Directive No. 01/2001/CT-BTP On Implementing Key Tasks of Judicial Work in 2001

DIRECTIVE

On the implementation of key tasks of judicial work in 2001

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The year 2001 marks the beginning of the New Century and Millennium, the year when the Communist Party of Vietnam convenes the Ninth National Congress to set out the Strategy for Economic and Social Development from 2001 to 2010, and the Five-Year Plan for Economic and Social Development (2001-2005).

As for judicial work, 2001 is also the first year focusing on implementing the Resolution of the Ninth National Congress of the Party, strictly adhering to the Resolution of the Eighth Session of the Tenth National Assembly, and the Program of Work of the Government for 2001: "Improving the quality of activities of judicial bodies; promptly consolidating and strengthening organizational structures, cadres, enhancing the effectiveness of operations of local People's Courts and enforcement agencies; addressing the shortage and weakness of judicial cadres; achieving fundamental changes in enforcement work... ensuring that no criminals are overlooked and no innocent people are wrongfully convicted; meeting the requirements of administrative reform, judicial reform, and the modernization and industrialization of the country." These are the main directions for the key tasks of judicial work in 2001 and subsequent years.

To ensure the effective implementation of the above directions, the Minister of Justice issues instructions on organizing the implementation of key tasks of judicial work in 2001 as follows:

I. KEY TASKS

1. The entire judicial sector shall organize the study and implementation of the Resolution of the Ninth National Congress of the Party.

Based on the content of the Resolution of the Congress, units under the Ministry of Justice must proactively study relevant contents, timely institutionalize them into programs and projects of the sector as a basis for guiding local Departments of Justice and People's Courts at provincial level to concretize at their own levels and advise Party committees and governments at all levels to institutionalize the Party's Resolution into practical judicial work at the grassroots level, thereby enhancing the efficiency of operations, promoting the development of judicial work to a new level, serving the requirements of administrative reform, judicial reform, and the modernization and industrialization of the country in the first year of the century and subsequent years.

2. Organizing the implementation of the project to consolidate and streamline the organization, reduce personnel quotas, and enhance the operational capacity of judicial bodies.

2.1. Drafting the project, researching, and clearly defining the content and state management authority of the Ministry of Justice and local authorities at various levels regarding judicial work and administrative justice, based on which to submit to the Government for issuance or issue within its jurisdiction regulations on the functions, duties, powers, and organizational structure of the Ministry of Justice and local judicial bodies.

2.2. In 2001, efforts will be concentrated on reinforcing and enhancing the capacity and effectiveness of operations of local People's Courts and civil enforcement agencies, fundamentally addressing the problem of insufficient and weak judicial staff. Attention should be given to training, upgrading, and improving the theoretical, political knowledge, legal expertise, and professional skills of Judges and Enforcement Officers; promptly addressing the backlog of cases due to a lack of Judges and Enforcement Officers, ensuring that by the end of 2002 there will be sufficient Judges and Enforcement Officers as required.

Completing draft projects prepared since 1999: submitting the Code of Conduct for Judges, Honorary Titles for Judges, and the Operational Regulations of Local People's Courts to leadership for approval in April; completing these in June.

Paying attention to cultivating the moral character, professional integrity, and responsibility of local court staff, reducing erroneous judgments, and striving to eliminate overturned judgments. When a judgment is overturned or revised, the cause must be identified, lessons learned, and if it is due to negligence or subjective fault of the Judge, timely disciplinary action must be taken.

2.3. Local Departments of Justice and Judicial Offices shall report to the People's Committees at the same level on the consolidation of judicial staff at the grassroots level to effectively serve the People's Committees in managing state affairs and implementing judicial work at the grassroots level; reinforcing the Judicial Boards at communes, wards, and towns; arranging and stabilizing the cadre of judicial and household registration officers according to Decree No. 09/1998/ND-CP dated January 23, 1998 on living allowances for commune, ward, and town cadres, Decree No. 83/1998/ND-CP dated October 10, 1998 on household registration, and Decree No. 75/2000/ND-CP dated December 8, 2000 on notarization and certification; training and upgrading legal knowledge and professional skills so that this cadre can master basic judicial work, assisting the People's Committees in implementing judicial tasks within their jurisdiction.

Building, reinforcing, and consolidating the Inspection Department of the Department of Justice, strengthening guidance and direction of inspection work by the Ministry's Inspection Department to assist the Director of the Department in inspecting and supervising according to their authority.

In the first quarter of 2001, the Department of Cadre Organization and Training, the Institute of Legal Science Research, and related units at the Ministry, together with local Departments of Justice, shall conduct surveys of the cadre of judicial staff at the commune level to develop plans and measures for reinforcing, consolidating, training, and upgrading the qualifications of this cadre.

2.4. Consolidating organizational structures, arranging, and deploying cadres and civil servants in units under the Ministry of Justice according to the approved project. Issuing the Regulation on the Organization and Operation of Units under the Ministry of Justice.

2.5. Continuing to implement training, retraining, and professional upgrading for the cadre of civil servants in the judicial sector, prioritizing positions such as Judge, Court Clerk, Enforcement Officer, Notary Public, and Inspector in the judicial sector, Lawyer.

Organizing training and professional management courses for newly appointed Directors and Deputy Directors of Departments of Justice, Presidents and Vice-Presidents of Local People's Courts (in the second and third quarters).

2.6. Amend and supplement Decision No. 141/QD-QLTA-THA dated March 21, 1994 of the Minister of Justice on the decentralization of management regarding the organizational structure of People's Courts at district level and Enforcement Offices, Enforcement Teams; Decision No. 142/QD-QLTA dated March 21, 1994 of the Minister of Justice on delegating authority to the Presidents of People's Courts at provincial level to manage the organizational structure of People's Courts at provincial level; Regulation No. 91/TP-TA dated January 19, 1994 of the Ministry of Justice and the Supreme People's Court on cooperation between the Directors of Departments of Justice and the Presidents of People's Courts at provincial level in managing the organizational structure of People's Courts at district level. The Directors of Departments of Justice shall proactively coordinate with the Presidents of People's Courts at provincial level to organize inspections of the operations of People's Courts at district level.

On this basis, improve the procedures and implement the mechanism for decentralization and delegation regarding the transfer and reassignment of Judges and Enforcement Officers; regarding the management of operating funds of local People's Courts and enforcement agencies to enable the Directors of Departments of Justice and the Presidents of People's Courts at provincial level to effectively perform their management tasks concerning organization, operation, and funding of these agencies; Regulations on the working relationship between units under the Ministry and local judicial agencies, local People's Courts.

Implement the Prime Minister's Decision on the occupational allowance system for Judges, Court Secretaries, and Enforcement Officers.

The Cadre Organization and Training Department shall take the lead, urge, and coordinate with the Local Courts Management Department, the Civil Enforcement Management Bureau, the Planning and Finance Department, and the Judicial Cadres Training Institute to implement the above tasks within their respective scopes of responsibility.

2.7. Local judicial agencies shall advise and propose to the Party committees and authorities at all levels to effectively implement the project on "enhancing the role of local judicial agencies in maintaining social order." Firstly, they shall advise and propose measures to implement the Law on Petitions and Complaints, thereby enhancing the responsibility of local agencies and departments in handling citizens' petitions and complaints.

Strengthen guidance and direction of grassroots mediation activities.

3. Continue to make fundamental changes in civil enforcement work.

3.1. In 2001, there must be a significant reduction in pending cases. The Civil Enforcement Management Bureau shall cooperate promptly to complete guiding documents to resolve difficulties in civil enforcement work, and direct the Provincial Justice Departments to instruct the Enforcement Offices and Teams to develop specific plans, proposals, and effective measures to review and resolve pending cases; Enforcement Offices and Teams shall regularly review and evaluate their performance monthly, clarify the responsibilities of the heads of enforcement agencies and individual Enforcement Officers for pending cases, and identify the reasons for the backlog. For cases where the backlog is due to lack of responsibility or subjective fault of the head of the enforcement agency or Enforcement Officer, timely criticism and appropriate action must be taken. Each quarter, report the situation, advise the People's Committee at the same level to guide civil enforcement work locally, and address the issue of many judgments not being strictly enforced.

3.2. Based on the provisions of the Law on the Organization of People's Councils and People's Committees at all levels, local judicial agencies shall proactively advise and propose to the leadership of the People's Committees at the same level to establish a Civil Enforcement Steering Committee chaired by the Chairman (or Vice-Chairman) of the People's Committee directly, including representatives from judicial agencies, public security organs, prosecution offices, the United Front Work Committee, and mass organizations, with the judicial agency serving as a permanent member to guide civil enforcement work locally.

3.3. For major cases and complex, urgent situations at the local level, the Civil Enforcement Management Bureau must promptly coordinate with the Provincial Justice Departments to develop plans and measures to direct enforcement agencies to carry out enforcement, resolve difficulties, and provide direct support if necessary to ensure effective enforcement, and report quarterly to the Ministry's leadership.

3.4. Organize specialized coordination meetings on enforcement work (quarterly at the local level, twice a year at the central level by the Ministry of Justice) to assess the results of enforcement work, criticize the responsibilities of each level: the Civil Enforcement Management Bureau, Provincial Justice Departments, Enforcement Offices, and Enforcement Teams in implementing the Minister's Directive on making fundamental changes in civil enforcement work. Coordination meetings must be organized regionally (mountainous areas, plains, urban areas...) to ensure effectiveness and practicality, drawing lessons and proposing appropriate measures for each region.

3.5. Timely and properly handle complaints and reports about enforcement work. Focus on resolving prominent, contentious, and long-standing cases. Heads of enforcement agencies, Directors of Departments of Justice, and Chiefs of the Civil Enforcement Management Bureau must take measures to limit prolonged appeals beyond their jurisdiction regarding civil enforcement.

By the second quarter, submit to the Ministry's leadership for issuance of the Code of Conduct for Enforcement Officers.

4. Regarding the task of building laws and organizing the implementation of legal documents.

In 2001, many normative legal documents will be issued, particularly in preparation for amending the Constitution and Laws on state administrative structures, including many legal documents in the judicial sector that are directly responsible for drafting, organizing implementation, and providing guidance on implementation. To implement the National Assembly's legislative program, the Government's work program, and the work programs of People's Committees at all levels, the entire sector must have timely and specific plans from the beginning of the year, specifically:

4.1. Improve the work of drafting normative legal documents led by the Ministry of Justice, establish a mechanism to strengthen and enhance the role of the Ministry of Justice's Review Board in reviewing draft documents prepared by the Ministry; leverage the expertise of specialized units within the Ministry in reviewing draft normative legal documents to enhance the responsibility and quality of the Ministry of Justice's review of draft normative legal documents according to Decree No. 101/ND-CP dated September 23, 1997.

Summary of implementation and review of the execution of Decree No. 101/ND-CP dated September 23, 1997, of the Government detailing the implementation of certain provisions of the Law on Enacting Legal Normative Documents.

4.2. The Departments of Justice and Justice Offices shall assist the People's Committees at the same level in drafting programs for issuing legal normative documents of the locality and reviewing documents when assigned. The Justice Offices at the district level shall assist the People's Committees at the same level in reviewing local conventions and village regulations before the People's Committee approves them.

Legal system organizations shall assist ministries and sectors in reviewing legal normative documents before issuance or submission for comments and presentation to competent authorities.

4.3. Effectively implement Directive No. 15/2000/CT-TTg dated August 9, 2000, of the Prime Minister regarding the organization of enforcement of the Marriage and Family Law 2000. Heads of units under the Ministry, Directors of Justice Departments, and Presidents of Provincial People's Courts must ensure the effective implementation of tasks assigned by the Minister (as per Notification No. 1542/TB-BTP dated August 30, 2000, of the Ministry of Justice) concerning Directive No. 15/2000/CT-TTg dated August 9, 2000, of the Prime Minister. Local judicial agencies shall coordinate with relevant agencies and organizations to advise and propose to the People's Committees at the same level to intensify propaganda, dissemination, and education on the Marriage and Family Law among the people. Plans shall be made to organize marriage registration for actual marriages according to the Resolution of the National Assembly.

4.4. Continue to implement the Criminal Code (1999) pursuant to the Resolution of the National Assembly, the Standing Committee of the National Assembly, and the Directive of the Prime Minister; review implementing documents of the Criminal Code (1985); complete the drafting and submission of guiding documents for the implementation of the Criminal Code (1999) to competent authorities for promulgation, for documents assigned to the Ministry of Justice.

The Hanoi University of Law, the Training Institute for Judicial Positions, the Department of Legal Propaganda and Education shall cooperate with the Institute of Legal Science Research, the Department of Criminal and Administrative Law, the Department of Civil and Commercial Law, the Department of International Cooperation, and related agencies to complete the review of teaching materials related to Criminal Law, Marriage and Family Law, and other relevant subjects in schools to amend and supplement them in accordance with newly issued documents.

4.5. Units under the Ministry of Justice within their functions must promptly organize the implementation and training on new documents and provide guidance on their implementation to judicial agencies, judicial auxiliary agencies, and organizations when new documents are issued.

Units with management functions at the Ministry of Justice (Local Court Management Department, Lawyer and Legal Consultation Department, Notarization, Appraisal, Household Registration, Citizenship, and Personal Record Department, Planning and Finance Department, Civil Enforcement Management Bureau, Legal Aid Bureau) must promptly advise the Ministry Leadership to issue guiding and directing documents for urgent issues arising from practical management and activities of the sector and localities.

5. Improve service quality and resolve legal institutional obstacles in judicial auxiliary and administrative judicial activities.

5.1. Units under the Ministry of Justice within their functions must proactively research, propose solutions, build institutions, continue to reform administrative procedures in judicial auxiliary and administrative judicial activities, create a transparent mechanism to serve the economic and social development of the country and the needs of citizens.

5.2. Local judicial agencies shall report to the People's Committees at the same level to effectively implement the Year of Birth Registration for Children campaign, ensuring timely birth registration; the Department of Notarization, Appraisal, Household Registration, Citizenship, and Personal Record shall develop plans to guide Justice Departments in organizing mobile registration to villages, hamlets, neighborhoods, and clusters of residents to register births for children, aiming to largely eliminate overdue birth registrations, especially in remote, mountainous areas, and ethnic minority regions.

Conduct a two-year summary of the implementation of Decree No. 83/1998/ND-CP dated October 10, 1998, on household registration; a five-year summary of the implementation of Decree No. 184/CP dated November 30, 1994, on foreign element marriage and family relations; a five-year summary of the implementation of Decree No. 92/1998/ND-CP dated October 11, 1998, on foreign law firms practicing in Vietnam; and Decree No. 117/HĐBT dated July 21, 1988, on forensic appraisal.

Organize meetings and contests "Excellent Household Registration Officers" from grassroots levels up to national-level meetings and contests by the end of 2001. Strengthen management to improve the quality of lawyer activities and forensic appraisal activities.

Complete the drafting and submission for leadership approval of the Code of Professional Ethics for Lawyers by April.

5.4. Continue to implement Directive No. 05/2000/CT-TTg dated March 1, 2000, of the Prime Minister on strengthening legal aid work, building a network of legal aid volunteers in various regions.

Expand legal aid activities. The Legal Aid Bureau shall develop plans to guide, support, and strengthen mobile legal aid services to those eligible for free legal aid from the state, meeting the increasing and diverse needs of the people, enhancing the effectiveness of legal education through legal aid, and increasing public trust in the law.

Strive to have Legal Aid Centers operational in all 61 provinces and centrally-administered cities by the end of 2001 and effectively implement their activities.

Continue to create significant changes in legal education and dissemination work.

6.1. Strengthen organizational structure, maintain, and enhance the effectiveness of the coordination council for legal education and dissemination at all levels. Ensure funding for legal education, dissemination, and publicity activities.

6.2. Focus on disseminating and educating the law in grassroots areas through practical and mass forms to inform and disseminate laws to the broad masses of the people, especially in remote, difficult, and ethnic minority areas, in accordance with the spirit of Joint Resolution No. 01/1999/NQLT of the Ministry of Justice - Ministry of Culture, Sports and Tourism - Committee for Ethnic Minorities and Mountainous Areas - Ministry of Agriculture and Rural Development - Vietnam Farmers' Union.

Article 1 | Summarize the results of the competition to understand the Criminal Code (1999); encourage organizing competitions to understand laws according to each locality for specific groups under the provincial coordination council's chairmanship.

6.3. Local judicial agencies assist the People's Committee at the same level in organizing reviews and evaluations of the three-year implementation of Directive 02 and Decision 03 dated January 7, 1998 of the Prime Minister on strengthening the dissemination and education of laws.

6.4. Complete the construction of Legal Bookshelves at communes, wards, and towns nationwide according to the approved project by the Prime Minister. Update the compilation of general legal books for Legal Bookshelves and educational materials on law dissemination and education to suit different target groups. Organize effective exploitation of Legal Bookshelves to meet the public's need to understand laws; implement the construction of Legal Bookshelves in agencies, units, schools, and enterprises.

6.5. The Department of Justice shall coordinate with the Department of Education and Training to organize training and enhance the legal knowledge of teachers teaching Civic Education in secondary schools and Law subjects in vocational high schools, colleges, and universities.

6.6. The Law Newspaper, Democratic and Law Journal, Enforcement News, and legal newspapers of the Ministry and local judicial agencies must improve the quality of information, focusing on disseminating and educating laws, reflecting the implementation of key tasks of the judicial sector, lively realities of judicial life, exchanging professional matters, contributing to fulfilling the sector's and local tasks.

7. Strengthen research and construction of international laws, enhance the effectiveness of international cooperation in judiciary and law.

7.1. Proactively organize research on the Vietnam - United States Trade Agreement to timely propose amendments and supplements, and build regulatory legal documents to effectively implement commitments after the Agreement takes effect.

7.2. Study urgent legal issues in international treaties that our country has signed to advise and propose solutions to the State. Promote the activities of the ASEAN - WTO Working Group and the Task Force reviewing legal regulatory documents in the field of international trade.

7.3. Strictly manage international cooperation activities in judiciary and law according to the authority delegated by Decree No. 103/ND-CP dated December 26, 1998 of the Government. Enhance the management efficiency and quality of legal cooperation projects with foreign countries and international organizations. Timely organize the execution of judicial commissions. Coordinate to prepare and organize well the meetings of sponsors cooperating on law.

8. Enhance the effectiveness of scientific research activities, practically serving the implementation of key tasks of judicial work.

8.1. Vigorously carry out legal scientific research work, ensuring close connection and adherence to serve the activities of the judicial sector. Proactively study issues related to building legal strategies and judiciary, and mechanisms for bringing laws into social life. When organizing legal scientific research, it is necessary to implement a mechanism to mobilize the wisdom of the entire sector, focus on grassroots levels through comprehensive practical summary topics, grasp practical needs, distill creative ideas from practice, and find answers to problems posed by reality.

8.2. Select and utilize the results of scientific research to serve the improvement of organization and enhancement of activities of the judicial sector. Prioritize key tasks in Directive No. 01/2001, link scientific research activities with practical activities, promptly summarize practical experiences, and propose solutions to serve organizational and operational reforms of the sector and the judicial reform process.

8.3. The Institute of Legal Scientific Research, the Personnel and Training Department shall cooperate with relevant agencies within the sector and related agencies to organize the Project on researching and building a system of judicial positions. On this basis, continue to perfect the Strategy Project for planning the cadre team of the judicial sector until 2010 in accordance with the spirit of Resolution No. 3 (Session VIII) and Resolution No. 7 (Session VIII) of the Central Committee.

8.4. Judicial journals and legal scientific information need to continue to innovate, clearly demonstrating their role in research and guidance to propose solutions with significant scientific and practical value in judicial activities.

9. Consolidate organization and enhance the effectiveness of operations of legal institutions in the sector.

Organize a mid-term review of the three-year implementation of Decree No. 94/CP dated September 6, 1997 of the Government on the organization of legal institutions in ministries, ministerial-level agencies, and government agencies; thereby proposing and advising the Government to amend and supplement Decree No. 94/CP. Unify models and improve the organization of legal institutions in state agencies and economic-social organizations at the central level; enhance the position and role of legal institutions to truly be the focal point in legal work of ministries, sectors, and localities.

Establish legal institutions in provincial departments, committees, economic organizations, primarily state-owned enterprises.

Strengthen activities to ensure the practical effectiveness of Enterprise Legal Clubs.

II. IMPLEMENTATION OF THE DIRECTIVE

1. Directors of Provincial Departments of Justice, Presidents of Provincial People's Courts, Heads of Units under the Ministry, and legal institutions of sectors and agencies shall base this Directive and the specific situation and tasks at their localities, agencies, and units to organize the implementation of the Directive, develop local and unit judicial work programs, ensuring implementation according to schedule; strengthen supervision and inspection of subordinates, promptly report and reflect difficulties and inadequacies in activities to allow the Ministry to timely adjust and supplement to ensure the effectiveness of management, guidance, and operation.

The Director of the Provincial Department of Justice and the President of the Provincial People's Court have the responsibility to report and advise the Party Committee, People's Council, and People's Committee at the locality about the implementation of this Directive.

Legal institutions have the responsibility to report and propose to the Heads of sectors and agencies about the implementation in their respective sectors and agencies.

2. The leaders of the Ministry and the heads of units under the Ministry of Justice shall be responsible for closely following localities according to the specialized functions and tasks of their units and the areas assigned to them (as per Notification No. 2048/TB-BTP dated November 18, 1999); promptly guiding and answering any difficulties and recommendations from localities regarding specialized matters; reporting quarterly to the Minister on the results of handling such difficulties and recommendations from localities.

Ensure funding and material resources for local People's Courts and enforcement agencies to fulfill their tasks.

Based on the tasks assigned in this Directive, within the month of February, units under the Ministry of Justice must complete guidance on implementing each task and work item to local judicial agencies and local People's Courts within their respective functions and tasks.

The Minister and Deputy Ministers ensure that they visit localities at least once or twice a month, and at least three or four times every quarter, working with local leadership to ensure that all provincial-level localities are visited annually.

Heads of units under the Ministry regularly visit localities and directly dialogue with staff in their field of responsibility; Provincial People's Court Presidents and Department of Justice Directors regularly meet and dialogue with staff in subordinate units regarding tasks under their responsibility.

3. Vigorously promote patriotic emulation movements throughout the sector, organizing special emulation campaigns to celebrate the Ninth National Party Congress; striving to implement well the Resolution of the Ninth National Party Congress, linking emulation movements with efforts to complete key judicial tasks in 2001.

Each locality and unit selects and identifies certain urgent fields of work to launch emulation campaigns to improve the situation and enhance work outcomes.

Continue to strengthen the Emulation and Reward Councils of the judicial sector and at the grassroots level, timely completing guidance and directives on emulation and reward activities in new circumstances. Address delays and backlog issues in emulation and reward activities.

4. Strengthen inspection and supervision of official duties, professional practices, work regulations, management systems of the sector, and organize inspections to implement this Directive.

In 2001, focus on inspecting and supervising the responsibilities of those in charge of managing and operating agencies and units in implementing professional work regulations, financial management regulations, and the Directive of the Minister.

Maintain discipline, strengthen administrative and official discipline, attach importance to self-inspection and periodic and surprise inspections, organize cross-regional inspections; promptly correct and handle violations, thereby summarizing practical experiences to proactively adjust, supplement, issue, or propose the construction of regulatory documents for guidance and management.

Quarterly, Directors of Provincial Departments of Justice, Presidents of Provincial People's Courts, and Heads of units under the Ministry of Justice shall organize inspection teams to review the implementation of this Directive and report the results to the Ministry.

The Ministry of Justice will organize two rounds of inspections on the implementation of this Directive in the first six months and the last six months of the year. Link inspection activities with the evaluation and selection of emulation titles and rewards.

The Ministry's Office is responsible for monitoring and urging the implementation of this Directive, periodically compiling the results of its implementation to report to the Minister./.