Circular No. 03/2010/TT-BTP guiding the implementation of work to monitor the enforcement of laws

CIRCULAR

Guidelines for monitoring the implementation of laws

___________________________

Pursuant to Decree No. 93/2008/NĐ-CP dated August 22, 2008, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to Decree No. 24/2009/NĐ-CP dated March 5, 2009 of the Government detailing and providing measures to implement the Law on Enacting Legal Normative Documents,

The Minister of Justice issues guidelines for monitoring the implementation of laws as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope and Applicability

These Circulars guide the implementation of work to monitor the situation of law enforcement for Ministries, ministerial-level agencies, and agencies under the Government (hereinafter referred to as Ministries or sectors), People's Committees of provinces and centrally governed cities (hereinafter referred to as Provincial People's Committees).

Article 2. Principles of Monitoring the Implementation of Laws

Monitoring the implementation of laws shall be carried out according to the following principles:

1. Continuously, consistently, comprehensively, and promptly;

2. Combining the monitoring of the implementation of laws by sector with the monitoring of the implementation of laws at each local level;

3. Linking the performance of work to monitor the implementation of laws with the functions and tasks of state agencies and organizations; while ensuring close cooperation among agencies and organizations during the process of monitoring the implementation of laws.

Article 3. Purpose of Monitoring Legal Implementation Situations

Monitoring the implementation of laws aims to assess the current status and effectiveness of law enforcement, promptly urge, organize, and guide the implementation of legal normative documents; propose the construction and improvement of the legal system and measures to enhance the effectiveness of law enforcement.

Chapter II

CONTENTS OF MONITORING THE IMPLEMENTATION OF LAWS

Article 4. Contents of Monitoring the Implementation of Laws

Work to monitor the implementation of laws is carried out based on monitoring and evaluating the following contents:

1. The situation of issuing legal normative documents detailing and guiding implementation; directive, urging, and organizing implementation documents of higher-level state agencies and competent state agencies at the same level;

2. The degree of compliance with laws by agencies, organizations, and individuals;

3. The effectiveness of legal dissemination and popularization work;

4. The rationality of legal provisions;

5. Measures to organize law enforcement and conditions to ensure law enforcement.

Article 5. Contents of Evaluation Regarding the Situation of Issuing Detailed Regulations and Guidance Documents; Directive, Urging, and Organizing Implementation Documents of Higher-Level State Agencies and Competent State Agencies at the Same Level

1. The quantity and form of documents that need to be developed and issued in accordance with legal normative documents of higher-level state agencies and competent state agencies at the same level.

2. The quantity and form of documents developed and issued within the prescribed time frame.

3. The quantity, form, and name of documents developed and issued late; reasons for delay.

4. The situation of issuing directive, urging, and organizing implementation documents of legal normative documents.

Article 6. Contents of Evaluation Regarding the Degree of Compliance with Laws by Agencies, Organizations, and Individuals

1. General situation regarding compliance with laws by agencies, organizations, and individuals.

2. Legal provisions not complied with or not complied with sufficiently in practice.

3. The quantity, form, and degree of violation by agencies, organizations, and individuals.

4. The situation of handling each type of legal violation by competent state agencies.

5. Reasons for non-compliance or insufficient compliance with legal provisions.

Article 7. Content of the assessment on the effectiveness of legal dissemination work

1. The level of enhancing legal awareness among agencies, organizations, and citizens after being disseminated.

2. The impact of legal dissemination work on the compliance with laws of agencies, organizations, and citizens.

3. Cases of law violations due to lack of understanding of the law.

4. Recommendations for measures to enhance the effectiveness of legal dissemination work.

Article 8. Content of the assessment on the rationality of legal provisions

Assess the appropriateness of legal provisions with respect to the following issues:

1. Economic and social conditions;

2. Level of public education;

3. Cultural traditions and customs;

4. Practical requirements.

Article 9. Content of the assessment on organizational measures for implementing laws and conditions ensuring their implementation

1. Organizational measures for implementing laws.

2. Budget allocated for organizing and implementing laws.

3. Current status of organizational structure and staff engaged in law enforcement tasks in meeting requirements and responsibilities. Conditions regarding equipment and infrastructure ensuring law enforcement.

4. Difficulties and obstacles in organizing law enforcement; management and use of budget; organization of staff and personnel carrying out law enforcement tasks.

Chapter III

MECHANISM AND METHODS FOR MONITORING THE IMPLEMENTATION OF LAWS

Section 1

MECHANISM FOR MONITORING THE IMPLEMENTATION OF LAWS

Article 10. Mechanism for implementing monitoring of the implementation of laws

Monitoring the implementation of laws shall be carried out according to the following mechanism:

1. Monitoring the implementation of laws nationwide;

2. Monitoring the implementation of laws by sector and field;

3. Monitoring the implementation of laws at local levels;

4. Monitoring the implementation of laws based on information provided by agencies, organizations, enterprises, and individuals.

Article 11. Monitoring the implementation of laws nationwide

1. The Ministry of Justice monitors the implementation of laws nationwide based on monitoring the implementation of laws by sector and field, by locality, and by analyzing and processing information about the implementation of laws provided by agencies, organizations, enterprises, and individuals.

2. Ministries, sectors, provincial People's Committees, and related agencies cooperate with the Ministry of Justice to monitor the implementation of laws within their respective jurisdictions and localities.

Article 12. Monitoring the implementation of laws by sector and field

1. Ministries and sectors monitor the implementation of laws in fields under their jurisdiction.

a) Legal affairs units of ministries and sectors take the lead and coordinate with units under ministries and sectors to advise and assist ministers, heads of ministerial-level agencies, and heads of government-affiliated agencies in implementing monitoring of the implementation of laws in fields under their jurisdiction.

b) Units under ministries and sectors take the lead and coordinate with legal affairs units to assist ministers, heads of ministerial-level agencies, and heads of government-affiliated agencies in monitoring the implementation of laws in assigned fields; implement reporting systems on the implementation of laws as stipulated in Chapter IV of this Circular, and submit reports to legal affairs units for consolidation and reporting to ministers, heads of ministerial-level agencies, and heads of government-affiliated agencies.

2. The Ministry of Justice monitors the implementation of laws in fields under its jurisdiction.

a) The Department of General Issues on Law Building takes the lead and coordinates with units under the Ministry to advise and assist the Minister of Justice in implementing monitoring of the implementation of laws in fields under the Ministry's jurisdiction.

b) Units under the Ministry take the lead and coordinate with the Department of General Issues on Law Building to assist the Minister of Justice in monitoring the implementation of laws in assigned fields; implement reporting systems on the implementation of laws as stipulated in Chapter IV of this Circular, and submit reports to the Department of General Issues on Law Building for consolidation and reporting to the Minister of Justice.

Article 13. Monitoring the Implementation of Laws in Local Areas

The People's Committee at the provincial level monitors the implementation of laws in fields within its scope of management in local areas.

1. The Department of Justice advises and assists the People's Committee at the provincial level in carrying out work to monitor the implementation of laws in fields within the scope of management of the People's Committee at the provincial level; assists the Minister of Justice in monitoring the implementation of laws in fields within the scope of management of the Ministry of Justice in local areas.

2. Specialized agencies under the People's Committee at the provincial level and centrally governed cities cooperate with the Department of Justice to monitor the implementation of laws in assigned fields; implement reporting systems on the implementation of laws according to Chapter IV of this Circular, sending reports to the Department of Justice for consolidation and reporting to the People's Committee at the provincial level.

Article 14. Monitoring the Implementation of Laws Based on Information Provided by Agencies, Organizations, Enterprises, and Individuals

1. Ministries, sectors, and localities monitor the implementation of laws based on information about the implementation of laws provided by agencies, organizations, enterprises, and individuals.

2. Legal Affairs Organizations of Ministries, Sectors, and the Department of Justice take the lead and coordinate with relevant agencies, units, and organizations to advise and assist Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, and Chairpersons of Provincial People's Committees in receiving, consolidating, evaluating, and processing information about the implementation of laws provided by agencies, organizations, enterprises, and individuals.

Section 2

METHODS FOR IMPLEMENTING MONITORING WORK ON THE IMPLEMENTATION OF LAWS

Article 15. Methods for Implementing Monitoring Work on the Implementation of Laws

Monitoring work on the implementation of laws is carried out through the following methods:

1. Surveying and investigating the implementation of laws;

2. Inspecting the implementation of laws;

3. Collecting and processing information on the implementation of laws.

Article 16. Surveying and Investigating the Implementation of Laws

1. Annually, Ministries, Sectors, and People's Committees at the provincial level develop plans for surveying and investigating the implementation of laws, specifying the content, legal fields, and survey areas.

2. Legal Affairs Organizations of Ministries, Sectors, and the Department of Justice take the lead and coordinate with relevant agencies, units, and organizations to advise and assist Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, and Chairpersons of Provincial People's Committees in organizing surveys and investigations according to the plan and specific requirements from higher-level state agencies.

Article 17. Inspecting the Implementation of Laws

1. Ministries, Sectors, and People's Committees at the provincial level conduct inspections of the implementation of laws in fields within their jurisdiction.

2. Legal Affairs Organizations of Ministries, Sectors, and the Department of Justice advise and assist Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, and Chairpersons of Provincial People's Committees in leading and coordinating with relevant agencies and units to organize inspections of the implementation of laws in fields within their jurisdiction.

Article 18. Collection and Processing of Information on the Implementation of Laws

1. Information on the implementation of laws shall be collected from the following sources:

a) Reports on the implementation of laws by competent state agencies;

b) Results of surveys and investigations on the implementation of laws;

c) Results of inspections on the implementation of laws;

d) Information provided by agencies, organizations, enterprises, and individuals;

đ) Other information sources.

2. Information on the implementation of laws may only be used after it has been analyzed, evaluated, and processed. The collection and processing of information must comply with legal provisions on the collection and confidentiality of information.

Chapter IV

REPORT ON THE IMPLEMENTATION OF LAWS

Article 19. Reporting System

The report on the implementation of laws shall be conducted according to the following regime:

1. Annual reports;

2. Special topic reports;

3. Ad hoc reports.

Article 20. Annual Reports

1. The Ministry of Justice shall report to the Government on the situation of law enforcement nationwide before December 25th.

2. Ministries, sectors, and provincial People's Committees shall prepare reports on the implementation of laws within their assigned areas of responsibility and in their respective localities, and submit them to the Ministry of Justice for consolidation and reporting to the Government before October 31st.

3. The content of annual reports on the implementation of laws by ministries, sectors, and localities shall be based on the implementation of the contents stipulated in Articles 5, 6, 7, 8, and 9, and shall be prepared according to the template accompanying this Circular.

4. The fiscal year for reporting runs from October 1st of the previous year to September 30th of the reporting year.

Article 21. Special Topic Reports

Based on the Work Program and Supervision Plan of the National Assembly; the Key Work Program of the Government, and practical law enforcement, the Ministry of Justice shall guide certain key areas for ministries, sectors, and provincial People's Committees to prepare special topic reports on the implementation of laws.

Article 22. Ad Hoc Reports

Ministries, sectors, and provincial People's Committees shall have the responsibility to report on the implementation of laws in the following cases:

1. Upon request by the Ministry of Justice or other competent state agencies.

2. When discovering difficulties or inconsistencies in legal provisions or when it is deemed necessary to apply certain measures to promptly prevent potential harm to social life.

Chapter V

IMPLEMENTATION

Article 23. Budget for Monitoring the Implementation of Laws

The budget for monitoring the implementation of laws by ministries, sectors, and localities shall be used within the annual regular expenditure budget according to the regulations on budget decentralization. The preparation and allocation of the budget shall be carried out in accordance with the State Budget Law and related implementing documents.

Article 24. Effective Date

This Circular shall take effect forty-five days from the date of signature.

Article 25. Responsibilities for Implementation

Ministries, ministerial-level agencies, agencies under the Government, and provincial People's Committees directly under the Central Government shall be responsible for guiding and organizing the monitoring of the implementation of laws within their respective ministries, sectors, and localities in accordance with the provisions of this Circular. Any difficulties or obstacles encountered during implementation should be promptly reported to the Ministry of Justice for study and resolution./.