Circular No. 03/2019/TT-BTP stipulates certain contents regarding the statistical activities of the Justice Sector.

CIRCULAR

Regulations on certain contents

concerning statistical activities of the Justice Sector

__________________________ 

Pursuant to the Law on Statistics dated November 23, 2015;

Pursuant to the Decree No. 94/2016/NĐ-CP dated July 1, 2016 of the Government detailing and guiding the implementation of certain provisions of the Law on Statistics;

Decree No. 97/2016/NĐ-CP dated July 1, 2016 of the Government stipulating the content of statistical indicators belonging to the national statistical indicator system;

Pursuant to the Decree No. 60/2018/NĐ-CP dated April 20, 2018 of the Government detailing the content of national-level statistical reports;

Pursuant to Decree No. 96/2017/NĐ-CP dated August 16, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Justice;

At the proposal of the Director of the Planning and Finance Department;

The Minister of Justice issues this Circular regulating certain contents concerning statistical activities of the Justice Sector.

PART I

GENERAL PROVISIONS

Article 1. Scope of application

1. This Circular regulates the reporting system for statistics; statistical surveys; analysis, forecasting, publication, dissemination, and utilization of statistical information; application of information technology; inspection of the implementation of statistical work in the Justice Sector.

2. Statistical activities within the scope regulated by this Circular shall be carried out in the following fields:

a) Legislative drafting;

b) Legal document verification;

c) Legal document review;

d) Organization and personnel engaged in legal affairs;

e) Popularizing and educating the law;

f) Mediation at the grassroots level;

g) Legal access standards;

h) Household registration;

i) Authentication;

k) Criminal record;

l) Adoption;

m) Legal aid;

n) Security interest registration;

o) Lawyers;

p) Notarization;

q) Forensic appraisal;

r) Auction;

s) Commercial arbitration;

t) Commercial mediation;

u) Asset management;

v) Judicial assistance.

Article 2. Applicability

1. Units under and affiliated with the Ministry of Justice (hereinafter referred to collectively as units under the Ministry).

2. Ministries, agencies at the ministerial level, and government agencies.

3. People's Committees at all levels.

4. Departments of Justice and other relevant specialized agencies under provincial People's Committees.

5. Justice Departments and other relevant specialized agencies under district People's Committees.

6. State-owned enterprises.

7. Organizations practicing law and notarization.

8. Organizations conducting auctions, forensic appraisals, commercial mediations, asset management, and commercial arbitrations.

9. Individual commercial mediators and bankruptcy administrators registered to practice.

10. Organizations registering security interests.

11. Organizations providing legal aid.

12. Other agencies and organizations related according to the provisions of the law.

Article 3. Statistical Information

1. Statistical information of the Justice Sector includes statistical data and analyses thereof, collected to serve management, direction, operation, policy planning, and other tasks of the Ministry of Justice; to serve the collection and compilation of statistical indicators belonging to the National Statistical Indicator System under the responsibility of the Ministry of Justice, and to contribute to serving societal needs as prescribed by law.

2. Methods of collecting statistical information of the Justice Sector:

a) Reporting system for statistics of the Justice Sector;

b) Statistical surveys;

c) Utilizing administrative data.

3. Statistical reports include regular statistical reports and ad hoc statistical reports. Statistical surveys include surveys within the national statistical survey program and surveys outside the national statistical survey program.

Chapter II

STATISTICAL REPORTING SYSTEM

Article 4. Format of Statistical Reports

1. Statistical reports of the Justice Sector are implemented in the form of statistical report forms, including specific information about the name of the report form; the name of the organization or entity implementing the report and receiving the report (hereinafter referred to as the reporting unit and receiving unit); the reporting period; the content of the report; classification; unit of measurement; date of report preparation; the name and signature of the person preparing the report form and the person checking the form; the name and signature of the head of the reporting organization or entity, stamped according to regulations, and other related information.

2. In cases where it is necessary to clarify more information related to the figures mentioned in the statistical reports and other related information regarding the implementation of the reporting system for statistics stipulated in this Circular, the reporting unit supplements an explanatory section (annotation) in one or a combination of the following formats:

a) Displayed at the final position outside the frame of the statistical report form, above the signature section specified in Clause 1 of this Article (in case the annotation content is not extensive);

b) Displayed in the form of a Letter (according to the detailed model prescribed in Appendix III attached to this Circular).

Article 5. Forms of Statistical Reports

The subjects specified in Article 2 of this Circular shall choose one of the following forms to submit reports to the receiving units based on their actual conditions:

1. Written paper report signed by the Head and stamped by the reporting unit, sent via postal service or delivered directly.

2. Electronic document report presented in one of the following two forms:

a) An electronic document in image format (pdf) of the paper report as stipulated in Clause 1 of this Article;

b) An electronic document in file format authenticated by the digital signature of the Head of the agency or organization as prescribed by law.

3. Report through a utility on the Justice Statistics Software developed and deployed under the direction of the Ministry of Justice.

Article 6. Periodic Statistical Reports

1. Reporting Period:

Periodic statistical reports are prepared annually every six months and once a year according to the system of forms issued together with this Circular.

The list of statistical report forms regarding judicial work is specified in Appendix I issued together with this Circular.

a) The six-month statistical reporting period runs from January 1st to June 30th each year. It includes actual data and estimated data for the reporting period. Actual data are taken from January 1st to May 31st.

b) The annual statistical reporting period runs from January 1st to December 31st each year. It includes:

Annual report (for judicial work summary): Includes actual data and estimated data for the reporting period.

For reports of subjects under Clause 1 and 2 of Article 2 of this Circular (except the Ministry of Foreign Affairs in the field of certification and adoption): Actual data are taken from January 1st to November 30th each year.

For reports of subjects under Clauses 3 to 12 of Article 2 of this Circular: Actual data are taken from January 1st to October 31st each year.

Official annual report: Includes all actual data carried out during the reporting period (from January 1st to December 31st each year).

2. Deadline for Receiving Reports:

a) The deadline for receiving periodic reports at each level is specifically defined in the upper left corner of each statistical report form and in Appendix II issued together with this Circular.

b) In case the reporting deadline coincides with a weekly holiday or a public holiday as prescribed by law, the deadline for receiving periodic reports will be extended to the next working day after the holiday.

3. Estimation of Statistical Data:

a) The estimation of statistical data as prescribed in this Circular is carried out during the six-month reporting period and the annual report (to serve semi-annual and annual summaries of judicial work). The reporting subject shall implement as prescribed in Point c, Clause 3 of this Article.

Estimated data are data for the period that will occur during the reporting period, using specialized methods for estimation.

b) The method of estimating data and the way of recording actual data and estimated data are implemented according to detailed guidance in Appendix IV issued together with this Circular.

c) During the reporting periods, the reporting units only report actual data, not estimated data. The reporting units estimate internally for management purposes. The Planning and Finance Department of the Ministry of Justice proactively estimates nationwide.

4. Scope of Content in Reports:

a) Based on the regulations on periodic statistical reporting systems and the forms attached to this Circular, taking into account management needs, directives, and operations, if necessary, the Ministry of Justice may issue specific guidelines on the scope of content for six-month and annual periodic statistical reports to serve semi-annual and annual summaries of judicial work.

b) The scope of the official annual report is fully implemented according to the forms issued together with this Circular.

Article 7. Special Statistical Reports

1. Special Statistical Reports are conducted to assist the Ministry of Justice in collecting and summarizing information outside the statistical information collected and summarized according to the regular statistical reporting system prescribed in this Circular.

2. Special Statistical Reports are carried out upon a written request signed by the leadership of the Ministry of Justice.

The structure, content, method, deadline for reporting, data collection period, deadline for special statistical reports, place of receipt of the report, and other related matters shall be implemented in accordance with the written request of the leadership of the Ministry of Justice.

Article 8. Scope of Statistics, Responsibilities of Units Implementing Reports and Units Receiving Reports

1. Scope of Statistics:

Units implementing the statistical reporting system, within their assigned functions, tasks, and authority, collect and summarize statistical information from original records and ledgers, from subordinate units' statistical reports, and from other agencies and organizations responsible for reporting; results of statistical surveys, data extracted from administrative database software of the Justice Sector and official information sources of relevant agencies and organizations as prescribed by law and this Circular to serve sector management and the collection and compilation of national statistical indicators as prescribed by law.

2. Responsibilities of Units Implementing Reports:

a) Record, compile data, prepare and submit truthful, accurate, complete, and timely reports in accordance with the provisions of law and this Circular;

b) Self-inspect compliance with statistical laws regarding the statistical information within their authority to promptly correct, supplement, and adjust any errors, omissions, and inaccuracies in statistical reports. Amend or supplement necessary information related to statistical reports when requested by the receiving unit;

c) Fulfill other responsibilities as prescribed by statistical laws and this Circular;

d) Heads of reporting units have the responsibility:

To organize the implementation of the provisions at points a, b, and c of Clause 2 of this Article;

Assign personnel to check statistical forms to conduct self-inspection on the format and content of statistical reports before signing and sending them to the competent authority in accordance with one of the methods prescribed in Article 5 of this Circular, while being responsible to higher authorities and the law for the content of the report.

3. Responsibilities of Units Receiving Reports:

a) Check, reconcile, process, and summarize statistical data and related information from received statistical reports according to their authority to build their own statistical reports;

b) Promptly request the agency implementing statistical reports to correct, supplement, and adjust any errors, omissions, or need to reconfirm the accuracy in the content of statistical reports;

c) In cases where necessary, coordinate with relevant agencies and organizations to reconcile received statistical information or base on other official information sources obtained under state management authority to supplement and amend collected statistical data to ensure the accuracy, comprehensiveness, truthfulness, and objectivity of statistical information within their consolidation responsibility;

d) Submit statistical reports on time to levels using statistical information as prescribed by law;

e) Fulfill other responsibilities as prescribed by statistical laws and this Circular.

Article 9. Amendment and Supplement of Statistical Report Data

1. The amendment and supplementation of statistical data are applied in cases where statistical data in statistical reports conducted according to this Circular are still lacking or fail to ensure accuracy and reasonableness.

2. The amendment and supplementation of statistical reports are carried out in the form of paper documents or electronic documents, reporting utilities on the Justice Sector's statistical software prescribed in Article 5 of this Circular, clearly indicating the date of report preparation and having signatures, seals, or digital signatures in accordance with the legal regulations of the head of the unit preparing the statistical report.

Article 10. Responsibilities for receiving, processing, compiling, and analyzing statistical reports of the Ministry of Justice

1. The Planning and Finance Department under the Ministry of Justice, as the focal point for receiving statistical reports sent to the Ministry of Justice, shall be responsible for:

a) Urging units to submit statistical reports to the Ministry of Justice within the prescribed reporting deadlines as stipulated in Article 6 of this Circular;

b) Timely and fully classifying and transferring statistical reports to relevant units under the Ministry of Justice;

c) Urging and inspecting the results of the processing of statistical reports submitted by units under the Ministry;

d) Leading and coordinating with the Ministry's Office and relevant units under the Ministry to guide the implementation of the reporting system as stipulated in Article 6 of this Circular; analyzing and compiling key statistical information to timely serve the mid-year and annual reviews of the Ministry's work;

e) Organizing the compilation of the Ministry of Justice's statistical report and submitting it to the General Statistics Office in accordance with the provisions of the law.

2. Units under the Ministry of Justice shall be responsible for:

a) Preparing statistical report forms within their responsibility as prescribed in this Circular;

b) Compiling and analyzing statistical reports in their respective fields of management, and promptly sending the results of processing and statistical data to the Planning and Finance Department to serve mid-year and annual reviews and other management activities within the Ministry's authority;

c) Cooperating with the Planning and Finance Department and the Ministry's Office in compiling, reviewing, and analyzing data from statistical reports to ensure that statistical data is complete, accurate, truthful, objective, timely, and uniformly and effectively utilized in each field of management under the Ministry's authority as prescribed.

Chapter III

STATISTICAL INVESTIGATION

Article 11. Scope of Statistical Investigation and Authority to Decide on Statistical Investigations

The Minister of Justice decides on statistical investigations of the Justice Sector to collect statistical information in the following cases:

1. Statistical investigations assigned in the National Statistical Investigation Program.

2. Statistical investigations outside the National Statistical Investigation Program include:

a) Statistical investigations to supplement information from organizations implementing the reporting system;

b) Statistical investigations to collect statistical information when there is an urgent need;

c) Other statistical investigations within the authority of the Ministry of Justice as prescribed by law.

Article 12. Planned Statistical Investigations

1. A planned statistical investigation is a method of collecting statistical information according to an investigation plan established periodically and approved by the Minister of Justice or the competent authority.

2. The Planning and Finance Department under the Ministry of Justice shall be responsible for guiding units under the Ministry to develop plans for statistical investigations in accordance with the law.

Article 13. Emergency Statistical Investigations

1. An emergency statistical investigation is an activity of collecting statistical information through an investigation not included in the regular statistical investigation plan of the Ministry of Justice.

2. Based on directives from the competent authority or based on management, guidance, and operational needs of the Ministry of Justice, the Minister of Justice decides on conducting emergency statistical investigations and assigns units under the Ministry to lead such investigations.

3. Units assigned to conduct emergency statistical investigations shall develop plans and investigation methods in accordance with the law and this Circular, and implement the statistical investigation after the plan and method have been approved.

Article 14. Establishing Survey Plans

1. Each survey conducted within the Justice Sector must have a survey plan approved by the Minister of Justice.

2. Survey plans developed by units under the Ministry must ensure all contents required by law and be submitted to the Planning and Finance Department of the Ministry for comments on statistical expertise.

Within five days of receiving the comments from the Planning and Finance Department, the unit under the Ministry is responsible for completing the survey plan and resubmitting it to the Planning and Finance Department for consolidation, then sending it to the General Statistics Office for professional review before presenting it to the Minister of Justice for approval.

Article 15. Organizing Survey Activities

Units under the Ministry are responsible for coordinating with relevant agencies, organizations, and localities to organize and implement survey activities following the approval of the survey plan as stipulated in Article 14 of this Circular. The results of the surveys must be sent to the Planning and Finance Department for general oversight and compilation into the statistical information products of the Justice Sector.

The organization of survey activities, the powers and responsibilities of the survey conducting agency, the person conducting the survey, and the responsibilities of the surveyed organizations and individuals shall be carried out in accordance with the Law on Statistics and guiding documents implementing the Law on Statistics.

Chapter IV

ANALYSIS, FORECASTING, ANNOUNCING, SPREADING, USING STATISTICAL INFORMATION, APPLYING INFORMATION TECHNOLOGY AND MONITORING THE IMPLEMENTATION OF STATISTICAL WORK IN THE JUSTICE SECTOR

Article 16. Analysis, Forecasting; Retaining Statistical Information and Applying Information Technology in Statistical Work of the Justice Sector

1. The Planning and Finance Department of the Ministry of Justice is responsible for leading and coordinating with the Ministry's Office and other units under the Ministry to carry out periodic or on-demand analysis and forecasting of statistical information, building, analyzing, retaining, and utilizing general statistical information of the Justice Sector and other assigned activities to help the Minister uniformly manage statistical information of the sector in accordance with the law and this Circular.

2. The Information Technology Department of the Ministry of Justice is responsible for leading and coordinating with the Planning and Finance Department, the Civil Status, Nationality, and Notarization Department, and other related units under the Ministry to promote the application of information technology in the statistical work of the sector, including the following activities:

a) Completing and deploying the Justice Sector Statistical Reporting Software;

b) Integrating and utilizing statistical data from specialized application software, from the Electronic Civil Status Database, and other administrative databases within their assigned responsibility to serve the statistical activities of the Ministry of Justice and national statistical activities as prescribed by law.

Article 17. Announcing, Spreading, Using Statistical Information

1. The Planning and Finance Department of the Ministry of Justice is responsible for leading and coordinating with the Ministry's Office and other units under the Ministry to develop a schedule for spreading statistical information, submitting it to the Minister for signature and issuance prior to announcing and spreading the information, perfecting statistical products to present to the Minister for announcing general statistical information of the Justice Sector as prescribed.

2. The Minister of Justice decides on the announcement of statistical information within the scope of state management over judicial affairs in accordance with the law based on the approved Schedule for Announcing and Spreading Statistical Information of the Ministry.

Do not announce statistical information of the Justice Sector that belongs to the National Statistical Indicator System, statistical information contained in documents classified as top secret and secret under the jurisdiction of the Ministry of Justice according to the law.

Depending on the time of announcement and the nature and level of the announced information, the statistical data of the Justice Sector to be announced includes estimated statistical data, preliminary statistical data, official statistical data, or one of the types of data at the aforementioned level.

Announced statistical information has legal value. Any citation or use of announced statistical information of the Justice Sector must be truthful and clearly indicate the source of the information.

3. Statistical information of the Justice Sector is announced and spread through the following forms: Statistical Yearbook; press conferences; electronic statistical products published on the Ministry of Justice's online portal or other forms of announcement approved by the Minister of Justice.

Article 18. Inspection of the Implementation of Statistical Work in the Justice Sector

1. Scope of Content to be Inspected

Inspection of the implementation of statistical work as prescribed in this Circular and other contents related to the management of statistical work within the scope assigned.

2. Forms of Inspection

a) Periodic inspection;

b) Spot inspection.

3. Periodic inspection of statistical work shall be carried out based on a plan approved by the competent authority in the form of an independent plan or integrated into the inspection plan for judicial work of the agency or organization, and such plan must be notified to the inspected agency or organization at least 15 days prior to the inspection.

4. Spot inspection of statistical work shall be conducted based on the decision of the competent authority according to the management needs, directives, and operational requirements of the agency or organization as stipulated by law.

 

Chapter V

IMPLEMENTATION

Article 19. Responsibility for implementation organization

1. The Ministry of Justice shall be responsible for directing, organizing guidance on business procedures, monitoring, urging, inspecting, summarizing, and concluding the implementation of this Circular nationwide.

The Planning and Finance Department under the Ministry of Justice shall assist the Minister of Justice in implementing the aforementioned responsibilities.

2. Heads of Ministries, agencies equivalent to ministries, government agencies, and Chairpersons of People's Committees at provincial level shall organize the implementation of the provisions of this Circular within their assigned tasks and authorities, and ensure appropriate conditions for its implementation in accordance with the law.

3. Heads of units under the Ministry of Justice, Directors of Departments of Justice, and Heads of relevant agencies and organizations shall, within their respective authorities, be responsible for organizing the implementation, monitoring, inspecting, and urging compliance with the reporting system of statistical data of the Justice Sector and other statistical activities prescribed in this Circular, ensuring the provision of complete, accurate, truthful, and objective statistical information within the specified timeframe.

Article 20. Effective Date

1. This Circular takes effect from May 15, 2019, and replaces Circular No. 04/2016/TT-BTP dated March 3, 2016, issued by the Ministry of Justice, which prescribes certain contents regarding statistical activities in the Justice Sector.

2. For areas under the management authority of the Ministry of Justice where statistical data collection and compilation are not regulated in this Circular, such activities shall be carried out in accordance with the regulations set forth in sector-specific normative legal documents.

3. During the implementation of this Circular, if there are difficulties or obstacles, they should be promptly reported to the Ministry of Justice for research and resolution./.