Là gì

Nguyên tắc có đi có lại là gì?

Currently, due to the process of integration, the interaction between countries in many fields is becoming more and more extensive. Therefore, the principle of reciprocity was born and is recognized in the international law of Vietnam.

Therefore What is the principle of reciprocity? How is this principle regulated in Vietnam? Scroll through the article below to learn about this issue.

What is the principle of reciprocity?

The principle of reciprocity is the basic principle of international relations, according to which a country will apply a certain legal regime, be it national treatment or most favored nation treatment or some other benefit. certain benefits to foreign natural and juridical persons such as juridical persons. regimes, rights or privileges enjoyed by natural and juridical persons of that country in that foreign country.

Simply put, one country will give certain legal regimes to natural and legal persons similar to the legal regime that other countries give to its own natural and legal persons.

Therefore, if a state unilaterally fails to apply the principle of reciprocity to the nationals and legal entities of another country, and at the same time limits or damages its interests, it also has its own rights. measures to limit the rights of citizens and legal entities. of another country.

This is considered a retaliatory measure, one of the negative aspects of the principle of reciprocity. Therefore, the application of the principle of reciprocity depends on the specific circumstances and relations of the countries involved.

In Vietnam, the principle of reciprocity has been recognized in international law, in Article 2 of the Ordinance on Recognition and Implementation in Vietnam stipulating:A foreign arbitral award may also be considered for recognition and enforcement by a Vietnamese court on a reciprocal basis without conditions for signing or joining an international treaty.“.

Regulations on reciprocity

In addition to explaining What is the principle of reciprocity? We also share some of these guidelines with our readers.

Currently, the cooperation of countries in the world has become an inevitable trend, but in the process of cooperation, the most important thing to ensure is the international foundation “equal, all parties work together. beneficial”, so the application of the principle of reciprocity also contributes to affirming the above basis.

Reciprocity is understood as a country that will grant certain privileges or legal regimes to foreign individuals or legal entities, in return, individuals and their legal entities in foreign countries will also enjoy special privileges. similar.

Currently, the principle of reciprocity is expressed in two forms: actual reciprocity and formal reciprocity.

Substantial reciprocity: Accordingly, the host country will grant to foreign individuals and legal entities certain legal rights or privileges corresponding to those rights and preferences. legal documents that individuals and legal entities of the host country receive abroad.

– Formal reciprocity: The host country grants foreign individuals and legal entities a certain legal regime such as the most-favored nation regime, etc. to which the individual or legal entity of that country is entitled. received abroad.

The principle of reciprocity in international relations

The principle of reciprocity in the extradition of criminals of international law:

Accordingly, this principle recognizes that the requested State Party will fulfill the request only if it has received assurance from the requesting State that if a similar situation arose where the requested State Party would This country will certainly cooperate in the extradition of criminals.

This principle should ensure respect for the equal rights of nations, respect for the sovereignty of states, and at the same time not prevent other countries from voluntarily restricting their sovereignty and carrying out extradition. crime in the absence of the conditions to exclude this extradition.

Conversely, a state can also use its power to interpret its sovereignty, allowing criminal criminals to legally reside in its territory.

The principle of reciprocity in civil legal assistance:

According to the provisions of Clause 2, Article 4 of the Law on Mutual Legal Assistance: “In cases where there is no international treaty on legal assistance between Vietnam and a foreign country, mutual legal assistance activities shall be carried out on the principle of reciprocity. acquired but not contrary to Vietnamese law, in accordance with international law and practices. “

At the same time, in Article 5 of Joint Circular No. 12/2016/TTLT-BTP-BNG-TANDTC, competent Vietnamese agencies have the right to refuse to provide mutual legal assistance in civil matters to foreign countries on the principle that both sides. legal aid in civil matters. reciprocal rule in case:

+ When there are grounds to show that the foreign side does not provide mutual legal assistance in civil matters to Vietnam.

+ The provision of such legal aid is contrary to the basic principles of Vietnamese law.

– The principle of reciprocity in the recognition and enforcement of civil judgments and decisions of foreign courts and decisions of foreign arbitrators.

Accordingly, this principle holds that although under national sovereignty, a foreign law or judgment will not come into force directly in the territory of another country but from the convenience of civil transactions between Countries. States, countries may recognize the effect of judgments or decisions of other countries in its territory.

This principle is also expressed at Point b, Clause 1, Article 423 of the Civil Procedure Code: “Judgments and decisions on civil, marriage and family, business, commerce and labor; decisions on property in criminal or administrative judgments or decisions of foreign courts of which that country and the Socialist Republic of Vietnam are not parties to international treaties providing for the recognition and for enforcement of judgments and decisions of foreign courts on the basis of the principle of reciprocity;

With the content of the above article, we have explained to you about What is the principle of reciprocity? If you have any further questions about this, please contact us for direct support.

What is the principle of reciprocity?

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Nguyên tắc có đi có lại là gì?

Currently, due to the process of integration, the interaction between countries in many fields is becoming more and more extensive. Therefore, the principle of reciprocity was born and is recognized in the international law of Vietnam.

Therefore What is the principle of reciprocity? How is this principle regulated in Vietnam? Scroll through the article below to learn about this issue.

What is the principle of reciprocity?

The principle of reciprocity is the basic principle of international relations, according to which a country will apply a certain legal regime, be it national treatment or most favored nation treatment or some other benefit. certain benefits to foreign natural and juridical persons such as juridical persons. regimes, rights or privileges enjoyed by natural and juridical persons of that country in that foreign country.

Simply put, one country will give certain legal regimes to natural and legal persons similar to the legal regime that other countries give to its own natural and legal persons.

Therefore, if a state unilaterally fails to apply the principle of reciprocity to the nationals and legal entities of another country, and at the same time limits or damages its interests, it also has its own rights. measures to limit the rights of citizens and legal entities. of another country.

This is considered a retaliatory measure, one of the negative aspects of the principle of reciprocity. Therefore, the application of the principle of reciprocity depends on the specific circumstances and relations of the countries involved.

In Vietnam, the principle of reciprocity has been recognized in international law, in Article 2 of the Ordinance on Recognition and Implementation in Vietnam stipulating:A foreign arbitral award may also be considered for recognition and enforcement by a Vietnamese court on a reciprocal basis without conditions for signing or joining an international treaty.“.

Regulations on reciprocity

In addition to explaining What is the principle of reciprocity? We also share some of these guidelines with our readers.

Currently, the cooperation of countries in the world has become an inevitable trend, but in the process of cooperation, the most important thing to ensure is the international foundation “equal, all parties work together. beneficial”, so the application of the principle of reciprocity also contributes to affirming the above basis.

Reciprocity is understood as a country that will grant certain privileges or legal regimes to foreign individuals or legal entities, in return, individuals and their legal entities in foreign countries will also enjoy special privileges. similar.

Currently, the principle of reciprocity is expressed in two forms: actual reciprocity and formal reciprocity.

– Substantial reciprocity: Accordingly, the host country will grant to foreign individuals and legal entities certain legal rights or privileges corresponding to those rights and preferences. legal documents that individuals and legal entities of the host country receive abroad.

– Official reciprocity: The host country grants foreign individuals and legal entities a certain legal regime such as the most-favored nation regime… which individuals and legal entities enjoy. received abroad.

The principle of reciprocity in international relations

The principle of reciprocity in the extradition of criminals of international law:

Accordingly, this principle recognizes that the requested State Party will fulfill the request only if it has received assurance from the requesting State that if a similar situation arose where the requested State Party would This country will certainly cooperate in the extradition of criminals.

This principle should ensure respect for the equal rights of nations, respect for the sovereignty of states, and at the same time not prevent other countries from voluntarily restricting their sovereignty and carrying out extradition. crime in the absence of the conditions to exclude this extradition.

Conversely, a state can also use its power to interpret its sovereignty, allowing criminal criminals to legally reside in its territory.

– Principle of reciprocity in civil legal assistance:

According to the provisions of Clause 2, Article 4 of the Law on Mutual Legal Assistance: “In cases where there is no international treaty on legal assistance between Vietnam and a foreign country, mutual legal assistance activities shall be carried out on the principle of reciprocity. acquired but not contrary to Vietnamese law, in accordance with international law and practices. “

At the same time, in Article 5 of Joint Circular No. 12/2016/TTLT-BTP-BNG-TANDTC, competent Vietnamese agencies have the right to refuse to provide mutual legal assistance in civil matters to foreign countries on the principle that both sides. legal aid in civil matters. reciprocal rule in case:

+ When there are grounds to show that the foreign side does not provide mutual legal assistance in civil matters to Vietnam.

+ The provision of such legal aid is contrary to the basic principles of Vietnamese law.

– The principle of reciprocity in the recognition and enforcement of civil judgments and decisions of foreign courts and foreign arbitral awards.

Accordingly, this principle holds that although under national sovereignty, a foreign law or judgment will not come into force directly in the territory of another country but from the convenience of civil transactions between Countries. States, countries may recognize the effect of judgments or decisions of other countries in its territory.

This principle is also expressed at Point b, Clause 1, Article 423 of the Civil Procedure Code: “Judgments and decisions on civil, marriage and family, business, commerce and labor; decisions on property in criminal or administrative judgments or decisions of foreign courts of which that country and the Socialist Republic of Vietnam are not parties to international treaties providing for the recognition and for the enforcement of judgments and decisions of foreign courts on the basis of the principle of reciprocity;

With the content of the above article, we have explained to you about What is the principle of reciprocity? If you have any further questions about this, please contact us for direct support.

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What is the principle of reciprocity?

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