MINISTRY OF JUSTICE MINISTRY OF EDUCATION AND TRAINING TRAN NGOC MINH CHAU 453544 INTERNATIONAL COOPERATION IN CRIMINAL MATTERS: A COMPARISON BETWEEN VIETNAMESE LAW AND CHINESE LAW GRADUATION THESIS MINISTRY OF JUSTICE MINISTRY OF EDUCATION AND TRAINING TRAN NGOC MINH CHAU 453544 INTERNATIONAL COOPERATION IN CRIMINAL MATTERS: A COMPARISON BETWEEN VIETNAMESE LAW AND CHINESE LAW Major: Comparative Law GRADUATION THESIS SUPERVISOR PHD. DAO LETHU STATUTORY DECLARATION Therewith formally declare that Ï myself have written the submitted Bachelor’s Thesis independently, the conclusions and data in the Bachelor's Thesis are truthfiul and reliable. Confirmation of Supervisor Author of Bachelor's Thess Đào Lê Thu INTRODUCTION. RATIONALE OF THE RESEARCH.
SCIENTIFIC AND PRACTICAL IMPLICATIONS OF THE 4 4. OBJECTIVES AND TASKS OF THE THESIS. THE OBJECT AND DELIMITATION OF THE THESI:. METHOD OLOGY AND RESEARCH METHODS OF THE THESIS.
STRUCTURE OF THE THESIS. GENERAL ISSUES OF INTERNATIONAL COOPERATION IN CRIMINAL MA TTERS. THE CONCEPT OF INTERNATIONAL COOPERATION IN CRDAINAL COOPERATION IN CRDAINAL MATTERS. The necessig; of international cooperation in criminal matters.22 The significance of international cooperation in criminal matters.
THE PRINCIPLES OF INTERNATIONAL COOPERATION IN CRDAINAL MATTERS. THE BASES FOR INTERNATIONAL COOPERATION IN CRDAINAL 1. Mutual ied Thư dụ acaba 1. FUNDAMENTALS OF LAWV GOVERNING INTERNATIONAL COOPERATION IN CRIMINAL MATTERS.
+20 CONCLUSION OF CHAPTER 1 CHAPTER 2. INTERNATIONAL COOPERATION IN CRIMINAL MATTERS UNDER CHINESE LAW. LEGAL FRAMEWORK FOR INTERNATIONAL COOPERATION IN CRIMINAL MATTERS IN CHINA .2, PRINCIPLES OF INTERNATIONAL COOPERATION IN CRIMINAL MATTERS UNDER CHINESE LÀN ss sicsioasdisossissiiccssscessscsnaisicsnebasssstuaivasessonssvssusssastobane’ 25 2.3, INTERNA TIONAL COOPERATION ASPECTS IN CRIMINAL MATTERS UNDER 2. CASES OF REJECTION OF INTERNATIONAL COOPERATION IN CRIMINAL MATTERS UNDER CHINESE LAW.
PROCEEDINGS OF INTERNATIONAL COOPERATION IN CRIMINAL MATTERS UNDER CHINESE LANWV. Competent agencies carrying out internationalsaa in criminal matters under Chinese law.2 Procedures of international cooperation iin er ninal matters under Chinese law. : 34 CONCLUSION OF CHAPTER 2. INTERNATIONAL COOPERATION IN CRIMINAL MATTERS UNDER VIETNAMESE LAW- COMPARING WITH CHINESE LAW AND PROPOSING FOR ITS IMPROVEMENT.
Legal framework for international cooperation in criminal matters in Vietram. Principles of international se pie in criminal matters under Vietnamese law. TT ÿ 41 313 International cooperation, aspects incriminalmatters m eunder Vietnamese law. — BB 314 ‘Cases ofrí ejection ofinternational cooperation imi n criminal matters under Vietramese law.
46 414 Proceedings international |cooperation in1 criminal matters under Vietramese law. COMPARING VIETNAMESE LAW WITH ˆ CHINESE LAW ON INTERNATIONAL COOPERATION IN CRIAINAL MA TTERS. Similarities between Vietnamese law and Chinese law on international COOPE ALON Uh CHMMAL MANETS .isnscssiecsvssenssssusissseresssssnssssccisnsaritiansesieassiee OO 322 Differences between Vietnamese law and Chinese law on international cooperation in criminal matters. PROPOSALS FOR THE IMPROVEMENT OF "VIETNAMESE LAW CONCERNING INTERNATIONAL COOPERATION IN CRIMINAL MATTERS FROM THE EXPERIENCES OF CHINA .ecsssscsessssessssesssescsnsnesnssnensansnssneecsaceneeneneenee CONCLUSION OF CHAPTER 3.
LIST OF REFERENCES. Rationale of the research Asa result of the acceleration of globalization and integration processes in the world, the states’ consolidation of efforts in multiple spheres in effective forms remains one of the priorities attracting the attention of the international community. In an integrated world, the issue of cross-border and transnational crime has become an inevitably growing concern. The threat of such crimes to national security, its obstruction of political, economic and social development, in tum, requires appropriate measures to be taken, with one of the foremost solutions being fighting against transnational crime at the intemational level! Understanding the need to accelerate international cooperation to combat the increasing spread of transnational crimes, the United Nations General Assembly declared that: “States have the duty to co-operate with one another, imespective of the differences in their political, economic and social systems, in the various spheres of international relations [.
Following the statement, intemational cooperation in all fields of life, particularly criminal proceedings, has become a significant part of the activities of United Nations’ States members, to which Vietnam is no exception The Political Bureau of Vietnam did promulgate Directive No. 48/CT-TW, stating one of the major tasks to be “expanding cooperation with foreign countnes and intemational organizations in the crime prevention and combat in order to effectively combat all crimes, especially organized transnational crimes, on the basis of judicial assistance agreements, treaties and national laws, and at the same time making the best use of foreign technical assistance to improve law enforcement institutions and capacity of law enforcers”>. However, from my perspective, despite the accumulated experience in intemational law, intemational cooperation in criminal proceedings in Vietnam in recent times has not met the requirements. For example, in the field of extradition, the number of extradition request dossiers received and processed is still limited There are many reasons why the enforcement of intemational cooperation in cnminal proceedings in Vietnam has not been effective, of which the biggest reason is due to the incompleteness of the legislation and the lack of a coordination mechanism ! “Internationalcooperation in crim ma] matters (based onthe analysisof Geman and Uzbek kegislationy.
‘Umarkhanora Dildora, Dean af the Faculty of Intemational Law and Comparative Legislation Of Tashkent State Unuversity Of Law, published in Berl Suudies Transnational Jounal of Science and Humanities, VoL2, Issue 1 4, 2022. * United Nations General Assembly, Declaration on iples of International Law conc. Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations, Resohtion 2625 (XV), 24 October 1970. 48/CT-TWof the Poltical Bureau ơn enluncing the puty's leadership over crime prevention and combat inthe new situation dated October 22, 2010.
1 between competent bodies. On the other hand, bordering it is China, a highly developed country with an effective system of international cooperation in criminal field. For instance, China has found a path of law-based counterterrorism that confomns to its realities by establishing a sound legal framework and promoting strict, impartial, procedure-based law enforcement.’ Therefore, a comparative research between Vietnam and China on this matter is necessary to enhance the effectiveness of Vietnamese legislation on international cooperation in criminal justice. Based on the foregoing, this thesis would elaborate on the topic “International cooperation in criminal matters: a comparison between Vietnamese law and Chinese law”.
This is a new comparative law study that does not overlap with published studies 2. Literature review In the world, the study of intemational cooperation in criminal matters has been conducted in-depth from various perspectives, including legislative basis, the practice and implementation in certain countries and regions, or its diplomatic nature In these researches, the comparative approach on the regulations conceming international cooperation in cnminal field in different parts of the world is one ofthe most focused issues. In the process of studying the topic, the author has consulted several documents and typical research reports in the form of scientific topics, master’s theses, doctoral theses, books and magazines. Comespondingly, some typical research projects can be summanized below: 2.
Foreign publications Several studies on the generals of international cooperation in criminal matters, including its magnitude, principles, mechanisms, bases and practice have been conducted by scholars around the world: + Article “Intemational Cooperation in Criminal Matters”, T. Matsuda, published in Journal of Criminal Law, 30/07/2015, Volume 54. + Article “General principles of cooperation in regards to intemational criminal law”, Albert Camil Rath Bosca, Gabriela Bologa, published in Agora intemational joumal of juridical sciences, 08/2021, Volume 15. * Intemational Cooperation mn Crim awl Procedure for Globalization and Intemational Integration Nguyen.
Ngọc Chi, Viemam National University, School af Law, VNU Joumal of Science: Jurisprudence, Vohme 34, No 2, 2018, p. * Chữu $ Legn] Framework and Measuresfor Counterterrorism, The State Council Information Office of the People’s Republic of China, Jawwry 2024,http /ini.chinn- embassy gov cavesp/sgaw/202402t20240201_11237595 hem 2 Article “Importance and necessity of international judicial cooperation in criminal matters”, Georgeta Modiga, Faculty of Law, Danubius University Galati, Agora Intemational Journal ofJuridical Sciences, No. Some worldwide study on the regulations as well as implementation of intemational cooperation in criminal matters are closely conducted in particular areas and regions in the world or under a comparative perspective for improvements on the existing legislations, such as: Article “The importance of judicial cooperation in criminal matters in the European Union with a special focus on countering EU threats and crime more effectively’, Jilija Muraru-Klucica, Ministry of Justice, Republic of Latvia Department of Intemational Cooperation, published in Socrates Electronic Scientific Journal of Law, Riga Stradimš University, Faculty of Law, Volume 2023, Issue 1-26, October 2023. Article "International cooperation in criminal matters (based on the analysis of German and Uzbek legislation)”, Umarkhanova Dildora, Dean of the Faculty of Intemational Law and Comparative Legislation Of Tashkent State University Of Law, published in Berlin Studies Transnational Joumal of Science and Humanities, Vol.4, 2022 Overall, albeit the study of international cooperation in criminal matters has been a topic of interest for a long time among legal scholars, most researches are concentrated on the general aspects ofthis concept, with an emphasis on the practice of it in places where there is a long history of regional cooperation, such as European Union.
Domestic publications Meanwhile, in Vietnam, intemational cooperation in criminal matters has also been a subject of study on a variety of aspects, such as its regulations, its specific activities, mechanisms, its practice in specific criminal activities, and some suggestions for the improvement of legislations conceming this issue, conducted within the scope of Vietnam or neighboring countries and regions: “International cooperation on criminal proceedings in the context of international economic integration” by Nguyen Ngoc Anh, published in People's Court magazine, No. Article "Cases of refusal of mutual legal assistance under Japanese and Vietnamese law in the context of developing the Law on Mutual Legal Assistance in Criminal Matters in Vietnam" by Duong Dinh Cong published in Law Profession magazine, No. + Article “Experience in criminal legal assistance activities of the Chinese Procuacy" by Nguyen Cam Tu published in Procuracy magazine, No. « Article “Intemational cooperation and mutual legal assistance in criminal matters in handling transnational wildlife trafficking crimes in Vietnam’, published in E3S Web Conference Journal, Volume 164, 2020.
Ingeneral, while the research into the use of intemational cooperation conceming crimunal cases in Vietnam have been elaborated from multiple aspects, including the approach of comparison with other countries, currently, there has not been a significant number of studies that directly compare the intemational cooperation in criminal matters as a whole between Vietnam and China. Scientific and practical implications of the Thesis Firstly, in terms of scientific significance, the thesis is a systematic study of intemational cooperation in criminal matters in Vietnam, along with a comparison with China. The research puts an emphasis on the necessity and significance of intemational cooperation in criminal matters, and evaluates the current legislative system on this issue. Eventually, the thesis aims to not only point out the magnitude of improving the relevant laws conceming intemational cooperation in cnmunal matters, but also enhance and strengthen the existing regulations and practice of it for a better effectiveness in a combat against transnational criminals in Vietnam.
Secondly, in terms of practical significance, the proposals and the recommendations of the thesis provided by a balanced curriculum of theoretical and practical research looks to contribute to the development of regulations regarding intemational cooperation in criminal matters in Vietnam. This thesis hopes to become a valuable reference for State agencies in the process of developing laws to ensure the effectiveness of the practice of intemational cooperation in criminal matters. In addition, the proposals intend to improve the efficiency of Vietnam's process of cooperating with other countries to prevent and combat transnational crimes. This also aims to be a resource to support further research activities in the field of international cooperation in criminal matters.
4, Objectives and tasks of the Thesis This thesis’ purpose is to make some proposals to improve the effectiveness of intermational cooperation in criminal matters of Vietnam from the neighboring China’s experiences.