Directive No. 01/2004/CT-BTP On Implementing Key Tasks of Judicial Work in 2004

DIRECTIVE

On the implementation of key tasks for judicial work in 2004

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In 2003, with the efforts of the entire judiciary sector, of various ministries, sectors, and local authorities at all levels, judicial work throughout the country made positive progress on many fronts, making significant contributions to economic and social development achievements, administrative reform, judicial reform of the country, and the implementation of the Ninth National Party Congress Resolution.

In 2004, judicial work must achieve new developments, better meeting the increasingly high demands of the process of industrialization and modernization, successfully implementing the resolutions of the National Assembly and the Law and Ordinance Construction Program for 2004, the Government's Work Program, the Key Work Program on Judicial Reform, Administrative Reform, and serving effectively the tasks of economic and social development, national security, defense, and proactive integration into the international economy.

To continue improving the quality and effectiveness of judicial work, alongside regular tasks, the Minister of Justice requests agencies and units within the judiciary sector, ministries, ministerial-level agencies, government agencies, provincial People's Committees, and centrally governed city People's Committees to focus on implementing and directing the implementation of certain key tasks for judicial work within their respective functions and authorities.

I. KEY TASKS

1. Enhancing the quality and ensuring the progress of legislative work, including drafting, reviewing, and inspecting regulatory legal documents

Functional units of the Ministry of Justice must ensure the schedule and quality of legislative work for legal documents that the Ministry is responsible for preparing under the National Assembly and Government's Law Construction Program for 2004.

Focus on completing the drafting and submitting the following projects: Law on Issuing Regulatory Legal Documents by People's Councils and People's Committees, Civil Code (Amended), Ordinance on Forensic Appraisal, Ordinance on Legal Aid, Resolution of the Standing Committee of the National Assembly on Civil Transactions Regarding Housing with Foreign Elements Established Before July 1, 1991; detailed decrees implementing laws and ordinances, and other draft documents assigned by the Government to prepare.

Complete and submit to competent authorities for issuance the Strategy for Building and Improving the Legal System of Vietnam; National Program on Popularizing and Educating the Law until 2010; Proposal for Establishing the National Institute of Legal Science; Comprehensive Plan for Developing the Lawyer Workforce until 2010. Continue proactively reviewing legal documents according to the requirements of international commitments; researching and proposing the signing and joining of international treaties to serve economic integration, especially preparing for Vietnam's accession to the World Trade Organization (WTO) in 2005.

Pay attention to researching, building, and perfecting institutional frameworks and regulatory legal documents in areas under the jurisdiction of the judiciary sector to resolve difficulties and inadequacies, improve the efficiency of state management, and meet the requirements of administrative and judicial reform.

Heads of units responsible for legislative work and other units tasked with reviewing legal documents must closely direct review work, implement measures to promote collective wisdom within the unit while emphasizing individual responsibility in research and review. Unit heads must personally be accountable to the Ministry leadership regarding the quality and deadlines for reviews. The Ministry Office, based on the monthly and quarterly work programs of the Government, has the responsibility to monitor and urge units to complete reviews on time.

Within the scope of their assigned tasks, functional units of the Ministry of Justice, legal institutions of ministries and sectors, and Department of Justice offices should develop programs and plans to implement drafting and reviewing regulatory legal documents, submit them for leadership approval to begin implementation from the start of the year, clearly defining the responsibilities of each unit and individual involved, completion schedules, and conditions for implementation. The Institute of Legal Science will lead coordination with relevant units to effectively implement the Program for Reforming Legislative Work, Issuing, and Improving the Quality of Regulatory Legal Documents according to Decision No. 909/QĐ-TTg dated August 14, 2003 of the Prime Minister. Local judicial agencies should actively advise local leaders to prepare necessary conditions to promptly implement the Law on Issuing Regulatory Legal Documents by People's Councils and People's Committees after its adoption by the National Assembly.

In 2004, the entire sector will focus on effectively implementing Decree No. 135/2003/NĐ-CP dated November 14, 2003 of the Government on inspecting and handling regulatory legal documents: continuing to perfect institutional frameworks, issuing guidance documents according to authority as a basis for inspection work; improving organizational structure and specialized staff for document inspection, forming a team of inspectors; establishing financial mechanisms and conditions for inspections; completing training for local judicial officials and ministry-sector legal institutions on document inspection work. At the same time, the Inspection of Legal Documents Bureau, legal institutions of ministries and sectors, Department of Justice offices, and local Justice Departments will advise leadership on immediately organizing the implementation of document inspection work within their delegated authority, adopting a comprehensive inspection approach combined with focusing on specific fields and regions. The Inspection of Legal Documents Bureau will develop a plan for implementing document inspection work, submit it to the Minister for approval before February 10, 2004, to promptly implement.

2. Concentrating on implementing Directive No. 32/CT-TW of the Central Committee of the Communist Party of Vietnam on popularizing and educating the law

The Department of Legal Propaganda and Education shall coordinate with relevant units to develop specific plans for implementing Directive No. 32/CT-TW dated December 9, 2003 of the Party Central Committee on strengthening the Party's leadership in legal propaganda and education work to enhance officials' and people's awareness of law compliance, and report to the Party Cadre and Civil Servants Council of the Ministry of Justice before February 15, 2004, to coordinate with the Central Steering Committee for Internal Affairs, the Central Committee for Ideology and Culture, and the Central Committee for Science and Education to organize a national conference to implement the Directive. Continue to intensify the implementation of the Government's Legal Propaganda and Education Program from 2003 to 2007; prepare for the Minister to submit to the Government for issuance of the National Program on Legal Propaganda and Education.

In the first quarter of 2004, judicial agencies, coordination councils at all levels for legal propaganda and education shall advise party committees and authorities on plans to implement the Party Central Committee's Directive to implement it in localities, ministries, and sectors, creating a significant shift in legal propaganda and education work.

In 2004, further strengthen legal propaganda and education work at grassroots levels, reaching out to the public and businesses through creative, practical, and appropriate forms tailored to different types of subjects and areas. Consolidate and develop the cadre of legal propagandists and educators. Localities should focus on disseminating and promoting laws related to elections of People's Councils and People's Committees, the Land Law 2003, the Criminal Procedure Code 2003, and other newly issued legal documents, summarizing five years of implementation of the Ordinance on the organization and operation of mediation at the grassroots level. Prepare to organize the second nationwide "Outstanding Mediator Competition" in 2005.

The Judicial Publishing House shall cooperate with the Department of Legal Propaganda and Education, news media, and other units under the Ministry to publish and distribute information materials about newly issued legal documents, guiding documents for the implementation of laws related to the functions, tasks, powers, and activities of the judiciary, and question-and-answer materials on laws to meet the needs of civil servants and the public for understanding laws.

3. Urgently implement the Ordinance on Civil Enforcement (amended) to fundamentally transform civil enforcement work.

Focus on fundamentally transforming civil enforcement work with the following three main requirements: Significantly reduce pending cases, resolve completely 80% of cases (including those that have been enforced) and 50% of money and assets in cases that can be enforced; promptly address complaints and denunciations regarding enforcement at their place of occurrence, limit the number of urgent and prolonged complaints; improve organizational structure, ensure necessary staffing, and continue to improve equipment, facilities, and office space for enforcement agencies.

The Civil Enforcement Agency and local judicial agencies and civil enforcement agencies must proactively advise the Ministry's leadership and local authorities at all levels on plans for organizing and implementing the amended Civil Enforcement Ordinance; submit to the Government for issuance or issue within the Ministry's authority guiding documents for the implementation of the Civil Enforcement Ordinance.

Emphasize the responsibility of civil enforcement agencies, the responsibility of the Director of the Civil Enforcement Agency, and the Head of the Civil Enforcement Department in guiding, directing, urging, inspecting, and reporting on enforcement activities; promote the role of inter-agency cooperation at the central level and the Provincial Civil Enforcement Steering Committee in organizing the enforcement of major and complex cases involving multiple provinces and cities and cases with difficulties.

In 2004, continue to intensify self-inspection and cross-inspection among enforcement agencies; regularly hold monthly and quarterly meetings to review, discuss, and find solutions to overcome difficulties and problems, correct shortcomings and deficiencies in business operations. Organize a mid-term review of the transfer of cases with values under VND 500,000 to village-level People's Committees for direct urging of enforcement.

Effectively implement the Standards of Conduct for Enforcement Officers, establish hotlines at the Ministry of Justice, Departments of Justice, the Legal Newspaper of the Ministry, and the Legal Newspaper of Ho Chi Minh City to receive and handle information reflecting delays and negative practices in civil enforcement work.

Continue to promote competition in enforcement activities by launching a campaign from February 3, 2004, to August 28, 2004, and concluding a year-long competition initiated by the Ministry; promptly reward outstanding collectives and individuals in civil enforcement work in 2004.

Enhance the effectiveness of state management over judicial auxiliary organizations and administrative justice.

The Judiciary sector will continue to innovate state management, addressing limitations and inadequacies in areas such as forensic examination, legal consultation, notarization, household registration, secured transactions, and legal aid. Emphasize the management responsibility of the Bar Association, Departments of Justice, and the Department of Judicial Assistance for the organization and activities of lawyers and legal consultants.

Promptly complete the drafting and submission of legal normative documents in the field of judicial assistance and administrative justice to competent authorities for issuance. Develop proposals to enhance the capacity of the lawyer, notary, and arbitrator workforce to meet societal demands, elevate the role and responsibility of lawyers and forensic examiners during litigation processes. Correct deficiencies and strictly manage the printing and distribution of household registration forms and books in accordance with legal regulations.

On the basis of perfecting the institutional framework, continue to implement administrative simplification procedures in the field of administrative justice, shorten the time for handling people's affairs, enhance responsibility, service awareness, and professional ethics of specialized staff. Implement the "one-stop" mechanism in notarization and certification activities at the district level and household registration and certification at the commune level according to Decision No. 181/2003/QD-TTg dated September 4, 2003 of the Prime Minister. Localities should adequately invest in managing and upgrading the original household registration book storage facilities at the Department of Justice.

Strive to complete the organization of marriage registration for actual marital cases by July 31, 2004, in accordance with Resolution No. 35/2000/QH10 of the National Assembly, Decree No. 77/2001/NĐ-CP of the Government, Directive No. 02/2003/CT-BTP of the Minister of Justice, and summarize and evaluate the results of this task. Address the issue of delayed household registration in remote areas. Complete the investigation and survey on the situation of Vietnamese women marrying foreigners, correct deviations in foreign-related marriage registration activities, and ensure that the adoption of Vietnamese children by foreigners complies with legal regulations.

The Administrative Justice Division will study and propose cooperation with relevant ministries and local authorities to guide the resolution of inconsistencies between household registration records and other citizen documents (school transcripts, diplomas, certificates, household registers...), the unclear nationality status of certain citizens, particularly in southern provinces, in accordance with Prime Minister's Directive No. 14/2003/CT-TTg.

Organize the implementation of measures to strengthen the work of registering security transactions in accordance with Prime Minister's Directive No. 21/2003/CT-TTg dated October 2, 2003, to enhance state management in this area and ensure that auction activities are conducted under a unified mechanism consistent with practical requirements. Strengthen the operation of property auction service centers under the Department of Justice.

Enhance the role of the Justice Sector in implementing the national strategy for growth and poverty reduction, focusing on free legal aid provided by the State. Study and summarize the practical models of management and organization of legal aid at the district and commune levels to develop a uniform implementation plan nationwide. Consolidate and develop the legal aid volunteer team, expand the legal counseling and mobile legal aid network to remote and difficult areas, creating favorable conditions for the public to access laws and enjoy free legal support from the State and organizations.

Continue to coordinate with relevant ministries to perfect the draft Decree on Auctioning Assets (Amended) to be submitted to the Government for promulgation and implementation to strengthen state management in this field and ensure that auction activities are carried out under a unified mechanism consistent with practical requirements. Strengthen the Property Auction Service Centers under the Department of Justice.

5. Build a strong and clean Justice Sector.

Continue to designate 2004 as the year to consolidate and enhance the capacity of local judicial agencies (Departments of Justice, Justice Offices, Judicial Boards). For newly established judicial agencies in Hau Giang, Dak Nong, and Lai Chau provinces according to the National Assembly's Resolution, the Office of the Ministry proposes assigning some units within the Ministry to directly oversee, direct, and guide these agencies to stabilize their organizational structure and ensure judicial operations in their respective regions.

The Organization and Cadre Affairs Division will cooperate with relevant units to promptly submit to the leadership of the Ministry of Justice and the Ministry of Home Affairs for consideration and issuance of a new Joint Circular replacing Joint Circular No. 12/TTLB-BTP-BTCCBCP dated July 26, 1993, guiding the functions, tasks, powers, and organizational structure of local judicial agencies, clearly defining the functions, tasks, powers, and organizational models of local judicial agencies at all levels to meet the new requirements of the Justice Sector and judicial reform. Provincial People's Committees will instruct Departments of Justice to cooperate with Departments of Home Affairs to build and submit to the People's Committee for issuance the regulations on the organization and operation of the Department of Justice, while directing and guiding District and Commune People's Committees to improve the organizational structure, enhance capacity, and increase the effectiveness of judicial agencies at these levels; direct the summary of practical experiences and evaluation of the current status of judicial work in places where Justice Offices have been merged to consider re-establishment based on the requirements of judicial reform.

When a new Government Decree replaces Decree No. 94/CP dated September 6, 1997 of the Government on the organization of legal affairs offices in Ministries, ministerial-level agencies, and government agencies, legal affairs offices shall promptly advise and report to the Party committees and leadership of ministries, sectors, and agencies on the implementation of the new provisions of the Decree.

The Organization and Cadre Affairs Division will cooperate with units under the Ministry to submit plans to the Ministry leadership for the restructuring of newly established units of the Ministry of Justice; complete the issuance of operational regulations for the Ministry and its units.

Based on a comprehensive review of the judicial cadre corps, each agency and unit in the sector will develop planning schemes for the rational allocation of cadres, implement the appointment and reappointment of managerial cadres and judicial position holders in accordance with legal regulations; ensure the achievement of the target and the National Program for Women's Advancement. Timely address the policies and benefits for cadres transferred to remote and difficult areas. Emphasize political education, ideological training, and moral character development for the judicial cadre corps.

6. Vigorously promote the training and development of judicial and legal cadres to meet the requirements of the sector and societal needs.

||| Complete training objectives, curricula, textbooks, and training content; strengthen the quantity and quality of teaching staff; innovate teaching methods and forms; enhance material infrastructure for training to meet the requirements of judicial reform. Training and capacity building focus on improving professional expertise and vocational skills, particularly practical capabilities and the execution of official duties of cadres in the sector. Pay attention to training and capacity building for judicial cadres in provinces lacking personnel, especially those in the Central Highlands, remote areas, and newly established provinces.

||| The Hanoi University of Law continues to implement five action programs pursuant to Resolution No. 08/NQ-TW dated January 2, 2002 of the Politburo on key tasks of judicial work in the near future. Organize a review of twenty-five years of construction and development of the University to draw lessons learned from training, scientific research, and participation in solving practical tasks. Implement the University Charter well, improve the quality of undergraduate, master's, and doctoral law training, actively participate in training judicial positions, and strive to become a national key institution for law training.

||| The School of Judicial Positions coordinates with relevant units of the Ministry and related agencies to promptly implement the Project to establish the Academy of Justice; improve textbooks and teaching programs, moving towards unifying training content according to the requirements of judicial reform. Complete the training and capacity-building targets for judicial positions in 2004.

||| The Organization-Cadre Department coordinates with the School of Judicial Positions, and units under the Ministry to organize and implement professional training courses for cadres and civil servants in the sector according to the plan approved by the Ministry leadership, paying particular attention to new fields or fields with amended regulations such as legal document inspection, civil enforcement, forensic examination, accounting-finance, and sector management; focus on training the professional skills of grassroots-level judicial cadres in the Central Highlands, Northwest, and Mekong Delta provinces. Training courses need to be carefully prepared in terms of program content, materials, lecturers, and infrastructure with a spirit of thrift, ensuring effectiveness, and having strict management division and cooperation among units under the Ministry to reduce travel costs and time for local judicial cadres.

||| 7. Improve the effectiveness of inspection and audit work

||| In 2004, continue to emphasize the combination of inspections by management agencies with self-inspections by units.

||| Activities of the Ministry Inspectorate and Provincial Inspectorates focus on areas such as investment construction and land management, financial-accounting operations within the sector, and civil enforcement work.

||| After each inspection, follow up on the results of handling, rectification, and correction of deficiencies and violations to ensure that after inspection and auditing, the effectiveness of work and discipline are better.

||| 8. Prepare for the 60th anniversary of the Traditional Day of the Judiciary and prepare for the Ministerial Conference on Law and Justice, and the High-Level Meeting of Judicial Officers and Legal Officials of ASEAN countries to be held in Vietnam in 2005 for the first time.

||| 2004 is the year to implement preparatory activities leading up to the 60th anniversary of the establishment of the Judiciary (August 28, 1945 - August 28, 2005) and Vietnam hosting the Ministerial Conference on Law and Justice, and the High-Level Meeting of Judicial Officers and Legal Officials of ASEAN countries in 2005 in Hanoi.

||| To aim at these three important events, the Judiciary focuses on doing well in preparation and organizing the implementation of some activities below:

Launch a movement to achieve outstanding results to celebrate the 60th anniversary of the Traditional Day of the Judiciary; implement activities to prepare for the Second National Competition on Law and Justice, and the Second Law and Justice Singing Festival in 2005. Implement the plan to write the history and tradition of the Judiciary.

The Competition and Reward Council of the Judiciary, the Popularization and Legal Education Department coordinate with media agencies, newspapers, magazines, newsletters of the Ministry, and provincial Departments of Justice to have programs introducing the tradition of the Judiciary, reporting and praising good deeds and good people, opening a special column "Towards the 60th Anniversary of the Traditional Day of the Vietnamese Judiciary".

In March 2004, the International Cooperation Department leads, coordinates with the International Law Department, the Ministry Office, other units under the Ministry of Justice, the Government Office, the Ministry of Foreign Affairs, the Ministry of Public Security, the Supreme People's Court, and related agencies to draft and submit to the Minister the project to organize the Ministerial Conference on Law and Justice, and the High-Level Meeting of Judicial Officers and Legal Officials of ASEAN countries in 2005 to be submitted early to the Prime Minister and competent authorities for approval.

||| 9. On innovating guidance and management work

In 2004, the management, guidance, and operation of the Judiciary continue to focus on enhancing the responsibility of the Ministry and Provincial Departments of Justice in state management, improving and enhancing the quality of guidance and operational activities, focusing strongly on the grassroots level, closely following practical situations, and promptly responding to urgent requirements of judicial work.

To ensure the synchronous and effective implementation of key tasks of the sector, the Ministry of Justice leadership strengthens visits to localities and grassroots levels; has specific plans and contents for meetings with leaders of provinces and cities, especially those with many difficulties, large volumes of work, and important areas.

In each field of management of the sector, the Ministry of Justice identifies some points of guidance, assigns responsibilities so that heads of units under the Ministry and Directors of Provincial Departments of Justice organize point guidance, summarize practical experiences, draw lessons, and expand them widely in 2005.

The management, guidance, and direction activities of the Ministry and the Department of Justice must be thorough, ensuring proactivity, timeliness, and stability. When subordinates request instructions or guidance, superiors must respond promptly and specifically, ending practices of not responding, responding late, or providing vague responses and guidance. Written responses and guidance from the Ministry and its units on issues with general applicability to multiple regions shall be simultaneously sent to all Departments of Justice for joint study and implementation.

The Institute of Legal Science shall take the lead in coordinating with units under the Ministry to develop and submit for approval by the Ministry's leadership the plan for administrative reform of the Ministry in 2004 and the period 2005-2010. Administrative reform efforts shall be linked to the continued implementation of the Project on the Computerization of Administrative Management of the Ministry of Justice for the period 2001-2005, focusing on the strong application of information technology in the management activities of the Ministry and its areas of state administration.

Continue to enhance administrative discipline and strictly implement information and reporting systems within the sector. Rectify discipline in financial management and budgetary expenditures at units under the Ministry and within the sector; publicly disclose the state budget estimates of the Justice sector in accordance with legal provisions.

II. IMPLEMENTATION

Based on the key tasks outlined in this Directive, heads of units under the Ministry, legal institutions of the sector, and Directors of Justice Departments within their respective functions, duties, and authorities shall be responsible for disseminating, developing implementation plans, submitting them for approval and directive by the Ministry's leadership, sectoral agencies, and People's Committees.

The Competition and Reward Council of the Justice Sector shall guide and direct competition activities tied to the implementation of key judicial tasks in 2004.

By the end of June 2004, organize a meeting of Justice Department Directors in Hanoi and Ho Chi Minh City to review the first half-year's work results and discuss solutions for the second half-year. Regularly organize specialized conferences for localities to exchange and learn experiences in specific fields of activity. In October 2004, organize inspection teams to implement Directive No. 01/2004/CT-BTP issued by the Minister.

Heads of units under the Ministry, legal institutions of the sector, and Directors of Justice Departments shall submit written reports to the Minister of Justice on the results of implementing this Directive by November 15, 2004.

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