Pháp luật về hợp tác quốc tế trong lĩnh vực tố tụng hình sự ở việt nam hiện nay tt tiếng anh

VIETNAM ACADEMY OF SOCIAL SCIENCES GRADUATE ACADEMY OF SOCIAL SCIENECES PHAM VAN CONG THE PRESENT LAW ON INTERNATIONAL COOPERATION IN CRIMINAL PROCEDURAL MATTERS IN VIET NAM Major: Code: Criminal and Criminal Procedure Law 38 01 04 SUMMARY OF DOCTORAL THESIS IN LAW HANOI - 2019 Done at: GRADUATE ACADEMY OF SOCIAL SCIENECES Supervisor: Prof., PhD Nguyen Ngoc Anh Reviewer No 1: Reviewer No 2: Reviewer No 3: The dissertation will be defended before the Ph.D thesis review Council of the Graduate Academy of Social Sciences, held at:: on:…… hour……minute, day……month… year …… The thesis can be found at: - National Library of Viet Nam - Library of Graduate Academy of Social Sciences LIST OF THE AUTHOR’S PUBLISHED SCIENTIFIC WORKS RELATED TO THE THESIS Pham Van Cong 2017 “Some issues on review mechanism on the implementation of the universal international treaties today”, The People’s Public Security Journal, volume 1, issue 3, pp 88-91 Pham Van Cong 2017 “Conclusion bilateral treaty on transfer of the sentenced person between Viet Nam and Cambodia - Enhancing international cooperation in criminal procedural matters between the two countries”, The People’s Police Force, issue 4(131/2017), pp 81-84 Pham Van Cong 2019 “Law on international cooperation in criminal matters in the European Union and lessons learnt”, The People’s Police Force, issue (29/2019), pp 45-47 INTRODUCTION The necessity of the research In recent years, international and regional situations have changed rapidly, complexity, and unpredictably Non-traditional security factors become bigger challenges for security situation in national and international level, in which, transnational issues became global concerns of the international community due to whichever nation could not solve these problems alone Globalisation has promoted the interdependence of nations, thus impacts to the state of stability and development of each country and regions as well Transnational crimes, organized crimes, such as transnational human smugglings, human trafficking, drugs, money laundering, international terrorism, high tech utilised crimes, frauds, etc., expose complexity trends, produce tragically consequences, wide spreading impacts which are perpetrated by many sophisticated modus operandi These issues require nations to cooperate and coordinate with others nations to detect, investigate, prosecute, adjudicate and execution of criminal judgement on cases, individuals, organisations that have committed transnational crimes Those measures including international cooperation in criminal procedural matters through several formalities, contents prescribed in international instruments To promote legitimate national interests and implement the international principle of pacta sunt servanda, nations engage to build domestic legal systems, arrange resources affectedly to organising the implementation of international conventions to which nation has been concluded in order to prevent and combat crimes In Viet Nam, situation of crimes relating foreign factors has been the same trend with the situation crimes in the world, with more developed sophisticatedly modus operandi creating many high dangerous consequences There also are numbers of criminals who have fled abroad after perpetrating crimes in Viet Nam or have entranced Viet Nam in order to avoid justice and/or continuing commit crime The above mentioned circumstances require multiaspect measures to prevent and combat crimes, includes to conclude international treaties, improve the domestic law, implement diversity of forms of international cooperation in the sphere of criminal procedures which are prescribed in the Code of Criminal Procedures adopted in 2003 as amended in 2015, the Law on Mutual Legal Assistance adopted in 2007, as well as related laws and regulations; as well as implement international treaties that the Socialist Republic of Viet Nam is a member party Therefore, the process of law drafting to make legal system perfect and applying law on international cooperation in criminal procedural matters in Viet Nam has reached achievements Provisions on international cooperation in criminal procedural matters have an significant roles in terms of politic, society and diplomatic These provisions also create legal bases for Vietnamese authorities to cooperate with foreign counterparts in implementing the international cooperation in criminal procedures, contributing to the enhancement of the crime prevention and combating, serving national strategy on deeply and widely international integration on every aspects which has initiated and directed by our Party and State However, the reality of applying provisions on international cooperation in criminal procedural matters in Viet Nam shows that, due to lacking of experience so it reveals obstacles, difficulties led to reducing the effectiveness of this work Beside that, they are complexity and multi-facets issues thus there have not been well-documented and researched, especially studies with multidisciplinary, interdisciplinary and transdisciplinary methods to recommend the making legal framework perfect and to enhance the effectiveness of international cooperation in criminal procedural matters Albert there has been some researches in theoretical perspective on international cooperation in specific activities of criminal procedures as extradition, mutual legal assistance, transfer of the sentenced persons, international cooperation in counter crimes, however, due to the difference of research objectives, methodologies and approaches so the Ph.D thesis titled as: “The present law on international cooperation in criminal procedural matters in Viet Nam” is a necessary, up-to-date study in the major of Criminal and Criminal Procedures Laws Research objectives and mandates 2.1 Research objectives The objectives of this thesis are to research theoretical and practical issues in law on international cooperation in criminal procedural matters in Viet Nam; based on the findings, the thesis makes recommendations on making perfect laws on criminal procedures as well as enhancing effectiveness of these laws’ implementation 2.2 Mandate of research Pursuing the above mentioned objectives, the thesis identifies mandates as follows: - To conduct literature reviews on related studies that were published domestically and abroad; thus, to identify theoretical and practical contents which are necessary to study intensely; - To research related theories to clarify the concept, characteristics of law on international cooperation in criminal procedural matters in Viet Nam; - To overview historical development process of law on international cooperation in criminal procedural matters in Viet Nam; to analysis, evaluate recent provisions of law on international cooperation in criminal procedural matters; to make a comparison among domestic and international conventions to that Viet Nam is a party member, as well as comparison with foreign laws on international cooperation in criminal procedural matters; to make a summary the facts of applying provisions on law on international cooperation in criminal procedural matters in Viet Nam; to identify obstacles, insufficiency of those provision of laws as well as find out causes of those obstacles and impediments; - Based on synthesis the results of research and forecast the circumstances as well as factors that impact international cooperation in criminal procedural matters, the thesis recommends to continue improving laws on criminal procedures as well as enhancing effectiveness of laws’ application in order to combat and prevent crimes effectively The scope and subjects of the research 3.1 The subjects of the research The thesis studies provisions of law on international cooperation in criminal procedural matters: regarding theoretical aspect, that is the theoretical basis of the law on international cooperation in criminal procedural matters; regarding the practical aspect, it is on provisions of laws of Viet Nam and six other representatives of foreign countries on international cooperation in criminal procedural matters; regarding laws implementation, it studies the implementation of the law on international cooperation in criminal procedural matters in Viet Nam practically 3.2 The scope of the research - Regarding space of research, this thesis studies law of Viet Nam, international law on international cooperation in criminal procedural matters; practical implementation of law on international cooperation in criminal procedural matters in Viet Nam, focusing on the implementation of competent agencies, for example, investigation agencies, authorities under Ministry of Public Security, the People’s Supreme Procuracy, the People’s Supreme Court, Ministry of Foreign Affairs in the Vietnamese territories - Regarding time of research, this study involves statistics, facts on application of law on international cooperation in criminal procedural matters in the period from 2008 (when the Code of Criminal Procedures adopted in 2003 went into force) to the August, 2019; except the historical overviewing on provisions of law on international cooperation in criminal procedural matters in Viet Nam is taken from 1945 to present Methodology The thesis is based on the Marxist - Leninist theory, Ho Chi Minh’s thought, the viewpoints, policies of the [Vietnam Communist] Party, laws of the State on international relations and cooperation; making and improving legal system; combating and preventing crimes In coordinating multidisciplinary, interdisciplinary and transdisciplinary principles including international relations, international laws, politics sciences to supplement, comprehensively analysis the concepts, characteristics and relationships among nations, international treaties and laws on the raised issues in the globalisation, extra-territorial issues, combining with analytical, synthesis, interpreting and inductive methods, legal norms comparative analysis, case study, expert advocacy New academic contributions of the thesis First, studying theoretical aspect within the major of criminal law and criminal procedure law, combining with multidisciplinary, interdisciplinary and transdisciplinary research, the thesis presents and identifies concept, characteristics, the role of the law on international cooperation in criminal procedural matters; making comparison with provisions of international treaties on counter crimes to which Viet Nam is a party member; studying legal experience of some foreign states on international cooperation in criminal procedure matters Second, the thesis overviews generally historic periods of the law on international cooperation in criminal procedural matters in Viet Nam; analyses comprehensively provisions of law on this sphere in Viet Nam today; beside that, reviewing the facts of implementation the law on international cooperation in criminal procedural matters in Viet Nam in the past years; identifying obstacles on provisions and applying these legal provisions, as well as causes of those obstacles Third, based on synthesising results of the research on theoretical and practical issues in this field, forecasting and evaluating related factors, identifying the trend, the need for making legal provisions perfect and enhancing the effectiveness of the application of the law on international cooperation in criminal procedural matters; recommends to enhance improvement of legal provisions and the sufficiency of the application of those laws in order to counter crimes in new context Theoretical and practical significances of the thesis - Regarding theoretical perspective: the thesis contributes to the progress of building a theory on the law on international cooperation in criminal procedural matters in Viet Nam generally, international cooperation in this field in Viet Nam particularly; applying interdisciplinary and transdisciplinary principles to determining the position, the role, characteristics, principles of the laws and the practice of international cooperation in criminal procedural matters to counter transnational crimes related to Viet Nam - In practical aspect: the results of this study could be utilised as a reference document in studying basically with statistics, documents collected from law enforcement agencies, reflecting the facts of application of the law on international cooperation in criminal procedural matters in Viet Nam, including: the process of negotiating, advocating and applying international treaties, applying domestic laws on mutual legal assistance, extradition, transfer of the sentenced persons and other activities on international cooperation, as well as recommending drafts of related legal documents on this field of study With those above contents, the thesis could be referred as research document for lecturing, studying, and researching in the field of research at institutions on legal, criminal and criminal procedure laws in Viet Nam Structure of the thesis In addition to the Introduction, Conclusion, List of references, the thesis content is structured into four chapters: Chapter Literature review; Chapter Theoretical issues on law on international cooperation in criminal procedural matters in Viet Nam and some foreign countries; Chapter Legal provisions on law on international cooperation in criminal procedural matters in Viet Nam and the actual implementation; Chapter Improving law and enhancing the effectiveness of the implementation on international cooperation in criminal procedural matters in Viet Nam Chapter LITERATURE REVIEW (from page 10 to page 24 of the thesis) 1.1 Overview of the researches published abroad that were related to the thesis For studying the theme of this thesis, the author has collect 11 books, journal articles and academic reports which were published in foreign countries have been reviewed because of their direct relationship to this thesis 1.2 Overview of the researches published in Viet Nam In our country, there have been published and studies on mutual legal assistance, extradition, international cooperation in transfer of the sentenced persons or counter crimes The author of the thesis has studied 36 monographs, books, reports, journal articles containing related issues to the international cooperation in criminal procedures in those specified areas 1.3 Summary of evaluation on related researches 1.3.1 Overview of the achievements of previous works 10 Law on international cooperation in criminal procedure matters in Viet Nam is a comprehensive system of legal norms which are promulgated or recognised for enforcing by the State of Socialist Republic of Viet Nam, governing the relationships among authorities of Viet Nam and foreign partners in mutual assistance, support to investigate, prosecute, adjudicate transnational crimes, cooperate in managing orders and/or decisions declared by a competent criminal courts applied to criminal individuals or organisations - Characteristics of law on international cooperation in criminal procedural matters in Viet Nam include: + First, the unique within the system of legal norms governing legal relationships + Second, the legal normative characters + Third, the empowerment that is the law on international cooperation in criminal procedural matters is adopted by and/or official recognised by the State + Fourth, the enforcement in implementation + Fifth, the guaranty of application 2.1.2 Subjects of application, methods of application of law on international cooperation in criminal procedural matters in Viet Nam - Subjects of application: based on overviewing theoretical and practical issues of international cooperation in criminal procedural matters has shown that, law on this subjects governs groups of areas, firstly, cooperation in determining, identifying national legal jurisdiction and obligations on cooperation between states (including defining objectives, authorities, responsibilities, and particular activities of cooperation) taken through process of negotiation, drafting, concluding bilateral, multilateral international instruments to recognise international engagements with faithfully and fully implementing common concerning activities and measures in criminal proceedings Secondly, international cooperation in carrying 11 out certain proceedings in criminal procedure, such as mutual legal assistance, extradition, transfer of the sentenced persons as well as other international cooperation activities - Methods of application: Vietnamese law on criminal procedure utilises two methods of application, namely authorisation and coordinated-check and balance Beside that, law on international cooperation in criminal procedural matters in Viet Nam also uses method of official recognition through promulgating mutual assistance, support between domestic and foreign authorities in the process of the prosecution of transnational crimes - Roles, significance of law on international cooperation in criminal procedural matters in Viet Nam, which are important in terms of political, societal, and legal perspectives They are to contribute to the legalisation and implementation of international relations policy of multilateralization, diversification, promoting international integration as well as works of anti-crimes; to create legal basis for authorities to coordinate and cooperate or receive assistance from foreign partners in order to enhance the effectiveness of the investigation, prosecution, adjudication and management of justice over transnational criminal cases; to actively counter crime, and transnational crimes particularly These roles and significances are decisive in the context of boosting integration and participating globalisation in Viet Nam today – The principles of law on international cooperation in criminal procedural matters in Viet Nam, including: + First, it is a part of policies of our Party and State in terms of international relation, legality, and criminal justice particularly; + Second, it is pursuant to fundamental principles of international laws; + Third, it ensures a principle of reciprocity 2.2 Foreign laws on international cooperation in criminal procedural matters and lessons learnt for Viet Nam 12 This section of the thesis overviews global situation on legal framework on international cooperation in criminal procedure matters; presents general legal provisions in European Union (EU); laws on international cooperation in criminal procedural matters in six countries, including the United States, German Federation, the People’s Republic of China, the United Kingdom, Russian Federation, Japan Based on the analysis, there are some lesson learnt outlined on the arena of study, such as improving the domestic legal system on international cooperation in criminal procedural matters; negotiation, conclusion and implementation of international treaties; solving the relationships among multilateral, bilateral international treaties, and between the domestic legal frameworks and international law as well; organising central authorities and focal points, structure of competent authorities in implementation of international cooperation in criminal procedural matters; interagency coordination, mobilising and managing resources as human, conditions and technical assistance Summary of Chapter Chapter of thesis analyses theoretical issues on international cooperation in criminal procedural matters in Viet Nam, thus, to determines concepts and terminology, characteristics, subjectivities, relationships of legal norms, roles and significance of law on international cooperation in criminal procedural matters in Viet Nam, as particular: Determining the concept, that law on international cooperation in criminal procedural matters in Viet Nam is a comprehensive system of legal norms which are promulgated or recognised for enforcing by the Socialist Republic of Viet Nam, governing the relationships among authorities of Viet Nam and foreign counter partners in mutual assistance, support to investigate, prosecute, adjudicate transnational crimes, cooperate in managing orders and/or decisions 13 declared by a competent criminal courts applied to criminal individuals or organisations Activities of international cooperation are mainly promulgated in law on international cooperation in criminal procedural matters, includes: - Firstly, cooperation in identifying, determining national legal jurisdiction and obligations on cooperation between states (including defining objectives, authorities, responsibilities, and particular activities of cooperation) taken through process of negotiation, drafting, concluding bilateral, multilateral international instruments to institutionalise international engagements for faithful and full implementing common activities and measures in criminal proceedings; - Secondly, cooperation internationally in carrying out certain proceedings in criminal procedure, such as mutual legal assistance, extradition, transfer of the sentenced persons as well as other international cooperation activities The Chapter also presents overviews some experience on legal building and practical application of law on international cooperation in criminal procedural matters in the United Nations, the EU, and other foreign countries, namely: the United States, German Federation, China, the United Kingdom, Russian Federation, Japan The diversity of legal traditions and practical experiences provide lessons learnt for Viet Nam in the modern context Chapter LEGAL PROVISIONS ON LAW ON INTERNATIONAL COOPERATION IN CRIMINAL PROCEDURAL MATTERS IN VIET NAM AND THE ACTUAL IMPLEMENTATION (from page 71 to page 121 of the thesis) 14 3.1 Summary of historical development of law on international cooperation in criminal procedural matters in Viet Nam Studying historical progress of law on international cooperation in criminal procedural matters in our country from 1945 to present, which shows that, the process of building and protecting national sovereignty and jurisdiction, especial legal jurisdiction have always been taken seriously and have been established and implemented from the earlier period of Vietnamese State and Law Law on international cooperation in criminal procedural matters in Viet Nam today has been gradually developed, whereas the numbers of multilateral and bilateral international treaties grows, legal provisions on scope of cooperation has been widened, the contents of activity become more diverse and accomplished System of the domestic legal provisions governing international cooperation in criminal procedural matters become more progressed, particular promulgated in the 2003 Code of Criminal Procedure, the 2007 Law on Mutual Legal Assistance and presently, the 2015 Code of Criminal Procedure 3.2 Legal provisions on international cooperation in criminal procedural matters in Viet Nam 3.2.1 Provisions of treaties on international cooperation in criminal procedural matters This section of thesis analyses and synthesises legal provisions promulgated by international treaties which Viet Nam is a party member that provide national jurisdiction against crimes, mutual legal assistance, extradition, transfer of the sentenced persons and other activities of international cooperation in criminal procedural matters, including joint investigation, coordinated investigation, international cooperation in applying special investigation techniques, witness protection and support, victim protection 15 3.2.2 Domestic legal provisions on international cooperation in criminal procedural matters This section analyses provisions on subjects, principles, contents and formalities (proceedings) international cooperation in criminal procedural matters according to the provisions of law of Viet Nam, specified at the Code of Criminal Procedure adopted in 2015 (as amended the Code adopted in 2003); Law on Mutual Legal Assistance adopted in 2007 and related legal normative documents The thesis also analyses new provisions in Code of Criminal Procedure adopted in 2015 3.3 Recent situation in applying law on international cooperation in criminal procedural matters in Viet Nam The thesis syntheses facts on conclusion, accession and implementation of international treaties on mutual legal assistance, extradition, transfer of the sentenced person; drafting and making the domestic law perfect; facts on the organising and multiagency coordination in implementation of international cooperation in criminal procedural matters This section also overviews results of mutual legal assistance, extradition, receiving and handing over the sentenced person to and from Viet Nam Criteria for the overviewing are the number of requests, subjects to be requested, legal bases, principle of reciprocity application in sending or receiving requests of international cooperation from 2008 to 8/2019 3.4 General comments and assessments 3.4.1 General comments on achievements and good points - In Viet Nam, conclusion, access and implementation of multilateral, bilateral international treaties have gained many important results These works have been according with the directions on foreign policy of the Party, obeying the Constitution, laws on conclusion of international treaty, criminal law, criminal 16 procedure law; these activities are taken within the legal requirements of competence, proceedings therefore many substantial results are made, especially creating legal framework for international cooperation in this sphere in Viet Nam - Regarding current domestic legal provisions: the legal system and law on international cooperation in criminal procedural matters have been gradually completed, basically legalised viewpoints, policies of our Party, specialised provisions of the Constitution in the fields of national security protection, social order and security maintenance, crime prevention and combating, international cooperation in criminal justice enhancing It is noted that the legal system determines objectives, subjectivities, principles, scope of application and activities of international cooperation in particular periods of criminal procedural matters The thesis generally evaluates situation and results of action taken by central authorities; the works of negotiating and concluding international treaties, mutual assistance as well as interagency coordination among ministries, services in implementation of international cooperation in criminal procedural matters in Viet Nam 3.4.2 Obstacles and insufficiencies - Regarding the negotiating and concluding international treaties + With the conservations and declarations that Viet Nam has not considered multilateral extradition treaties are legal bases for extradition (which is over 54% number of such treaties concluded by Viet Nam), then the activities of international cooperation, the application of the reciprocity principle normally prolong time for handling transnational cases + The direct application of bilateral treaties on mutual legal assistance, extradition, transfer of the sentenced person have not been 17 guided in details, thus, creates obstacles and in activity when Vietnamese authorities cooperate internationally - Regarding the domestic legal provisions In the context of Viet Nam intense integrated into the world, the facts of international cooperation in criminal procedural matters shows that, there are several inconsistencies between domestic legal provisions and international treaties and customary, thus, create obstacles to international cooperation in criminal procedural matters, namely: + In terms of extradition, there are difficulties caused by domestic law, such as: provisions on the competence, responsibilities of central authorities of Viet Nam, provisional arrests in treaties on extradition, proceedings on simple extradition, transits of person requested to extradition, ensure for non-applicable of death sentence, languages and time for handling transnational dossiers, the application of the reciprocity principle, etc Beside that, obstacles are also raised in the implementation of the law, including information exchanges, insufficient awareness on the works of extradition, officials in charged of extradition proceedings, training, educating, lecturing on extradition in academia are under the level of factual requirements + Regarding mutual legal assistance, there are difficulties on giving official guaranty for non-applicable of death sentence, languages translated to and from Vietnamese, lack of experience on implementation of some types of requests of mutual legal assistance + The issues of transfer of the sentenced person include costs of the transfer, conditional consensus of the sentenced person on the transfer, proceedings of applying non-death penalty even this sentence has been proclaimed in Viet Nam, proceedings for applying 18 the reciprocity principle; the inform, dissemination, education, training on the contents of treaties have not been regularly, etc 3.4.3 Causes of the obstacles and insufficiencies - The legal system on international cooperation in criminal procedural matters remains some insufficiency, and under developing; the consistency with international treaties has under the level of factual required - Personnel working in international cooperation in criminal procedural matters has certain limitation on quality and quantity - The central authorities for international cooperation in criminal procedural matters has under the level of required effective in terms of organisational and practical perspectives - Conditions for the implementation of international cooperation in criminal procedural matters have many limitations regarding material, technical and funding aspects Summary of the Chapter The Chapter of the thesis analyses legal provisions on international cooperation in criminal procedural matters in Viet Nam and the actual application This section summarise the development of law on international cooperation in criminal procedural matters, analyses current legal provisions on international cooperation in concluding treaties, criminal law, criminal procedural law, legal normative documents on other activities on international cooperation in criminal procedural matters Based on analysing current legal provisions on international cooperation in criminal procedural matters, the Chapter also overall reviews the actual application of these provisions on negotiation, conclusion and implementation international treaties on mutual legal assistance, extradition, transfer of the sentenced person, 19 recommendation on developing the domestic law; works done in organising and interagency coordinating in this field After that, the thesis presents general comments on achievements and good points, obstacles and insufficiencies, causes of such obstacles and insufficiencies during international cooperating in criminal procedural matters in Viet Nam These comments and evaluations are bases for recommending solutions in order to make law developed and enhance the effectiveness of the application of these legal provisions in Viet Nam, which are presented in the Chapter of the thesis Chapter IMPROVING THE LAW AND ENHANCING THE EFFECTIVENESS OF THE IMPLEMENTATION ON INTERNATIONAL COOPERATION IN CRIMINAL PROCEDURAL MATTERS IN VIET NAM (presented from page 122 to page 148 of the thesis) 4.1 Forecasting the related circumstances 4.1.1 Forecasting the related criminal situation By overviewing and synthesising related factors, the thesis forecasts criminal situation in general, the situation of transnational crimes in the world and the region might become more sophisticated with new arising behaviours causing dangerous to the society, the perpetrators utilise more sophisticatedly modus operandi leading many high dangerous consequences as well as their impacts on societies, including such impacts in Viet Nam 4.1.2 The need for making a comprehensive legal bases for international cooperation in criminal procedural matters 20 In the contexts that our Party and State boost the implementation of the policies on integration, strongly presenting the national role and position in the global and regional arena, the dark-side of the globalisation and transnational issues, including transnational crimes which require more comprehensively cooperation internationally Those facts expose quests for amending, adjusting legal bases, enhancing capacity of specialised agencies, promoting cooperation with foreign countries to conduct effectively mutual legal assistance, extradition, transfer of the sentenced persons and other activities 4.2 The direction, viewpoints of our Party, State on improving legal provisions on international cooperation in criminal procedural matters By continuing implement the direction and viewpoints of our Party, the drafting and amending the legal system, reforming judicial works, law on international cooperation in criminal procedural matters should meet the requirements of the international integration, enhancing the effectiveness of protecting national security, preventing, combating crimes and maintaining social order and safety in according to the Constitution 2013 4.3 Solutions for improving the law on international cooperation in criminal procedural matters in Viet Nam and enhancing the effectiveness of the implementation 4.3.1 Continuing to adjust and amend the domestic law to ensure the consistence of the domestic law with treaties in which Viet Nam is a member party; enhancing the uniform, the comprehensiveness, and the clarity of the domestic legal system 4.3.2 Being proactive in negotiating, concluding and accessing international treaties to which Viet Nam is a member party as well as promoting their implementation 21 4.3.3 Determining by legal documents of position, functions and responsibilities and interagency coordination in implementation of law on international cooperation in criminal procedural matters 4.3.4 Focussing on trainings, education to enhance the capacity of law enforcement officials; promoting studies and utilising academic research findings on comparative legal studies, especially comparative criminal law researches 4.3.5 Highly investing on conditional matters for enhancing implementation of the law in terms of material, technical and other matters for the implementation of international cooperation in criminal procedural matters to ensure the accordance with legal provisions as well as the effectiveness of the law application 4.3.6 Utilising scientific-technological advantages in the implementation of law on international cooperation in criminal procedural matters, focussing in building database system, establishments for secure, available, and precise information exchange Summary of the Chapter The Chapter forecasts related circumstances, namely the matters of transnational crimes affecting Viet Nam, the needs to adjust and amend legal frameworks for international cooperation in criminal procedural matters in Viet Nam in aspects of politic, foreign policy, socio-economic Beside that, this Chapter presents also viewpoints, direction of our Party, State of Viet Nam on improving the legal system, including legal provisions on international cooperation in criminal procedural matters Following these contents, Chapter identifies six solutions contributing to the adjustment of the legal provisions on international cooperation in criminal procedural matters as well as to enhance the effectiveness of their application in Viet Nam in the future time 22 CONCLUSION In studying theoretical and practical aspects of law on international cooperation in criminal procedural matters in Viet Nam and experience of some foreign states, pursuing the approach of major of criminal law and criminal procedural law, combining with multidisciplinary, interdisciplinary and transdisciplinary principles, the thesis presents the following conclusions: Developing a concept that Law on international cooperation in criminal procedural matters in Viet Nam is a comprehensive system of legal norms which are promulgated or recognised for enforcing by the State of Socialist Republic of Viet Nam, governing the relationships among authorities of Viet Nam and foreign partners in mutual assistance, support to investigate, prosecute, adjudicate transnational crimes, cooperate in managing orders and/or decisions declared by a competent criminal courts applied to criminal individuals or organisations Beside that, thesis clarifies the activities of international cooperation are mainly promulgated in law on international cooperation in criminal procedure matters, includes: - Firstly, cooperation in determining, identifying national legal jurisdiction and obligations on cooperation between nation-states (including defining objectives, authorities, responsibilities, and particular activities of cooperation) taken through process of negotiation, drafting, concluding bilateral, multilateral international instruments to recognise international engagements to faithfully and fully implement activities and measures in criminal proceedings that party members concerning commonly; 23 - Secondly, international cooperation in carrying out certain proceedings in criminal procedure, they are mutual legal assistance, extradition, transfer of the sentenced persons as well as other international cooperation activities The thesis analyses the domestic law and international instruments on international cooperation in criminal procedural matters in Viet Nam and the actual application, especial contents of activities, formalities of international cooperation in criminal procedural matters in Viet Nam over ten year periods The thesis presents comments on achievements and good points, obstacles and insufficiencies, the causes of such obstacles and insufficiencies during international cooperating in criminal procedural matters in Viet Nam By taking forecasts related circumstances, synthesising outcomes of the theoretical and practical study, the thesis identifies solutions contributing to the adjustment and improvement of the legal provisions on international cooperation in criminal procedural matters as well as to enhance the effectiveness of their application in Viet Nam in the future, namely: First, continuing to adjust and amend the domestic law to ensure the consistence of the domestic law with treaties to which Viet Nam is a member party; enhancing the uniform, the comprehensiveness, and the clarity of the domestic legal system This includes the drafting Bill on extradition, Bill on transfer of the sentenced person, Bill on mutual legal assistance; Second, being proactive in negotiating, concluding and accessing international treaties to which Viet Nam is a member party as well as promoting their implementation; 24 Third, determining by legal documents of position, functions and responsibilities and interagency coordination in implementation of law on international cooperation in criminal procedural matters; Fourth, focussing on trainings, education to enhance the capacity of law enforcement officials; promoting studies and utilising academic research findings on comparative legal studies, especially comparative criminal law researches; Fifth, highly investing on conditional matters for enhancing implementation of the law in terms of material, technical and other matters for the implementation of international cooperation in criminal procedural matters to ensure the accordance with legal provisions as well as the effectiveness of the law application Sixth, utilising scientific-technological advantages in the implementation of law on international cooperation in criminal procedural matters, focussing in building database system, establishments for secure, available, and precise information exchange ... cooperation in criminal procedural matters in Viet Nam; - To overview historical development process of law on international cooperation in criminal procedural matters in Viet Nam; to analysis, evaluate... criminal procedural matters in Viet Nam and some foreign countries; Chapter Legal provisions on law on international cooperation in criminal procedural matters in Viet Nam and the actual implementation;... PROCEDURAL MATTERS IN VIET NAM AND SOME FOREIGN COUNTRIES (from page 25 to page 70 of the thesis) 2.1 Theoretical issues on law on international cooperation in criminal procedural matters in Viet Nam