Decree No.92/2008/ND-CP Detailing and Guiding Implementation of Articles of Law on Legal Assistance

DECREE

DETAILING AND GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LAW ON LEGAL ASSISTANCE

THE GOVERNMENT

Pursuant to the December 25. 2001 Law on Organization of the Government:

Pursuant to the November 21, 2007 Law on Legal Assistance;

Pursuant to the August 2S. 2001 Ordinance on Charges and Fees;

At the proposal of the Minister of Justice,

DECREES:

Article 1.- Scope of regulation

This Decree details and guides the implementation of a number of articles of the Law on Legal Assistance on expenses for performance of legal mandates specified in Articles 16, 31, 48 and 60; reporting and notification of legal assistance activities specified in Articles 61 through 70, and the Justice Ministry's tasks and powers in performing the unified state management of legal assistance activities specified in Article 62 of the Law on Legal Assistance.

Article 2.- Principles for payment of expenses for provision of legal assistance

1. Expenses for provision of legal assistance in civil or criminal cases and matters, extradition and transfer of imprisoned persons between Vietnam and foreign countries will be paid by requesting countries, unless otherwise agreed by involved parties.

The phrase "otherwise agreed" in Clause 1, Article 16, Article 31. Article 48 and Article 60 of the Law on Legal Assistance refers to treaties as defined in the Law on Conclusion. Accession and Implementation of Treaties or international agreements as defined in the Ordinance on Conclusion and Implementation of International

Agreements.

2. In case Vietnam and a foreign country have not concluded a relevant treaty or agreement mentioned in Clause 1 of this Article, expenses for the provision of legal assistance between them will be paid on the principle of reciprocity.

3. Vietnamese individuals and organizations that request competent state agencies of Vietnam to settle civil cases or matters which give rise to requests for legal mandates overseas (below referred id as requesters) shall pay expenses for the performance of civil legal mandates, except individuals eligible for expense supports under Article 4 of this Decree.

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Article 10.- Implementation provisions

1. This Decree takes effect 15 days after its publication in "CONG BAO."

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial/municipal People's Committees shall implement this Decree.