Thông báo 1822/BNG-LPQT năm 2025 hiệu lực của Hiệp định Tài chính về Dự án Tăng cường pháp luật và tư pháp tại Việt Nam giai đoạn II (EU JULE II) giữa Việt Nam - Liên minh Châu Âu

BỘ NGOẠI GIAO
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CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM
Độc lập - Tự do - Hạnh phúc
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Số: 1822/BNG-LPQT

Hà Nội, ngày 03 tháng 4 năm 2025

TL. BỘ TRƯỞNG
KT. VỤ TRƯỞNG VỤ LUẬT PHÁP VÀ ĐIỀU ƯỚC QUỐC TẾ
PHÓ VỤ TRƯỞNG




Nguyễn Hữu Phú

For the Partner:




Nguyen Khanh Ngoc
Deputy Minister of Justice
Date: 31/12/2024

For the Commission:




Julien Guerrier
Head of EU Delegation to Vietnam
Date: 30/12/2024

1. Title CRIS/OPSYS business reference

Basic Act

EU Justice and Legal Empowerment Programme - Phase II (EU JULE - Phase II) OPSYS number: ACT-61299

Financed under the Neighbourhood, Development and International Cooperation Instrument (NDICI-Global Europe)

2. Team Europe Initiative

No

3. Zone benefiting from the action

The action shall be carried out in Viet Nam

4. Programming document

Multi-annual Indicative Programme 2021-2027 Viet Nam (MIP 2021 - 2027)

5. Link with relevant MIP(s) objectives / expected results

MIP Priority Area 3: Strengthening governance, the Rule of law and institutional reform Specific Objective 3.2: The rule of law and human rights improved.

PRIORITY AREAS AND SECTOR INFORMATION

6. Priority Area(s), sectors

Effective Governance, Rule of Law and Human Rights 150-151

7. Sustainable Development Goals (SDGs)

Main SDG: SDG Goal 16 - Targets 16.1, 16.2 & 16.3

SDG Goal 5 - Targets 5.1, 5.2 & 5.3

SDG Goal 8 - Targets 8.7, 8.8

8 a) DAC code(s)

150 Government and Civil Society

151 Legal and judicial development, Democratic participation and civil society, human rights.

8 b) Main Delivery Channel

40000

20000

9. Targets

□ Migration

□ Climate

 Social inclusion and Human Development

 Gender

□ Biodiversity

□ Education

 Human Rights, Democracy and Governance

10. Markers

(from DAC form)

General policy objective @

Not targeted

Significant objective

Principal objective

Participation development/good governance

□

□

Aid to environment @

□

□

Gender equality and women’s and girl’s empowerment

□

□

Trade development

□

□

Reproductive, maternal, new-born and child health

□

□

Disaster Risk Reduction

□

□

Inclusion of persons with Disabilities @

□

□

Nutrition @

□

□

RIO Convention markers

Not targeted

Significant objective

Principal objective

Biological diversity @

□

□

Combat desertification @

□

□

Climate change mitigation @

□

□

Climate change adaptation @

□

□

11. Internal markers and Tags

Policy objectives

Not targeted

Significant objective

Principal objective

Digitalisation @

□

□

YES

NO

  digital connectivity

□

  digital governance

□

  digital entrepreneurship

□

  digital skills/literacy

□

  digital services

□

Connectivity @

□

□

YES

NO

  digital connectivity

□

□

  energy

□

□

  transport

□

□

  health

□

□

  education and research

□

□

Migration @

(Methodology for tagging under development)

□

□

Reduction of Inequalities @

(Methodology for marker and tagging under development)

□

□

Covid-19

□

□

BUDGET INFORMATION

12. Amounts concerned

Budget line(s) (article, item): BGUE-B2022-14.020131-C1-INTPA

Total estimated cost: EUR 25 000 000

Total amount of EU budget contribution is EUR 25 000 000

MANAGEMENT AND IMPLEMENTATION

13. Type of financing[1]

Direct management through:

- Grants, including twinning grants

Indirect management with the entity selected in accordance with the criteria set out in section 3.1.1

This Project is proposed and developed aiming at supporting Vietnam’s legal and judicial agencies to better perform their functions and tasks in building and perfecting the legal system and legal implementing, especially in implementing Resolution No. 27-NQ/TW. Resolution No. 27-NQ/TW sets out the requirements and tasks of respecting and ensuring the implementation of international treaties to which Vietnam is a member, and internalize international treaties to which Vietnam is a member. At the same time, Resolution No. 27-NQ/TW sets out requirements for Consulting international experience in implementing the tasks of building a rule-of-law state and building a team of officials to meet the requirements of international integration.

This Action contributes to the implementation of Priority 3 of the Multiannual Indicative Program (MIP) (Strengthening governance, rule of law and institutional reform) and Objective 3.2 (Rule of law and human rights are improved) of the European Union. In the justice sector in Viet Nam, the EU is the largest (and one of the few) development partner and a partner of reference; therefore, the design of this Action is informed by the gained experience in this sector. The project also aims to promote EU priorities set out in the EU Gender Action Plan (GAP) III[2], which includes protecting vulnerable people from all forms of gender-based violence whether in public and private, in the workplace and online through effective legal systems and law enforcement. Member States unanimously support the EU’s continued support in this area and remain ready to further share EU best practices and expertise with Vietnam.

The Overall Objective: Improve rule of law and protect rights for all people by strengthening capacities of relevant stakeholders in line with Resolution No. 27-NQ/TW and Vietnamese laws and Constitution.

The Specific Objectives (Outcomes) of this action are to:

Outcome 1: Enhanced access for all people to an increasingly qualified, transparent, more inclusive, and independent justice system in line with international human rights standards to which Vietnam is a member.

Outcome 2: Strengthened capacities for legal and judicial agencies for the respect, protection, and realization of human rights consistent with international standards on human rights that Viet Nam has committed to and Viet Nam's specific conditions and circumstances.

Those outcomes will contribute to achieving SDG 16 (Promote just, peaceful, and inclusive societies), SDG 5 (gender equality), and SDG 17 (Partnerships).

In addition, these outcomes shall help Vietnamese judicial agencies to better perform their tasks and build the state rule of law in line with the Resolution No. 27-NQ/TW through providing technical assistance. Through this Project, and inheriting the results of the EU JULE Project, the EU’s support will contribute to sustaining the results of the EU JULE Project that have been implemented by Vietnamese agencies and organizations in the past, addressing challenges in enhancing the effectiveness and efficiency of judicial and legal agencies, and providing better legal and judicial services for people to meet the requirements of access to a transparent and synchronous legal system, minimizing compliance costs and in accordance with relevant international commitments to which Vietnam is a member.

The project will be implemented in accordance with Vietnam's principles in international judiciary and legal cooperation in line with Decree 26/2024/ND-CP dated 1st of March 2024 and based on a people-centered approach to ensure people’s ownership, uphold the Constitution and the law, respect, ensure and protect human rights, citizen rights, promote and protect the rights of vulnerable groups (women, children, people with disabilities, etc.), enhance different forms of access to law, legal support and dispute resolution in the community.

Through a gender equality-based and people-centered approach, people, especially vulnerable groups, will have access to legal services and exercise their judicial rights more easily based on the Project's support, aiming towards a public administration that serves the people and the nation.

The Action will build on the previous EU programmes to i) support the completion of the Legal Framework in compliance with international standards and good practices; ii) strengthen inclusive access to independent and reliable justice; iii) strengthen legal and human rights education and capacity building, and iv) reinforce the implementation of international commitments through improving domestic law and monitoring of Viet Nam’s obligations under UN Human Rights mechanisms more effectively.

The project will be based on the results of previous EU-Vietnam legal and judicial cooperation, inheriting the appropriate results while adding new content elements and adjustments in accordance with the requirements of Resolution No. 27-NQ/TW.

The Overall Objective (Impact) of this action is to improve rule of law and protect rights for all people by strengthening capacities of relevant stakeholders in line with Resolution No.27-NQ/TW and Vietnamese laws and Constitution.

The Specifics Objectives (Outcomes) of this action are to:

Outcome 1: Enhanced access for all people to an increasingly qualified, transparent, more inclusive, and independent justice system in line with international human rights standards to which Vietnam is a member.

Outcome 2: Strengthened capacities for legal and judicial agencies for the respect, protection, and realization of human rights consistent with international standards on human rights that Viet Nam has committed to and Viet Nam's specific conditions and circumstances.

The Outputs to be delivered by this Action contributing to the corresponding Specific Objectives (Outcomes) are:

Outcome 1:

1.1 Reviewed regulations which are overlapping or conflicting to improve the state management efficiency of the MOJ and related ministries, agencies, thereby facilitating access to quality legal and judicial services, meeting the requirements of building rule of law in line with Resolution 27 in Vietnam.

1.2 Improved efficiency and quality of public services within the mandates of both MOJ and related ministries, agencies; strengthened alternative dispute resolution mechanisms (mediation and arbitration), provide legal information and legal aid, especially for women, children and vulnerable groups. Enhanced access to best EUMS practices related to the Reforms in Child Justice.

1.3 Strengthened the capacity of the MOJ and related judicial agencies to promote the rule of law, and public administrative reform, digital transformation towards a modern and professional public administration and judicial system; facilitate the exercise of rights by citizens, especially women, children and vulnerable groups in accordance with the applicable laws.

1.4 Enhanced access to research, lessons learnt, experiences on best EUMS practices related to child-friendly justice and support services, considering gender-sensitive elements for children and women who are victims of violence

Outcome 2:

2.1 Enhanced training, capacities and human resources to ensure protections of rights for all and enhanced communication and awareness of human rights, especially dissemination and education of laws

2.2 Strengthen the capacity of state actors, qualified organizations to contribute to Viet Nam’s implementation of SDG 16 (Targets 16.1, 16.2 & 16.3); SDG 5 (Targets 5.1, 5.2 & 5.3); SDG 8 (Targets 8.7 & 8.8) as well as effective implementation of UN recommendations that Viet Nam accepts.

The above outcomes will contribute to the goal of building and perfecting the State of Vietnam rule of law in line with Resolution No. 27-NQ/TW; upholding the Constitution and the laws, respecting, ensuring and effectively protecting human and citizens' rights; a professional, rule-of-law and modern public administration and judiciary; decent, capable and professional public officers and civil servants; modern and effective national governance in accordance with international commitments to which Vietnam is a member, especially in implementing SDG 16 (Peace, justice, and strong institutions), SDG 5 (Gender equality) and SDG 17 (Partnerships).

Activities relating to Output 1.1

- Analyse and research national practices and international treaties to which Vietnam is a member to identify gaps and propose solutions in for access to judicial rights and services.

- Research good international practices and experiences in areas where Vietnam is in need of perfecting the regulations; review and evaluate current legal regulations related to access to judicial rights based on the requirements for building a rule-of-law state in Vietnam.

- Research good international practices and experiences suitable to Vietnam's needs, review legal regulations related to access to judicial services to ensure compatibility with relevant international treaties to which Vietnam is a member, in accordance with the orientation of perfecting the legal system in building a rule-of-law State in Vietnam.

- Research and consult International experiences in state management in the fields of legal and justice, providing legal services in these fields to improve relevant legal regulations.

- Enhance sharing information and achievements on legal system development and judicial reform via annual Legal Forum and quarterly Legal Dialogue co-chaired by Vietnamese Government represented by MOJ and EU with wide participation of Vietnamese and international partners.

Activities relating to Output 1.2:

- Analyse, improve and monitor quality of public services in the field of child protection and legal justice

- Develop, enhance and promote alternative dispute resolutions (e.g. grassroot conciliation, mediation, and dialogue at Court)

- Implement grant scheme programmes for NSAs to achieve enhanced legal aid and alternative dispute resolution mechanisms (mediation and arbitration), in particular for women and groups living in vulnerable situations

- Improve the quality of public services in the fields of legal, child protection and justice through research and review of legal regulations and public administrative processes and procedures in the field of legal and justice; Strengthen administrative reform, standardize processes and procedures, improve the capacity of responsible people in providing public services in the field of law and justice;

- Continue to promote effective implementation of regulations on grassroots conciliation, mediation, and dialogue at court;

- Enhance capacity to deliver legal aid and improve legal aid services quality; evaluate and improve the quality of legal aid services.

- Implement funding programs for qualified organizations to achieve goals related to this output.

Activities relating to Output 1.3:

- Performing comparative analyses of the laws and regulations regarding digitalization and data protection and identifying gaps that include a gender perspective.

- Identify technical, human and financial requirements of justice agencies to implement sustainable digital transformation.

- Identify the current situation, requirements and needs in the digital transformation of the MOJ, and improve the provision of public services in state management areas of the MOJ, improve quality of providing legal information.

- Research and review regulations related to personal data protection in digital transformation activities, considering the gender perspective.

- Develop necessary processes to manage effectively the implementation of decisions and judgments of judicial agencies and agencies competent to handle administrative violations related to minors (electronic records).

- Develop a list for digitization of codes, laws and other legal documents (MOJ).

- Implement digital transformation in the legal and judicial fields (MOJ).

- Training and capacity building for officials and civil servants of the Ministry of Justice and related ministries to build a team of professional civil servants, meeting the requirements of building a socialist rule-of-law state in Vietnam.

- Improve the effectiveness of training and fostering legal and judicial human resources to meet the requirements of building a socialist rule-of-law state in Vietnam and deep and broad International integration.

- Develop necessary processes to manage effectively the implementation of administrative and judicial decisions for juvenile (management of electronic records).

- Develop and implement a plan to improve the capacity of the team of judges to meet the needs of building a professional, modern, strict, and honest, serving-the-country and serving-the-people judiciary.

- Research to perfect the law-making process in a professional, scientific, effective and feasible manner; Research and complete regulations on legal interpretation.

- Enhance the effectiveness of implementing the Law on Legal Aid, focusing on enhancing and improving coordination with judicial bodies in delivering legal aid; Research and build an electronic legal aid system.

Activities relating to Output 1.4:

- Research and learn about experiences and best practices of EU member states regarding child friendly justice, including diversion, and child protection services for children and women victims of violence.

- Implement capacity-building activities for relevant entities on child justice, including diversion processing.

- Support the implementation of the juvenile Judicial Law, and research international experience in the social work profession (ensuring children and gender sensitivity)

- Conducting a study on best EUMS practices in Juvenile Justice and diversion

- Conducting capacity-building activities for the MOJ, SPC and other relevant ministries to enhance their understanding of the diversion process.

- Conducting basic research on the level of recidivism among children in the areas where family and juvenile justice courts operate.

- Research the mechanism for connecting and exchanging information about cases/cases handled by the court with agencies and organizations to promptly provide legal support services according to the laws.

Activities relating to Output 2.1:

- Conduct academic assessments of human rights courses and develop plans for human rights education based on Vietnam's needs

- Develop video courses, digital libraries, and a national digital legal database based on Vietnam’s needs.

- Review and survey the current qualifications and capabilities of the officials, especially the ones participating in law development, law enforcement, and state management in fields related to access to judicial rights and justice.

- Develop and implement training and retraining programs (including long-term such as master’s, doctoral and short-term training) suitable for each target group.

- Review and survey the current qualifications and capabilities of the officials, especially the ones participating in law development, law enforcement, and state management in fields related to access to judicial rights and justice.

- Develop and implement training and retraining programs (including long-term such as master’s, doctoral and short-term training) suitable for each target group.

- Organize and implement training programs/plans for officials and civil servants under long-term and short-term programs both domestically and abroad.

- Enhance training, fostering, and capacity building for core officials to meet international integration requirements, participating in handling international legal issues, and working at international legal organizations.

- Develop and implement training and professional exchange programs.

- Research and improve the law enforcement mechanism, ensuring that the laws are implemented fairly, strictly, consistently, promptly, effectively and efficiently.

- Conduct academic assessments of human rights courses and develop plans for human rights education based on Vietnam’s needs

- Create video courses, digital libraries and national legal databases.

Activities relative to Output 2.2:

- Enhance the capacity of the MOJ and Vietnamese ministries, provincial Departments of Justice and qualified organizations to monitor and report on the implementation of the SDGs and recommendations of the Human Rights Committee (ICCPR Convention), Human Rights Council (UPR mechanism) and a number of basic human rights conventions (ICESCR Convention, CRC, CEDAW, CRPD, CAT, CERD).

- Evaluate current mechanisms for communication and dissemination of human rights laws, identify programs and strategies to improve the effectiveness of communication and dissemination of human rights laws

- Implement funding programs for Vietnamese qualified organizations to achieve goals related this output.

The Intervention logic (IL) of the Action is supported by an Overall Objective to improve rule of law and protect rights for all people by strengthening capacities of relevant stakeholders in line with Resolution No. 27-NQ/TW and Vietnamese Constitution and laws.

Output to Outcome

IF regulations which are overlapping or conflicting to improve the state management efficiency of the MOJ and related ministries, agencies, thereby facilitating access to quality legal and judicial services, meeting the requirements of building rule of law in line with Resolution No. 27-NQ/TW in Vietnam. Enhanced legal aid and alternative dispute resolution mechanisms (mediation and arbitration), in particular for women and groups living in vulnerable situations are reviewed (OP1.1); IF efficiency and quality of public services within the mandates of both MOJ and related ministries, agencies; strengthened alternative dispute resolution mechanisms (mediation and arbitration), provide legal information and legal aid, especially for women, children and vulnerable groups. Enhanced access to best EUMS practices related to the Reforms in Child Justice are improved; IF the capacity of the MOJ and related judicial agencies to promote the rule of law, and public administrative reform, digital transformation towards a modem and professional public administration and judicial system; facilitate the exercise of rights by citizens, especially women, children and vulnerable groups in accordance with the applicable laws is strengthened (OP1.3); IF access to research, lessons learnt, experiences on best EUMS practices related to child-friendly justice and support services, considering gender-sensitive elements for children and women who are victims of violence are enhanced (OP1.4); THEN access for all people to an increasingly qualified, transparent, more inclusive, and independent justice system in line with international human rights standards to which Vietnam is a member is enhanced.

IF training, capacities and human resources to ensure protections of rights for all and enhanced communication and awareness of on human rights, especially dissemination and education of laws are enhanced (OP2.1); IF the capacity of state actors, qualified organizations to contribute to Viet Nam’s implementation of SDG 16 (Targets 16.1, 16.2 & 16.3); SDG 5 (Targets 5.1, 5.2 & 5.3); SDG 8 (Targets 8.7 & 8.8) as well as effective implementation of UN recommendations that Viet Nam accepts are strengthened (OP2.2); THEN capacities for legal and judicial agencies for the respect, protection, and realization of human rights consistent with international standards on human rights that Viet Nam has committed to and VietNam's specific conditions and circumstances are strengthened.

Outcome to Overall Objective/ Impact:

IF access for all people to an increasingly qualified, transparent, more inclusive, and independent justice system in line with international human rights standards to which Vietnam is a member is enhanced (OC1) and IF capacities for legal and judicial agencies for the respect, protection, and realization of human rights consistent with international standards on human rights that Viet Nam has committed to and Viet Nam's specific conditions and circumstances are strengthened. (OC2); THEN rule of law and protection of rights for all people by strengthening capacities of relevant stakeholders in line with Resolution 27 and Vietnamese laws and Constitution is improved (OO).

Assumptions: a) there is a genuine political commitment by state and non-state actors to collaborate at all levels, and evidence of ownership is exhibited during implementation; b) results are sustained by adjusting human and financial resources.

This indicative logframe constitutes the basis for the monitoring, reporting and evaluation of the intervention.

On the basis of this logframe matrix, a more detailed logframe (or several) may be developed at contracting stage. In case baselines and targets are not available for the action, they should be informed for each indicator at signature of the contract(s) linked to this AD, or in the first progress report at the latest. New columns may be added to set intermediary targets (milestones) for the Output and Outcome indicators whenever it is relevant.

- At inception, the first progress report should include the complete logframe (e.g. including baselines/targets).

- Progress reports should provide an updated logframe with current values for each indicator.

- The final report should enclose the logframe with baseline and final values for each indicator.

The indicative logical framework matrix may evolve during the lifetime of the action depending on the different implementation modalities of this action.

The activities, the expected Outputs and related indicators, targets and baselines included in the logframe matrix may be updated during the implementation of the action, no amendment being required to the Financing Decision.