Directive No. 01/2003/CT-BTP On Implementing Key Tasks of Judicial Work in 2003

DIRECTIVE

On the implementation of key tasks of judicial work in 2003

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After one year of implementing Directive No. 01/2002/CT-BTP issued by the Minister of Justice on the implementation of key tasks of judicial work in 2002, especially since the implementation of Resolution No. 08-NQ/TW dated January 2, 2002 of the Politburo on some key tasks of judicial work in the near future, judicial work throughout the country has made new progress, many key tasks and fields of work have been strictly implemented with high efficiency; the role, responsibility, and prestige of the judiciary sector have been increasingly affirmed, contributing positively to the overall achievements of the country in the process of reform and active economic international integration. Achieving these results is due to the leadership, guidance, and creation of favorable conditions by the Party and State, local party committees, authorities, and ministries and sectors for judicial work; it is also the result of the efforts and determination of the entire workforce of the sector.

However, in light of the demands of reality for judicial reform and the requirements of the Party, State, and people, the current quality of judicial work is not yet at par; alongside positive changes, there are still shortcomings and limitations: the work of building legal systems is inadequate in response to the requirements of state management through law; the dissemination, popularization, and education of laws are still carried out in a movement-like manner, heavily relying on written materials and books; civil enforcement work has made progress but still faces many pressing issues; some areas of work continue to face significant difficulties, requiring more substantial changes. The organizational structure, functions, responsibilities, and operational mechanisms of judicial agencies and legal departments of ministries and sectors have not yet been truly stable and have not been promptly improved; while the cadre workforce has made rapid progress, they generally still fail to meet the increasingly high demands of judicial work, with some lacking responsibility, failing to be dedicated in their work, or engaging in corruption.

In 2003, the general situation of the country and the requirements of judicial reform, administrative reform, accelerating legislative work, and actively integrating into the international economy place heavy new tasks before judicial work. To create fundamental and comprehensive changes in all aspects of judicial work, continue to strictly implement Resolution No. 08 of the Politburo, the National Assembly's resolution on tasks for 2003, Directive No. 10 of the Prime Minister, and the Action Program of the Judiciary Sector for the period 2002-2007, in addition to regular work deployment, the Minister of Justice issues directives on the implementation of key tasks of judicial work in 2003 as follows:

I- KEY TASKS

1- Enhance quality and ensure progress in the work of building legal systems.

2003 is the first year of implementing the reform of the procedures for drafting and promulgating normative legal documents according to the Law Amending and Supplementing Certain Provisions of the Law on Enacting Normative Legal Documents, the work of building legal systems of the National Assembly, Government, ministries, and localities is particularly emphasized with a large workload, requiring units throughout the Judiciary Sector to concentrate their intellect, make extraordinary efforts with high determination to complete the tasks.

In January 2003, the Head of the Civil and Commercial Law Department will coordinate with Heads of other law drafting departments under the Ministry of Justice to develop specific plans assigning units to take the lead, cooperate in drafting, reviewing projects and draft normative legal documents within the National Assembly's Legislative Program and the Government's Work Program for 2003, to be submitted for approval by the Ministry's leadership for prompt implementation from the beginning of the year.

In 2003, all pending normative legal documents and proposals with deadlines set in 2002 must be completed; focus on completing proposals and documents assigned by the Prime Minister in Directive No. 10/2002/CT-TTg dated March 19, 2002; proposals and documents registered for submission and seeking opinions from the Politburo, Secretariat, Government, Prime Minister, and those assigned by the Judicial Reform Steering Committee; proposals and documents issued by the Ministry of Justice within its authority.

In February 2003, legal departments of ministries and sectors, Departments of Justice at provincial levels will develop plans and programs for drafting normative legal documents of ministries, sectors, and localities, report to the leadership of ministries and sectors, and provincial People's Committees for approval; coordinate with relevant units under ministries and sectors, departments, and bureaus to implement.

In 2003, establish organizations for inspecting normative legal documents at the Ministry of Justice and all Departments of Justice; form specialized inspection staff for normative legal documents at all legal departments of ministries and sectors, and Judicial Offices at district levels; develop mechanisms for inspecting normative legal documents in important fields.

Organize training and capacity-building courses on law drafting and inspecting normative legal documents for judicial cadres at Departments of Justice, Judicial Offices, and legal officers at ministries and sectors.

Popularize the results of scientific legal research that have been approved for application in the activities of building legal systems and practical judicial work.

2. Continue to significantly transform civil enforcement work.

In 2003, the Judiciary Sector and local authorities will focus on guiding civil enforcement agencies to implement six major solutions comprehensively reported by the Government to the second session of the XIth National Assembly to strengthen and improve the effectiveness of civil enforcement work. Specifically:

In the first quarter of 2003, submit to the Government and the Standing Committee of the National Assembly the draft Ordinance amending and supplementing certain provisions of the Ordinance on Civil Enforcement and detailed decrees implementing the Ordinance. Develop proposals to submit to the Government and the Standing Committee of the National Assembly regarding mechanisms for handling long-standing unresolved cases without execution conditions, and mechanisms for exemption and reduction of execution for certain amounts payable to the State budget in civil enforcement.

Focus on improving the organization of Enforcement Teams, prioritizing the supplementation of staff for enforcement agencies in Hanoi City, Ho Chi Minh City, and provinces with a large number of cases to be enforced; by the second quarter of 2003, resolve the situation where a Team has only one enforcement officer; complete the comprehensive review of the enforcement officer corps according to the Resolution No. 08 of the Politburo and the Steering Committee for Judicial Reform; continue to train civil enforcement business for enforcement officers; inspect the implementation of ethical standards for enforcement officers; strengthen measures to purify the corps of officers, enhance their sense of duty and moral character.

The Director of the Civil Enforcement Management Department shall proactively advise the Ministry's leadership on directing, guiding, and directly inspecting the business of civil enforcement agencies; focus on directing the enforcement of pending complex cases that have been prolonged, involving multiple levels and sectors, and major cases; the Head of the Provincial Civil Enforcement Department shall directly bear responsibility before the Director of the Civil Enforcement Management Department and the Provincial Department of Justice for the enforcement of laws, maintaining discipline, and the results of enforcement under their management at the local level.

The Director of the Department of Justice shall be responsible for advising and proposing to the local Party committee and government to promote the activities of the Provincial and District Civil Enforcement Steering Committees; regularly urge and inspect civil enforcement agencies at the local level; ensure the resolution of complaints and petitions regarding civil enforcement at the place of occurrence according to Directive No. 09-CT/TW dated March 6, 2002 of the Central Committee of the Communist Party of Vietnam and Plan No. 1329/KH-TP dated December 3, 2002 of the Ministry of Justice. In 2003, strive to achieve a target of enforcing 90% of cases with conditions for enforcement.

The Head of the Popularization and Legal Education Department shall take the lead and coordinate with the Director of the Civil Enforcement Management Department to direct and implement the dissemination, popularization, and education of laws related to enforcement work.

By April 2003, complete the summary of ten years of enforcement work in each locality and nationwide.

Quarterly reports on enforcement work in 2003 from localities sent to the Ministry must be linked to the assessment of the implementation of six solutions by the Government. In September 2003, the Director of the Civil Enforcement Management Department shall report to the Minister on the overall results nationwide regarding the implementation of the six solutions to prepare the Government's report to the National Assembly for the final session of the year.

3. Strengthen efforts in the popularization, education of laws, and free legal aid at the grassroots level, contributing to enhancing citizens' legal awareness and resolving legal obstacles.

Vigorously and evenly implement the Program on the Popularization and Education of Laws by the Government from 2002 to 2007. The main objectives in 2003 are: timely dissemination of legal documents closely related to people's lives; consolidate and improve mechanisms for coordinating popularization and education of laws, mobilize the strength of the political system and the whole society to participate in the popularization and education of laws, promoting socialization in the popularization and education of laws. Pay attention to consolidating forces participating in the popularization and education of laws at the grassroots level; improve mediation groups at the grassroots level, striving for 100% villages, communes, wards, hamlets, and community clusters to have mediation groups, over 70% of small disputes and violations resolved through mediation.

Enhance cooperation with ministries, sectors, and social-political organizations to disseminate and educate laws through the resolution of complaints and denunciations, linking the popularization and education of laws with specific cases of people at the grassroots level, helping the people to comply with laws, exercise their legitimate rights and fulfill their civic duties. Emphasize propaganda and commendation of exemplary models in compliance with laws. Focus on disseminating, educating, and popularizing laws in areas such as traffic safety, drug prevention, environmental protection, land management, forest protection, food hygiene and safety, registration of household records, registration of secured transactions, and administrative violation handling.

Continue to improve and expand the network of Legal Aid Branches and Legal Aid Groups at the district and commune levels; develop the cadre and force of legal aid volunteers; extend the State's mobile free legal aid services to remote, difficult areas, and to individuals eligible for free legal assistance, creating favorable conditions for the people to access laws. Concentrate on implementing the contents of legal aid activities in the Comprehensive Strategy for Growth and Poverty Reduction approved by the Prime Minister.

4. Urgently resolve obstacles; simplify administrative procedures; enhance the effectiveness and efficiency of state management in the field of judicial support and administrative justice; improve the sense of duty and professional ethics of cadres and civil servants in these fields.

Develop and implement a comprehensive plan for developing the lawyer corps until 2010 based on the plans of the Bar Associations. Promote the positive role of lawyers in advisory, guidance, and litigation participation activities. Strengthen state management over the organization and activities of lawyers; inspect the implementation of the Code of Professional Ethics for Lawyers.

Continue to perfect the legal basis for the organization and operation of forensic examination, forming a mechanism to ensure correct and quality operations of forensic examination. In the second quarter of 2003, submit the Draft Ordinance on Forensic Examination to the Government and the Standing Committee of the National Assembly. Complete the Project on Establishing the National Institute of Forensic Medicine in the third quarter of 2003.

Strengthen state management in the civil status sector. Continue to perfect the institutional framework, simplify administrative procedures for civil status registration; focus on implementing effectively Decree No. 68/2002/NĐ-CP dated July 10, 2002 of the Government detailing the implementation of certain provisions of the Marriage and Family Law regarding marriage and family relations involving foreign elements; complete marriage registration for remaining actual marriage cases; strictly check the quality of civil status services, promptly correct negative manifestations of bureaucracy, favoritism, and lack of responsibility among civil status officers. Perfect standard civil status forms and registers for long-term convenient use.

Heads of units responsible for assisting the Minister of Justice in managing notarization, civil status, forensic examination, nationality, criminal record, lawyer, and legal advisory services must timely direct and guide localities in resolving professional issues; regularly compile and draft general guidance documents on administrative judicial affairs and judicial support for issues frequently raised by localities.

The Director of the Department of Justice shall be accountable to the Ministry and the Provincial People's Committee for state management of administrative judicial activities and judicial support within the assigned scope of authority, and shall be responsible before the Minister of Justice and the Chairman of the Provincial People's Committee if major violations occur in these areas, causing adverse effects on public opinion at the local level.

5. Improve and consolidate organizational structures, build a clean and strong cadre of justice officials commensurate with their tasks.

In 2003, the entire Justice sector will focus on building organizations and improving the cadre, particularly emphasizing the improvement of organization and strengthening the capacity of the Civil Service Office at the district level, the Justice Board at the commune level, legal departments of ministries, sectors, and newly established units within the Ministry of Justice. Designate 2003 as the Year of Consolidation and Improvement of County and Commune Justice Agencies.

Organize the dissemination throughout the sector and implement the new Government Decree stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice; complete the procedure for submitting to the Government the draft Decree (amended) on the organization of legal departments of ministries, sectors, localities, and state-owned enterprises; draft and submit to the Government for issuance a Decree on Commune Justice. Issue a Joint Circular on the functions, tasks, and powers of local justice organizations to implement Resolution No. 17-NQ/TW dated March 18, 2002 of the Fifth Plenary Session of the Ninth Central Committee of the Party on reforming and enhancing the quality of the grassroots political system in communes, wards, and towns and the Implementation Plan of Resolution No. 17-NQ/TW issued together with Decision No. 85/2002/QĐ-TTg dated June 28, 2002 of the Prime Minister.

The Director of the Department of Justice shall be responsible for advising and proposing to the Party Committee and the Chairman of the Provincial People's Committee on plans to improve and consolidate the local justice agencies and legal departments according to the new regulations of the Government and the directives of the Ministry of Justice. Pay special attention to the Civil Service Offices at the district level and the Justice Boards at the commune level.

For localities that have merged the Civil Service Office, the Director of the Department of Justice shall propose to the Provincial People's Committee to organize an assessment of the current status of justice work, clearly stating difficulties and obstacles in law enforcement due to the merger, to report to the People's Committee for consideration and re-establishment of the Civil Service Office.

Heads of legal departments of ministries, sectors, localities, and state-owned enterprises shall report to the Party Committee and leadership of ministries, sectors, agencies, and units on organizing the dissemination and implementation of the new Government regulations on the organization of legal departments.

Complete the comprehensive review of the cadre and civil servants' team according to Resolution No. 08-NQ/TW dated January 2, 2002 of the Politburo, based on which develop the cadre planning for the Justice Sector until 2010.

Heads of units in the Justice Sector continue to build and improve the Women's Progress Promotion Board of their unit; study the integration of women's progress promotion goals into the specialized activities of the unit; make women's progress promotion activities a regular activity of the unit.

Heads of units at each level must do well in organization and personnel, motivate the sense of responsibility and professional pride of each cadre and civil servant; monitor, inspect, and evaluate the performance of each individual, based on which promptly and accurately commend, reward, criticize, and discipline; arrange and adjust work, transfer cadres appropriately to meet job requirements and individual capabilities.

Strive for 2003 to be the starting year for significant progress in building a cadre and civil servant team in the Justice Sector with qualities and capabilities commensurate with their tasks, emphasizing discipline and order in the Justice Sector.

6. Emphasize the responsibility of examining petitions and complaints in accordance with the law; strengthen inspection and audit work on justice activities.

All complaints and denunciations must be examined and resolved promptly and conclusively at the place of occurrence; concentrate on reviewing, classifying, handling, setting deadlines, and assigning responsibilities for resolution at each level and by the heads of agencies and units, especially for urgent and long-standing cases. Heads of agencies and units under the Justice Sector must personally read, examine, and resolve complaints and denunciations related to their areas of responsibility in accordance with the law.

In 2003 and subsequent years, the results of complaint and denunciation resolution must be a criterion for evaluating the responsibility and completion of work of each agency, unit, and head of agency or unit in the Sector.

The inspection and supervision activities of the entire Department must focus on all aspects of the Department's work, serving the leadership and management of the Ministry's leaders, People's Committees, helping to prevent and promptly detect violations, improve discipline and order, and enhance awareness of respecting and complying with the law. In 2003, inspections will concentrate on two areas: civil enforcement work and household registration, marriage, and family matters involving foreign elements.

The Inspector General of the Ministry of Justice shall develop plans for inspection and supervision according to the above contents, submit them to the Minister for approval, and organize coordination for implementation.

Inspection results and their handling shall be announced throughout the Department to draw lessons and prevent recurrence.

II- IMPLEMENTATION ORGANIZATION

1. Develop Implementation Plan for the Directive.

Based on the key tasks outlined in this Directive, by the first quarter of 2003, heads of units under the Ministry of Justice, legal systems organizations of ministries and sectors, and Directors of Justice Departments within their scope of functions, duties, and authority assigned shall be responsible for organizing the implementation, developing plans, and measures for their units, reporting to the Ministry's leadership, sectoral leadership, and provincial People's Committees for approval, guidance, and facilitation of implementation.

The Judicial Merit Council shall be responsible for guiding and directing the movement to implement this Directive.

2- Reform leadership and management methods, improve working styles, and enhance work efficiency.

Study amendments and supplements to current Working Regulations, promulgate regulations on receiving and resolving complaints and petitions, Working Regulations of advisory councils under the Ministry, and other necessary regulations in the direction of clearly defining responsibilities at each level, each agency, and unit within the sector, mechanisms for cooperation in handling tasks, improving working styles, reducing meetings, emphasizing the responsibility of heads of agencies and units and each officer and civil servant. By the beginning of the second quarter of 2003, complete the amendment of the Working Regulations of the Ministry of Justice and promulgate the Working Regulations of units under the Ministry.

The Director of the Justice Department shall direct the development, amendment, or issuance of new Working Regulations of the Justice Department and its subordinate units.

Study adjustments and improvements to the delegation of authority and responsibilities at each level and unit within the sector to enhance work efficiency. Regularly inspect and correct compliance with Working Regulations, adherence to discipline and order. Ensure that all officers from unit heads to individual civil servants strictly follow service regulations; end delays in implementing duties, promptly address non-compliance, tardiness, or incorrect execution of superior decisions; promptly respond to local and relevant agency recommendations and proposals.

Heads of directly supervising units shall inspect subordinates' heads, and unit heads shall inspect their officers and civil servants; emphasize regular self-inspection by each unit, conduct surprise inspections, and grasp situations without prior notice from superiors to subordinates.

3. Inspect and Evaluate Implementation of the Directive.

In 2003, apart from regular and surprise inspections, the Ministry of Justice will organize two comprehensive periodic inspections in the first half and at the end of the year. The Director of the Justice Department shall conduct inspections in their respective regions and report to the Minister of Justice and the Chairman of the Provincial People's Committee.

Leaders of the Ministry of Justice and heads of units under the Ministry must strengthen inspections and urge local judicial organs and legal systems organizations of ministries and sectors as assigned by the Minister.

By November 30, 2003 at the latest, heads of units under the Ministry, legal systems organizations of ministries and sectors, and Directors of Justice Departments shall submit written reports to the Minister of Justice on the results of implementing this Directive in their respective fields and areas of responsibility.

The Director of the Ministry of Justice's Office shall be responsible for monitoring, urging, compiling, and promptly reporting to the Minister on the implementation results of the Directive throughout the Department./.