This cooperation not only contributes to ensuring international legal order and combating transnational crime, but also promotes socio-economic development, protects human rights, and enhances national standing in the international arena. For Vietnam, international cooperation in law and justice constitutes an important component of its foreign policy and judicial reform strategy. Although many positive achievements have been attained, there remain barriers related to legal frameworks, institutional capacity, and differences among legal systems. To address these challenges, a comprehensive and sustainable strategy is required one that promotes legal harmonization while ensuring national sovereignty and human rights. Proactive integration, policy innovation, and the application of modern technology will be key to enhancing the effectiveness of international legal and judicial cooperation in the coming period.
International cooperation in law and justice is the process through which countries coordinate and support one another in law-making, law enforcement, and judicial activities. The scope of such cooperation is highly diverse and includes: the conclusion and implementation of international treaties; mutual legal assistance in criminal and civil matters, extradition, and transfer of sentenced persons; prevention and combat of transnational crime; exchange of experience and training of legal and judicial personnel; and harmonization of domestic law with international standards.
Overview of International Cooperation in Law and Justice
1. International cooperation in law:
International cooperation in law refers to coordination among countries in the development, improvement, and harmonization of legal systems, as well as the exchange of legal experience and training of legal human resources, in order to address transnational legal issues. The substance of legal cooperation includes: exchange, research, and sharing of legal experience; harmonization of law through the development of international treaties, regional codes, and common standards; and improvement of domestic legal institutions in line with international norms.
* The main contents of international legal cooperation include:
- Law-making and legal development: learning from legislative experience of other countries; adopting international legal standards.
- Participation in international treaties: signing and implementing international conventions and agreements on legal matters.
- Legal harmonization and unification: adjusting domestic laws to align with international law and practices.
- Legal education and research: exchange of experts and law students; joint legal research.
Principles of international legal cooperation: respect for independence and sovereignty; equality, cooperation, and mutual development; compatibility with the political, economic, and cultural conditions of each country.
Significance: enhancing the quality of national legal systems; creating a legal foundation for international integration; contributing to the building of a rule-of-law state.
2. International cooperation in justice:
International cooperation in justice refers to coordination among countries (through judicial bodies such as courts, procuracies, and investigative agencies) to support one another in procedural activities and law enforcement, particularly in cases involving foreign elements. Such cooperation is typically carried out through: mutual legal assistance agreements; exchange of judicial practices and specialized training; and cooperation mechanisms in adjudication, extradition, asset recovery, and evidence transfer.
* The main contents of international judicial cooperation include:
- Mutual legal assistance: taking statements, collecting evidence; service of judicial documents; verification of identity and assets abroad.
- Extradition: transfer of offenders or wanted persons from one country to another for trial or execution of sentences; transfer of sentenced persons, allowing convicted individuals to serve the remainder of their sentences in their home countries; recognition and enforcement of foreign court judgments and decisions.
Principles of international judicial cooperation: respect for national sovereignty; compliance with international treaties to which the parties are members; equality and mutual benefit; non-interference in internal affairs; conformity with domestic law of each country.
Significance: contributing to the fight against transnational crime; protecting lawful rights and interests of individuals and organizations; strengthening justice and international legal order.
Current Situation of International Cooperation in Law and Justice
1. Trends in legal globalization:
In recent years, international legal cooperation has achieved significant progress through advanced mechanisms such as:
- Expansion of international treaties: multilateral and bilateral treaties promoting common legal standards in areas such as trade, investment, labor, human rights protection, and anti-corruption.
- Regional legal harmonization: within frameworks such as ASEAN, the EU, and the African Union, countries have actively developed regional legal frameworks to minimize conflicts of national laws and promote the free movement of goods, services, and factors of production.
- Role of international organizations: the United Nations, the Organisation for Economic Co-operation and Development (OECD), the World Trade Organization (WTO), and specialized agencies play central roles in establishing international legal norms.
2. Judicial cooperation in combating international crime:
The increasing complexity of transnational crimes such as money laundering, human trafficking, drug trafficking, and cybercrime has compelled countries to strengthen judicial cooperation through mechanisms including:
- Mutual Legal Assistance Treaties (MLATs): Vietnam and many countries have signed MLATs for investigation, asset seizure, and evidence exchange.
- Extradition mechanisms: development and implementation of extradition agreements to effectively address fugitives abroad.
- Participation in international networks: Vietnam’s membership in INTERPOL and participation in the ASEAN Judicial Forum have facilitated information sharing and cross-border judicial coordination.
However, practical cooperation still faces many difficulties, including:
- Domestic legal challenges: differences in legal systems, levels of law enforcement, and administrative–judicial capacity among countries.
- Technical and administrative delays: prolonged processing times for mutual legal assistance requests and insufficient inter-agency coordination.
- Human rights protection: mutual legal assistance procedures often face requirements to safeguard fundamental rights in accordance with international standards.
Challenges in the New Context
Despite notable achievements, international cooperation in law and justice continues to face numerous challenges, including differences in legal systems and legal cultures; the rise of new types of crimes such as high-tech crime, money laundering, and terrorism; increasing demands for personal data protection and cybersecurity; and limitations in human resources and infrastructure relative to the requirements of deep integration. Specifically:
- Inconsistencies among national legal systems:
Differences in legal traditions (common law, civil law, etc.) create difficulties in interpreting and applying international treaties and implementing judicial commitments.
- Capacity of judicial and law enforcement agencies:
Some countries - particularly developing ones - face limitations in investigative techniques and international evidence collection, reducing the effectiveness of cooperation.
- Political barriers and national sovereignty:
Political relations among countries directly affect the level of information sharing and implementation of mutual legal assistance, especially in sensitive cases involving national security.
Achievements in International Cooperation in Law and Justice
- Improvement of legal frameworks and international integration: Vietnam has participated in and signed numerous important international treaties related to law and justice, such as UN conventions on human rights, anti-corruption, and combating transnational organized crime. Domestic legal systems have gradually been amended and supplemented to align with international commitments.
- Enhanced effectiveness of mutual legal assistance: Judicial cooperation activities have expanded, contributing to effective handling of cases involving foreign elements. Cooperation in extradition, judicial delegation, and cross-border evidence collection has improved crime prevention and control.
- Capacity building of the judicial system: Through international cooperation, legal and judicial personnel have gained access to advanced experiences and models from developed countries. Numerous training programs, workshops, and expert exchanges have enhanced professional qualifications and practical skills.
- Contribution to human rights protection and justice: International cooperation has supported Vietnam in improving mechanisms for human rights protection, ensuring access to justice, and promoting fair and transparent trials in line with international standards.
Orientations for International Cooperation in Law and Justice in the New Era
- Proactive and active international integration: Continue to participate in, sign, and effectively implement international treaties; proactively contribute to the development of international laws and legal standards.
- Improvement of the domestic legal system: Ensure consistency, transparency, and alignment with international practices while firmly upholding national independence and sovereignty.
- Promotion of digital transformation in the judicial sector: Apply information technology, artificial intelligence, and digital data in judicial activities to enhance the effectiveness of international cooperation and cross-border case handling.
- Development of high-quality legal and judicial human resources: Strengthen training of personnel with solid expertise, strong foreign language skills, and deep understanding of international law.
Strategic Orientations in the Coming Period
* General orientations:
- Improving the domestic legal framework in line with international standards: Amend and supplement laws on mutual legal assistance, extradition, and procedural law to ensure consistency with international commitments; strengthen human rights protection provisions in judicial cooperation; and establish transparent and effective mechanisms for resolving conflicts of law.
- Enhancing capacity of judicial and law enforcement agencies: Provide advanced training in international and comparative law for judges, prosecutors, and investigators; equip agencies with cross-border investigation tools (financial technology, digital technologies for cybercrime investigation); and establish rapid contact mechanisms with foreign counterparts.
- Promoting regional dialogue and connectivity: Strengthen legal cooperation within ASEAN toward a more unified regional legal framework; establish annual regional judicial forums for experience exchange and data sharing; promote early warning systems for transnational legal risks.
- Applying technology in judicial cooperation: Develop online systems for exchanging mutual legal assistance requests; apply AI for evidence verification and cross-border asset tracing; develop electronic authentication and biometric identification mechanisms for judicial cooperation.
* Alongside these orientations, several specific supporting solutions should be implemented under current conditions, including:
First, improving institutions and laws in line with international standards through review, amendment, and promulgation of legal documents consistent with treaties to which Vietnam is a party; timely domestic incorporation of international commitments on justice, human rights, and transnational crime prevention; and completion of legal mechanisms on mutual legal assistance, extradition, and transfer of sentenced persons.
Second, promoting the core and continuous role of foreign affairs and international cooperation in supporting the implementation of professional tasks of the justice sector, particularly those assigned under the four “pillar” resolutions, ensuring alignment with Party guidelines and State laws.
Third, further strengthening bilateral cooperation in law and justice, deepening and sustaining relations with neighboring countries, major powers, and traditional partners; effectively implementing signed cooperation agreements; proactively proposing new cooperation instruments to establish formal legal bases for expanded cooperation, aiming to build international legal and judicial cooperation with most major and friendly countries.
Fourth, promoting and elevating multilateral cooperation under the principle of “proactive participation and active promotion of national interests”; proposing long-term ASEAN initiatives in law and justice aligned with Vietnam’s priorities and common regional concerns; actively participating in and signing multilateral agreements; and improving implementation effectiveness of signed treaties.
Fifth, enhancing the effectiveness and efficiency of state management of international cooperation in law and judicial reform in accordance with Party directives and legal provisions, with emphasis on guidance, consultation, and inspection of implementation by agencies and localities.
Sixth, strengthening the capacity of legal and judicial personnel through advanced training in international law, comparative law, and legal foreign languages; expanding exchanges of experts, judges, prosecutors, and lawyers; encouraging participation in international judicial courses and conferences; and enhancing political and ideological education, especially for younger generations, to build resilience against negative aspects of international integration.
Seventh, accelerating technology application and digital transformation in judicial cooperation by developing shared legal databases connected with international partners; applying digital technologies in mutual legal assistance and exchange of electronic case files and evidence; and learning from international experience in e-courts and digital justice.
Eighth, strengthening dialogue and experience exchange through international forums and conferences on judicial reform and law; proactively sharing Vietnam’s experiences while learning from advanced international models; and promoting legal diplomacy to enhance national standing.
Ninth, ensuring adequate resources and effective coordination mechanisms by allocating sufficient financial and human resources for international cooperation; strengthening coordination among courts, procuracies, the Ministry of Justice, and the Ministry of Foreign Affairs; and establishing monitoring and evaluation mechanisms for cooperation effectiveness.
International cooperation in the fields of law and justice is an inevitable and objective trend for nations in the context of deep globalization and the current era of integration. As cross-border relations continue to expand, common challenges such as transnational crime, commercial disputes, migration, the protection of human rights, and the pursuit of justice require countries to strengthen coordination, share experience, and harmonize legal frameworks. In recent years, Viet Nam has achieved significant results in international cooperation on law and justice, ranging from the conclusion and participation in international treaties, as well as bilateral and multilateral agreements, to information exchange, human resource training, and international legal assistance. These achievements have not only contributed to improving the effectiveness of state management by law, but have also laid a solid foundation for the country’s process of international integration and sustainable development. In the coming period, continued renewal of legal thinking, further improvement of the legal system in line with international standards, and enhancement of the capacity for law enforcement and judicial implementation will be key solutions to increasing the quality and effectiveness of international cooperation, thereby contributing to the building of a socialist rule-of-law state and ensuring justice, order, and security for society../.
Dr. Nguyen Thanh Cuong
Hoa Sen University (Ho Chi Minh City)
REFERENCES
- Decree No. 26/2024/ND-CP on the management of international cooperation in law and judicial reform (Vietnam).
- Contents and forms of international cooperation in law and judicial reform effective from May 15, 2024.
- Regulation on legal coordination for international legal cooperation activities (Ministry of Foreign Affairs – Decision No. 3335).
- Report on judicial work and international cooperation of the Ministry of Justice (Hanoi).
- “International Cooperation in Law and Justice – Achievements and Orientations in the New Era” (Journal of Democracy and Law).
