Directive No. 01/2006/CT-BTP on Implementing Key Tasks of Judicial Work in 2006

DIRECTIVE

Regarding the implementation of key tasksfor judicial work in 2006

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The year 2006 is the first year to implement the Resolution of the 10th National Congress of the Communist Party of Vietnam and the Socio-Economic Development Plan for 2006-2010. In order to successfully fulfill the judicial work tasks in 2006, to continue to make significant progress in judicial work to meet the new development requirements of the country, the Minister of Justice issues the following directive:

1. Deeply grasp the Resolution of the 10th National Congress of the Communist Party and the Congresses of the Party at all levels in the process of building and implementing the Action Program of the Judicial Sector, intensify the implementation of the Resolutions of the Politburo on the Strategy for Building and Improving the Legal System of Vietnam and the Strategy for Judicial Reform. By the second quarter of 2006, the Institute of Legal Science shall take the lead in completing the Action Program of the Sector; units under the Ministry, local judicial agencies, legal departments of Ministries and sectors shall complete the Action Program and Work Plan at their respective levels.

2. Continue to intensify and innovate activities in the construction, examination, inspection, and review and systematization of normative legal documents. The entire sector must concentrate all resources to complete the Law Construction Program for 2006, ensuring the quality and progress of drafting and examining normative legal documents; by the second quarter of 2006 at the latest, units that owe guidance documents from 2005 must focus on constructing them to submit to competent authorities for issuance. From this year onwards, the Judicial Sector must set an example by submitting draft laws and ordinances along with accompanying guidance documents simultaneously.

The Ministry of Justice, Provincial Departments of Justice, legal departments of Ministries and sectors shall have specific plans and measures to enhance the capacity of cadres engaged in the construction, examination, and inspection of normative legal documents, and strengthen their ability to update information. Innovate fundamentally the methods of drafting and examining normative legal documents, establish mechanisms to attract experts with high professional qualifications and rich practical experience into the work of constructing, examining, and inspecting normative legal documents.

Strengthen the inspection, review, and systematization of normative legal documents at all levels and sectors. Firmly address the situation of delayed handling of normative legal documents with contradictions, overlaps, and unsuitability to economic and social conditions, and violations of the law. Focus on inspecting and self-inspecting normative legal documents in certain fields and areas with many concerns, especially laws directly related to people's lives, anti-corruption laws, thrift, and anti-waste laws.

3. Regarding the dissemination and education of laws, legal aid, vigorously and deeply implement Directive No. 32-CT/TW dated December 9, 2003 of the Central Committee of the Communist Party on strengthening the leadership of the Party in the dissemination and education of laws, the Government's Dissemination and Education of Laws Program for the period 2003-2007, and the National Program for the Dissemination and Education of Laws to raise awareness of law compliance among cadres and the public, particularly at commune, ward, and town levels. Organize reviews and mid-term assessments of Directive 32 at the beginning of 2007.

Strengthen mobile legal aid forms, continue to consolidate and develop legal aid volunteer teams at all levels, especially at the district and commune levels. The Legal Aid Agency and Provincial Departments of Justice shall proactively prepare conditions to effectively implement the Legal Aid Law after its approval by the National Assembly.

News and publishing agencies of the Judicial Sector, primarily the Vietnam Law Newspaper, the Democracy and Law Magazine, and the Legal Publishing House, shall increase special pages, columns, publications, and popular legal materials to facilitate easier access to laws for the public.

4. Regarding administrative judicial work and judicial support, continue to strengthen state management and promote administrative reform in notarization, civil status registration, personal history certification, and asset auction. Local judicial agencies shall actively advise and assist People's Committees at the same level in developing Plans to implement Decree No. 158/2005/NĐ-CP on civil status registration and management. The Administrative Justice Department and Provincial Departments of Justice shall plan professional training for cadres in civil status registration at the commune level in the first quarter of 2006 to effectively implement the new decree on civil status registration and management.

The Judicial Support Department, Provincial Departments of Justice, and Bar Associations shall actively prepare conditions to implement the Lawyer Law after its approval by the National Assembly. Emphasize the training and upgrading of the lawyer cadre to meet the requirements of judicial reform and international economic integration. Promptly prepare necessary conditions to establish a National Bar Association in 2006. Continue to direct the implementation of the Legal Appraisal Ordinance and Commercial Arbitration Ordinance.

Strictly implement the Prime Minister's directives on rectifying asset auction work. By the second quarter of 2006, the Ministry of Justice shall coordinate with relevant ministries and sectors to issue unified guidance documents for the implementation of Decree No. 05/2005/NĐ-CP on asset auctions, and strengthen inspections to ensure uniform application of the provisions of this decree.

5. Regarding civil enforcement work, enhance the role of the Civil Enforcement Steering Committee at all levels. The Departments of Justice and civil enforcement agencies must perform their functions, tasks, and powers as prescribed by the Civil Enforcement Law. Focus on resolving a substantial number of pending civil cases. In 2006, the target must be to execute 95% of civil cases that have conditions for enforcement, including fully executing 75% concerning actions and 55% concerning money. Promptly complete the construction of offices for civil enforcement agencies and warehouses for seized assets according to the approved project. Enhance the capacity for guidance and supervision of civil enforcement business by the Civil Enforcement Agency and provincial-level civil enforcement agencies. Implement training and professional development programs for enforcement officers as approved. By the second quarter of 2006, address the shortage of heads in some local civil enforcement agencies; by the third quarter of 2006, end the situation where civil enforcement agencies only have one enforcement officer. The Civil Enforcement Agency is responsible for guiding, urging, inspecting, and reporting quarterly to the Minister on the results of implementing the above tasks.

6. Strengthen international cooperation in judicial and legal matters, enhancing the capacity of judicial and legal institutions in resolving disputes involving foreign elements. The International Law Department, the International Cooperation Department, and legal institutions under Ministries and Departments, and the Departments of Justice need to actively review legal regulations directly related to Vietnam's process of economic integration; the Institute of Legal Science should organize research on the impacts of this integration, thereby clearly defining the tasks and roles of judicial institutions in economic integration. The International Law Department shall lead the evaluation of the implementation of international treaties to which Vietnam is a party, study issues related to signing and joining certain international treaties on combating crime, and mutual legal assistance agreements with countries in the region and worldwide. Judicial officials at all levels, especially central and provincial levels, need to strengthen language learning, update knowledge to be ready and proactive in the integration process.

7. Regarding organization and building of the Judiciary, continue decentralizing some aspects of judicial work to local judicial agencies. Improve organizational structure and personnel of judicial agencies at all levels, particularly at the district and commune levels. The Cadre and Organization Department shall assist the Minister in guiding units to specifically define positions and staff structures to gradually build a cadre with good political qualities, high professionalism, ensuring long-term planning; the Departments of Justice shall conduct a concentrated review of district and commune-level judicial cadres and implement measures to enhance their capabilities to meet new requirements and tasks. Vigorously rotate cadres, sending young cadres to practical experience.

The Cadre and Organization Department, Hanoi University of Law, and the Academy of Judicial Studies shall reform training programs, textbooks, and teaching methods at educational institutions managed by the Ministry of Justice, ensuring consistency and synchronization of programs, textbooks, and content. By the third quarter of 2006, Hanoi University of Law shall complete the project to establish a key institution for legal education, and the Academy of Judicial Studies shall complete the project to establish a large center for training judicial positions nationwide. Implement scientific management methods and organizational work procedures according to ISO 9000 standards in the operations of the Ministry of Justice.

Reform the organization and implementation of competitive activities throughout the sector, ensuring competitiveness and avoiding formalism; promptly encourage and reward outstanding models and promote them widely. By the first quarter of 2006, complete the establishment procedures for the Department of Competitions and Awards of the Ministry of Justice, improve the Competition and Awards Councils at all levels within the Judiciary; the Criminal and Administrative Law Department shall lead the drafting and completion of the Circular guiding the competition and award activities of the Judiciary.

8. Create significant changes in applying information technology in the management and operation of the Ministry of Justice and provincial-level judicial agencies. The Information Center and the Office of the Ministry shall guide and urge the provision and exchange of information between units under the Ministry of Justice and expand information exchange between the Ministry of Justice and local judicial agencies through the network system. The Departments of Justice shall report to the People's Councils at the provincial level on consolidating existing legal databases, continuing to build new databases, serving as the point of contact to ensure smooth communication of legal database information with the Ministry of Justice; encourage district-level Justice Offices to apply information technology to their professional activities.

9. Ensure administrative discipline and service discipline in all units and for all officials and civil servants in the entire sector. Strengthen inspection and supervision of duty performance and compliance with laws in areas such as civil enforcement, notarization, household registration, budget management, and construction investment. Timely and strictly handle violations of law, corruption, harassment, and causing inconvenience to the people by public servants.

By the first quarter of 2006, based on the Government's Action Program on anti-corruption, thrift, and waste prevention, the Inspectorate shall lead the drafting of the Action Program and Plan on anti-corruption, and the Planning and Finance Department shall lead the drafting of the Action Program and Plan on thrift and waste prevention in the Judiciary for approval by the Minister. The Departments of Justice shall submit plans on anti-corruption, thrift, and waste prevention for approval by the Chairmen of the People's Councils for implementation in local judicial agencies.

Based on the main tasks set out in this Directive, the Heads of Units under the Ministry of Justice, legal institutions of Ministries and sectors, and Directors of Provincial Departments of Justice within their respective functions, duties, and authorities shall be responsible for organizing the implementation, developing plans for deployment, and reporting to the leadership of the Ministries and sectors, People's Committees for approval and direction of execution. The agencies and units must conduct inspections on the implementation of this Directive at the end of the second quarter and the fourth quarter of 2006, and report the results of its implementation to the Minister of Justice and Ministers, Heads of Ministries and sectors, Chairmen of People's Committees of provinces and centrally governed cities.

The Director of the Ministry's Office shall submit the Plan for Inspecting the Implementation of this Directive in Units within the Sector to the Minister for approval; simultaneously, they shall monitor, urge, and compile the situation of implementation to report to the Minister.

This Directive shall take effect fifteen days after its publication in the Official Gazette./.