Directive No. 02/1999/CT-BTP Regarding the Implementation of Plan No. 174/UBTVQH 10 of the Standing Committee of the National Assembly, organizing the collection of opinions on the Draft Criminal Code (Amended) within the Judiciary Sector.

DIRECTIVE

VREGARDING THE IMPLEMENTATION signing and implementing AgreementsOF PLAN NO. 174/UBTVQH 10

OF THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY, TO ORGANIZE THE COLLECTION OF OPINIONS

ON THE DRAFT CRIMINAL CODE (AMENDMENT) IN THE LEGAL FIELD

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On February 11, 1999, the Standing Committee of the National Assembly issued Plan No. 174/UBTVQH 10 on collecting opinions from the people, sectors, and levels regarding the draft Criminal Code (Amendment). As the main drafting agency and also the supervisory agency for legal implementation and judicial work, the entire legal field must view the collection of opinions on the Draft Criminal Code as a major political and legal activity, an opportunity to enhance professional skills and update information on current issues in criminal law under the new economic mechanism. Each officer, civil servant, and unit within the sector has the responsibility to contribute to perfecting the Draft Criminal Code (Amendment).

I. REQUIREMENTS FOR THE ORGANIZATION OF COLLECTING OPINIONS

INTO THE DRAFT CRIMINAL CODE

For the opinion collection process to be truly effective, it is necessary to ensure the following requirements:

1. Ensuring that all officers and citizens understand the viewpoints on criminal policy of the Party and State during the period of renovation, building a socialist rule-of-law state in the context of a market economy with state management according to socialist orientation, international integration, and regional cooperation; combining the collection of opinions on each provision of the Draft with practical experiences in combating crime to raise legal awareness among officers and citizens;

2. The organization of opinion collection must be conducted widely, promptly, and appropriately to the conditions of each agency, unit, and base, ensuring that a large number of officers and citizens have full information about the Draft Criminal Code and participate in providing opinions;

3. Preparing sufficient materials, conveying accurate and easily understandable content, suggesting discussions closely related to each target group; accurately and comprehensively compiling opinions;

4. Ensuring the progress specified in Plan No. 174/UBTVQH 10 dated February 11, 1999 of the Standing Committee of the National Assembly.

II. ORGANIZING THE COLLECTION OF OPINIONS

To achieve the highest results in organizing the collection of opinions on the Draft Criminal Code, relevant units in the Ministry, legal institutions of the Ministry and sectors, and Departments of Justice need to perform the following tasks well:

1. The Department of Criminal and Administrative Law shall coordinate with the Institute of Legal Science to organize specialized discussions on the new contents of the Draft which still have differing opinions, allowing scientists, jurists, and law enforcement officials to provide their opinions;

2. The Department of Legal Propaganda and Education shall develop plans for publicity through mass media, publishing necessary materials to serve the opinion collection period; coordinating with the Department of Criminal and Administrative Law to organize a team of speakers to serve the opinion collection period; monitoring and compiling opinions provided through mass media;

3. The Journal of Democracy and Law shall publish special issues to serve the opinion collection period; introducing theoretical and practical foundations of basic institutions, and the legal significance of provisions in the Draft;

4. The Legal Newspaper shall regularly publish materials and articles about this opinion collection period;

5. Legal Affairs of Ministries and Sectors shall develop plans to organize the collection of opinions from relevant units including universities, colleges, and research institutes under the Ministries and Sectors, submitting them to the leadership of the Ministries and Sectors for decision-making and implementation;

6. Departments of Justice shall exchange opinions with internal affairs agencies, Courts, Procuratorates, and actively cooperate with the Vietnam Bar Association in advising People's Councils on establishing steering committees for organizing the collection of opinions; developing programs and plans of activities for the committees, assigning tasks among members, and developing plans for organizing the collection of opinions at local levels. The plan for organizing the collection of opinions shall include the following main contents:

a) The subjects and areas where opinions need to be collected;

b) Forms of collecting opinions;

c) Contents that each subject needs to focus on when contributing opinions (officers and citizens in urban areas should focus on Chapters XVI, XVII, XVIII, XIX, XX...; officers and citizens in mountainous regions - Chapters XV, XVII, XVIII...; officers and citizens in rural areas - Chapters XV, XVI, XVII...; economic managers and businesspeople - Chapters XIV, XVI, XVII...);

d) Organizing forces of speakers and officers responsible for implementing the collection of opinions;

đ) Measures to coordinate mass media, propaganda, and grassroots communication to serve the collection of opinions;

e) Assigning the printing and distribution of various types of materials based on the conditions of each locality; in addition to common materials already distributed, it is necessary to prepare discussion prompts on specific issues suitable for each target group being surveyed;

g) Methods of compiling and organizing the compilation of opinions;

h) Budget estimates for collecting opinions.

III. THE COLLECTION OF OPINIONS IN THE SECTOR CONTRIBUTING TO THE DRAFT

Relevant units under the Ministry, Departments of Justice, and legal institutions of Ministries and Sectors shall organize the collection of opinions and submit them to the Department of Criminal and Administrative Law before March 25, 1999, to ensure timely compilation and submission to the Standing Committee of the National Assembly before April 5, 1999.

1. Units within the Ministry shall allocate time for officers and civil servants to study the Draft and provide opinions for three to five days. During discussions, they should focus on issues related to their management and guidance areas.

2. Legal Affairs of Ministries and Sectors, in addition to helping leadership organize the collection of opinions in units according to the planned schedule, shall also organize the collection of opinions from legal officers within the Ministries and Sectors.

3. At the local level, Departments of Justice shall organize the collection of opinions from departmental officers, lawyers, forensic experts, notaries, court and justice officers at the district level; directing Justice Offices to organize the collection of opinions from justice officers at the commune level. When collecting opinions from these groups, suggestions and requests for opinions should be made according to each professional field, especially studying and providing opinions on Chapter XXII (crimes against judicial proceedings). Departments of Justice shall compile general opinions from local justice agencies and submit them to the Department of Criminal and Administrative Law.

4. The Department of Criminal and Administrative Law shall compile opinions and report to the Minister before March 30, 1999.