international law and practice.

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Chapter VII

IMPLEMENTATION PROVISIONS

Article 71. Implementation effect

This Law takes effect on July 1, 2008.

Article 72. Implementation guidance

The Government and the Supreme Peoples Procuracy shall detail and guide the implementation of this Law.

This Law was passed on November 21, 2007, by the XII^th National Assembly of the Socialist Republic of Vietnam at its second session.