Circular No. 04/2016/TT-BTP stipulates certain contents regarding statistical activities of the Justice Sector

 CIRCULAR

Regulations on certain contents regarding statistical activities of the Justice Sector

__________________________

Based on the Statistics Law 2015;

Pursuant to Decree No. 22/2013/NĐ-CP dated March 13, 2013, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

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

The Minister of Justice issues this Circular stipulating Certain contents regarding statistical activities of the Justice Sector.

PART I

GENERAL PROVISIONS

Article 1. Scope of application

1. This Circular stipulates 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 of the Justice Sector within the scope of functions and tasks of the Ministry of Justice as prescribed by law.

2The statistical activities regulated by this Circular shall be conducted in the following fields:

a) Legislative drafting;

b) Legal document verification;

c) Legal document review;

d) Administrative procedure control;

e) Popularizing and educating the law;

f) Mediation at the grassroots level;

g) Civil status;

h) Citizenship;

i) Authentication;

k) Criminal record;

l) Adoption;

m) Legal aid;

n) Security interest registration;

o) Lawyers;

p) Notarization;

q) Forensic appraisal;

r) Auction of assets;

s) Commercial arbitration;

t) Legal system;

u) Judicial assistance.

Article 2. Applicability

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

2. Ministries, ministerial-level agencies, 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 Offices and other relevant specialized agencies under district People's Committees;

6. Organizations practicing lawyer and notary professions;

7. Organizations conducting asset auctions and judicial appraisals;

8. Organizations registering secured transactions;

9. Organizations providing legal aid;

10. Other agencies and organizations related as prescribed by law.

Article 3. Statistical Information

1. Statistical information of the Justice Sector includes statistical data and analyses thereof, collected to serve management, guidance, operation, policy planning, and other tasks of the Ministry of Justice; to collect and compile national statistical indicators within the responsibility of the Ministry of Justice and 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. TForm of statistical report

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

2. In cases where it is necessary to clarify more information related to the figures mentioned in the statistical reports and other information related to the implementation of the reporting system prescribed in this Circular, the reporting unit may supplement explanatory sections (notes) 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. Electronic document in image format (pdf) of the paper report as prescribed in Clause 1 of this Article.

b. Electronic document in electronic file format authenticated by digital signature of the Head of the agency or organization implementing the report 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 Periods

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 reporting period runs from January 1 to June 30 each year. It includes actual figures and estimated figures during the reporting period. Actual figures are taken from January 1 to May 31; Estimated figures are taken from June 1 to June 30 each year.

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

- Annual report (for summarizing judicial work): Includes actual figures and estimated figures during the reporting period.

For reports of entities under Clause 1 and 2 of Article 2 of this Circular (except the Ministry of Foreign Affairs in the field of civil status, citizenship, and certification reports): Actual figures are taken from January 1 to November 30 each year; Estimated figures are taken from December 1 to December 31 each year.

For reports of entities under Clause 3 to Clause 10 of Article 2 of this Circular: Actual figures are taken from January 1 to October 31 each year; Estimated figures are taken from November 1 to December 31 each year.

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

2. Deadline for receiving reports

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

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

3. Estimating statistical figures

a) The estimation of statistical figures prescribed in this Circular is carried out during the six-month reporting period and the annual report (to serve periodic mid-year and year-end summaries of judicial work).

Estimated figures are figures for the period that will occur during the reporting period, using professional methods for estimation.

b) The method of estimating figures and the way of recording actual figures and estimated figures are carried out in accordance with detailed guidelines in Appendix IV issued together with this Circular.

4. Scope of report content

a) On the basis of the regular statistical reporting system and the accompanying statistical forms prescribed in this Circular, based on management, guidance, and operational needs, if necessary, the Ministry of Justice may issue specific guidelines on the scope of content for six-month regular statistical reports and annual reports to serve the mid-year and year-end 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. An extraordinary statistical report is prepared to assist the Ministry of Justice in collecting and compiling information beyond that collected and compiled according to the regular 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 time, deadline for submitting extraordinary statistical reports, the recipient of the report, and other related matters shall be specified in the document issued by the competent authority requesting the report.

Article 8. Scope of statistics, responsibilities of units implementing and receiving reports

1. Scope of statistics

Units implementing the statistical reporting system, within their assigned functions, tasks, and authorities, collect and compile 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, extracted data from administrative database software of the Sector and official information from relevant agencies and organizations as prescribed by law and this Circular to serve management of the Sector and to fulfill 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 laws on statistics regarding statistical information within their jurisdiction to promptly correct, supplement, and adjust any errors, omissions, and inaccuracies in statistical reports. Amend or supplement necessary information related to statistical reports upon request from the receiving unit.

c) Fulfill other responsibilities as prescribed by laws on statistics and this Circular.

d) Heads of reporting units have the responsibility:

- Organize the implementation of provisions at points a, b, and c of Clause 1 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 as prescribed in Article 5 of this Circular, while bearing responsibility before superiors and the law for the content of the report.

3. Responsibilities of units receiving reports

a) Check, reconcile, process, and compile statistical data and related information from received statistical reports within their jurisdiction 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) When necessary, coordinate with relevant agencies and organizations to verify received statistical information or rely on other official sources under their state management authority to supplement and amend collected statistical data to ensure its accuracy, comprehensiveness, truthfulness, and objectivity as required by their agency or organization.

d) Submit comprehensive 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. Amendments and supplements to statistical data shall be applied when statistical data in reports implemented according to this Circular are incomplete or fail to ensure accuracy and reasonableness.

2. Amendments and supplements to statistical reports shall be made in the form of paper documents or electronic documents, or through the reporting utility on the Ministry of Justice's statistical software as prescribed in Article 5 of this Circular, clearly indicating the date of preparation and signed, stamped, or confirmed by digital signature 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 Department of Planning and Finance under the Ministry of Justice, which is the focal point for receiving statistical reports sent to the Ministry of Justice, is 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) Taking the lead and coordinating with the Ministry's Office and relevant units under the Ministry to guide the implementation of the reporting system as prescribed in Article 6 of this Circular; analyzing and compiling key statistical information to timely serve annual mid-term and final reviews of the Sector'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 areas under their management responsibilities and promptly sending the results of processing and compiling statistical data to the Department of Planning and Finance to serve mid-term and final reviews and other management activities within the Ministry of Justice's authority.

c) Coordinating with the Department of Planning and Finance 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 used in each management area under the Ministry of Justice'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 Department of Planning and Finance is responsible for guiding subordinate units in building statistical survey plans 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 competent authorities or based on management, guidance, and operational needs of the Ministry of Justice, the Minister of Justice decides to conduct extraordinary statistical surveys and assigns subordinate units to lead such surveys.

3. Units assigned to conduct extraordinary statistical surveys develop plans and methods for statistical surveys in accordance with the law and this Circular, and implement the surveys after the plans and methods 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. Statistical survey plans developed by subordinate units leading the surveys must include all elements of a statistical survey plan as prescribed by law and be submitted to the Department of Planning and Finance for professional statistical comments.

Within five days of receiving comments from the Department of Planning and Finance, subordinate units are responsible for completing the statistical survey plans and resubmitting them to the Department of Planning and Finance for consolidation and submission to the General Statistics Office for professional review prior to approval by the Minister of Justice.

Article 15. Organizing Survey Activities

Units under the Ministry shall be responsible for coordinating with relevant agencies, organizations, and localities to organize the implementation of statistical surveys after the survey plans set forth in Article 14 of this Circular have been approved; the results of the statistical surveys must be sent to the Department of Planning and Finance for general monitoring and consolidation into the statistical information products of the Justice Sector.

The organization of statistical activities, the powers and responsibilities of the investigating agency, the person conducting the statistical survey, and the responsibilities of the organization or individual being surveyed shall be carried out in accordance with the provisions of the Statistics Law and guiding documents implementing the Statistics Law.

Chapter IV

ANALYSIS, FORECASTING, ANNOUNCEMENT, DISSEMINATION, USE OF STATISTICAL INFORMATION,

APPLICATION OF 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 Department of Planning and Finance under the Ministry of Justice shall be responsible for leading and coordinating with the Ministry's Office and other units within the Ministry to implement periodic analysis and forecasting of statistical information as required by the Ministry's leadership, to construct, analyze, store, and utilize general statistical information of the Justice Sector and other assigned activities to assist the Minister in uniformly managing statistical information of the sector in accordance with the law and the provisions of this Circular.

2. The Information Technology Agency shall be responsible for leading and coordinating with the Department of Planning and Finance, the Civil Status, Citizenship, Notarization Agency, and other related units within the Ministry of Justice 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 software applications, from the Electronic Civil Status Database, and other administrative databases within its 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 Department of Planning and Finance shall be responsible for leading and coordinating with the Ministry's Office and other units within the Ministry of Justice to develop a schedule for disseminating statistical information, submit it to the Minister for signature and issuance before announcing and disseminating statistical information, complete statistical products to present to the Minister for the announcement of general statistical information of the Justice Sector as prescribed.

2. The Minister of Justice shall decide on the announcement of statistical information within the scope of state management over judicial work according to the provisions of the law based on the Statistical Announcement and Dissemination Schedule of the Ministry that has been approved.

Do not announce statistical information of the Justice Sector belonging 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 may include 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 and no organization or individual may alter or change it.

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 disseminated through the following forms: Statistical Yearbook; press conferences; statistical products in electronic form published on the Ministry of Justice's electronic 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

a) Inspecting compliance with laws on statistics;

b) Inspecting compliance with statistical reporting systems;

c) Inspecting other contents related to statistical work management within the assigned scope.

2. Forms of Inspection

a) Periodic inspection;

b) Spot inspection.

3. Regular inspections of statistical work shall be conducted 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 this plan must be notified to the inspected agency or organization at least 15 days prior to the inspection.

4. Unscheduled inspections of statistical work shall be carried out based on the decision of the competent authority based on management needs, directives, and operational requirements of the agency or organization according to the law.

Chapter V

IMPLEMENTATION

Article 19. Responsibility for implementation

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 Department of Planning and Finance under the Ministry of Justice shall be responsible for assisting the Minister of Justice in fulfilling the above responsibilities.

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

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

Article 20. Effective Date

1. This Circular takes effect from July 1, 2016 and replaces Circular No. 20/2013/TT-BTP dated December 3, 2013 of the Ministry of Justice guiding certain aspects of statistical activities of the Justice Sector.

2. For areas under the jurisdiction 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 detailed regulations in legal documents specific to those professional fields.

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./.