Circular No. 04/2021/TT-BTP guiding the implementation of Government Decree No. 59/2012/NĐ-CP dated July 23, 2012 on monitoring the implementation of laws and Government Decree No. 32/2020/NĐ-CP dated March 5, 2020 amending and supplementing certain articles of Government Decree No. 59/2012/NĐ-CP.

CIRCULAR
Guidelines for implementing Decree No. 59/2012/NĐ-CP dated July 23, 2012 of the Government on monitoring the implementation of laws and Decree No. 32/2020/NĐ-CP dated March 5, 2020 of the Government amending and supplementing certain articles of Decree No. 59/2012/NĐ-CP
The Government on monitoring the implementation of laws and Decree No.
32/2020/NĐ-CP dated March 5, 2020, amending and supplementing some articles
of Decree No. 59/2012/NĐ-CP

Pursuant to Decree No. 59/2012/NĐ-CP dated July 23, 2012 of the Government on monitoring the implementation of laws;

Pursuant to Decree No. 32/2020/NĐ-CP dated March 5, 2020 of the Government amending and supplementing certain articles of Decree No. 59/2012/NĐ-CP dated July 23, 2012 of the Government on monitoring the implementation of laws;

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 Department of Administrative Violation Management and Legal Supervision;

The Minister of Justice issues this Circular guiding the implementation of Decree No. 59/2012/NĐ-CP dated July 23, 2012 on monitoring the implementation of laws and Decree No. 32/2020/NĐ-CP dated March 5, 2020 of the Government amending and supplementing certain articles of Decree No. 59/2012/NĐ-CP.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the performance of activities to monitor the implementation of laws, including: developing and promulgating plans to monitor the implementation of laws; inspecting the work of monitoring the implementation of laws, inspecting the implementation of laws; investigating and surveying the implementation of laws; collecting, receiving, processing information on the implementation of laws; reviewing, evaluating, and handling the results of monitoring the implementation of laws; reporting on the work of monitoring the implementation of laws; coordinating the monitoring of the implementation of laws within the administrative state system and law enforcement observers.

Article 2. Applicability

This Circular applies to ministries, ministerial-level agencies, government agencies, provincial people's committees at all levels, and relevant agencies, organizations, and individuals involved in the activity of monitoring the implementation of laws.

PART II
MONITORING ACTIVITIES OF THE IMPLEMENTATION OF LAWS

Article 3. Developing and promulgating plans to monitor the implementation of laws

Clause 1. Basis for developing and promulgating plans to monitor the implementation of laws

Point a) Plans to monitor the implementation of laws in key areas and cross-sectoral areas are issued by the Prime Minister

Based on the resolution of the National Assembly at the end-of-year session regarding the development plan for the next year, the results of the National Assembly's supervision activities, the content of the responses to questions from National Assembly deputies, the petitions of voters in that year, and the practical implementation of laws, the Ministry of Justice shall take the lead and coordinate with ministries, ministerial-level agencies, and government agencies to propose and develop plans to monitor the implementation of laws in key areas and cross-sectoral areas to be submitted to the Prime Minister for consideration and issuance before January 1 of the planning year.

Point b) Plans to monitor the implementation of laws issued by ministries, ministerial-level agencies, and government agencies

Based on the plans to monitor the implementation of laws approved by the Prime Minister and according to the progress of monitoring the implementation of laws within their management scope and in the assigned fields of government agencies, legal departments of ministries, ministerial-level agencies, and government agencies shall take the lead and coordinate with units under ministries, ministerial-level agencies, and government agencies to advise ministers, heads of ministerial-level agencies, and government agencies to issue plans to monitor the implementation of laws of their ministries and sectors before January 30 of the planning year, and send them to the Ministry of Justice for monitoring and consolidation.

Point c) Plans to monitor the implementation of laws issued by people's committees at all levels

Based on the plans to monitor the implementation of laws issued by the Prime Minister and the practical implementation of laws within their management scope in localities, the Department of Justice shall take the lead and coordinate with specialized agencies under provincial people's committees to advise chairpersons of provincial people's committees to issue plans to monitor the implementation of laws of their localities before January 30 of the planning year, and send them to the Ministry of Justice for monitoring and consolidation.

Based on the plans to monitor the implementation of laws of provincial people's committees in the province, chairpersons of district people's committees and commune-level people's committees shall issue plans to monitor the implementation of laws of their localities within the time limit specified in the plans to monitor the implementation of laws of higher-level people's committees, and send them to the Department of Justice and District Justice Departments for monitoring and consolidation.

Clause 2. Plans to monitor the implementation of laws include the following main contents:

a) Objectives and requirements;

b) Fields of law to be monitored and evaluated;

c) Activities to monitor the implementation of laws and progress in implementation;

Point d) Responsibilities of agencies and organizations in implementing the plans;

đ) Budget for implementing the plan.

Article 4. Supervision of Law Enforcement

1. Scope of Responsibility for Supervision

a) The Ministry of Justice supervises the implementation of law enforcement monitoring work nationwide; supervises the enforcement of laws in key areas and cross-sectoral fields.

The Administrative Violation Management and Law Enforcement Monitoring Department takes the lead and coordinates with relevant agencies and units to advise and assist the Minister of Justice in conducting supervision.

b) Ministries, ministerial-level agencies, and government-affiliated agencies supervise the implementation of law enforcement monitoring work by subordinate agencies and units; supervise the enforcement of laws within their respective sectors and fields of management, and the assigned fields of government-affiliated agencies.

Legal Affairs Organizations under ministries, ministerial-level agencies, and government-affiliated agencies take the lead and coordinate with relevant agencies and units to advise and assist the Minister, Head of a ministerial-level agency, or Head of a government-affiliated agency in supervising the implementation of law enforcement monitoring work by ministries, ministerial-level agencies, and government-affiliated agencies.

Agencies and units under ministries, ministerial-level agencies, and government-affiliated agencies advise and assist the Minister, Head of a ministerial-level agency, or Head of a government-affiliated agency in supervising the enforcement of laws within their assigned sectors and fields.

c) People's Committees at all levels supervise the implementation of law enforcement monitoring work by specialized agencies under the same level People's Committee and directly subordinate People's Committees; supervise the enforcement of laws within their local administrative jurisdiction.

Departments of Justice, Judicial Departments take the lead and coordinate with specialized agencies under provincial and district People's Committees to advise and assist the same level People's Committee in supervising the implementation of law enforcement monitoring work, and supervise the enforcement of laws in key and cross-sectoral fields locally.

Specialized agencies under provincial and district People's Committees advise and assist the same level People's Committee in supervising the enforcement of laws within their local administrative jurisdiction.

2. Content of Supervision on Law Enforcement

a) The content of supervision on the implementation of law enforcement monitoring work is carried out according to the provisions of Clause 4, Article 1 of Decree No. 32/2020/NĐ-CP dated March 5, 2020 of the Government amending and supplementing certain articles of Decree No. 59/2012/NĐ-CP dated July 23, 2012 of the Government on monitoring the situation of law enforcement.

b) The content of supervision on the enforcement of laws in key and cross-sectoral fields, and supervision on the enforcement of laws in key fields of ministries, sectors, and localities is carried out according to the provisions of Articles 7, 8, 9, and 10 of Decree No. 59/2012/NĐ-CP dated July 23, 2012 of the Government on monitoring the situation of law enforcement.

3. Organization of Supervision

a) Based on the annual plan for monitoring the situation of law enforcement, ministries, ministerial-level agencies, government-affiliated agencies, and People's Committees at all levels establish inspection teams.

b) The decision to establish an inspection team includes the following basic contents: date of issuance of the decision; basis for issuing the decision; inspected entity; scope of inspection; names, positions of the Team Leader, Deputy Team Leader, and members; authority and responsibilities of the inspection team; authority and responsibilities of the inspected entity.

c) The decision to establish an inspection team must be notified to the inspected agency, organization, or individual at least seven working days before the start of the inspection. In case of surprise inspections, the decision to establish an inspection team must be sent to the inspected entity immediately after the decision is issued or handed directly to the inspected entity when the inspection activity begins.

d) The inspection team conducts inspections according to the contents stipulated in the decision establishing the inspection team. If necessary, they may organize on-site inspections, verify information, documents, and results of law enforcement to serve as a basis for concluding the inspection contents.

đ) Agencies, organizations, or individuals subject to inspection must submit written reports, provide related information and documents concerning the inspection contents; explain issues related to the inspection contents upon request of the inspection team. The inspection team examines, verifies, and concludes on issues related to the inspection contents.

e) Within fifteen days from the end of the inspection, the Team Leader must issue a written notification of the inspection conclusion and send it to the inspected agency, organization, or individual.

g) The inspection conclusion must include the following basic contents: observations and evaluations of achievements; existing problems, limitations, and reasons for these problems and limitations in law enforcement; recommendations for implementing measures to enhance the effectiveness of law enforcement and improve the legal system; recommendations for considering and handling responsibility for violations (if any) by agencies, units, or authorized officials in law enforcement.

Article 5. Investigation and Survey on Law Enforcement

1. Investigation and survey on law enforcement shall be conducted by ministries, ministerial-level agencies, government agencies, and people's committees at all levels to serve the examination and evaluation of law enforcement situations. Such activities shall be carried out according to the Plan for Monitoring Law Enforcement Situations when there are difficulties, obstacles, or inadequacies in practical enforcement or upon the request of state agencies or competent authorities.

2. The contents of investigation and survey on law enforcement shall be implemented in accordance with Articles 7, 8, 9, and 10 of Decree No. 59/2012/NĐ-CP.

3. Main subjects to be investigated and surveyed

a) Organizations and individuals directly related to law enforcement in the selected fields for investigation and survey.

b) Experts and scientists knowledgeable about the selected fields for investigation and survey.

4. Ministries, ministerial-level agencies, government agencies, and people's committees at all levels shall conduct investigations and surveys through questionnaires, seminars, roundtable discussions, direct interviews, and other appropriate forms.

Depending on the requirements for examining and evaluating law enforcement situations, ministries, ministerial-level agencies, government agencies, and people's committees at all levels shall mobilize collaborators to participate in investigation and survey activities.

Article 6. Collection, Reception, and Processing of Information on Law Enforcement Situations

1. Information on law enforcement situations includes information with contents stipulated in Articles 7, 8, 9, and 10 of Decree No. 59/2012/NĐ-CP.

2. Responsibilities for collecting, receiving, and processing information on law enforcement situations

a) The Ministry of Justice shall collect, receive, and process information on law enforcement situations nationwide.

b) Ministries and ministerial-level agencies shall collect, receive, and process information on law enforcement situations within their respective management scopes.

Government agencies shall collect, receive, and process information on law enforcement situations in their assigned fields.

c) People's committees at all levels shall collect, receive, and process information on law enforcement situations within their local management scopes.

3. Information on law enforcement situations shall be collected and received from the following sources:

a) Administrative reports of state agencies;

b) Results of inspection, investigation, and survey activities on the implementation of laws;

c) Information from mass media;

d) Reflections and recommendations from organizations and individuals;

d) Other appropriate information sources as prescribed by law.

4. Organizations and individuals may provide information on law enforcement situations to competent state agencies through the following methods:

a) Sending documents to competent state agencies;

b) At the reception office for citizens;

c) Through the Portal/Website of state agencies;

d) Through the phone number of state agencies, hotlines;

d) Through email boxes;

e) Other appropriate methods of providing information.

5. Ministries, ministerial-level agencies, government agencies, and people's committees at all levels shall be responsible for researching, analyzing, comparing, verifying, and evaluating information on law enforcement situations within their authority to handle.

In cases where it is necessary to clarify the accuracy and objectivity of the collected and received information, ministries, ministerial-level agencies, government agencies, and people's committees at all levels shall require organizations and individuals providing information to explain in writing any related issues; and conduct inspections and verifications (if deemed necessary).

Article 7. Reviewing, Evaluating, and Handling the Results of Monitoring the Implementation of Laws

1. On the basis of collected information, inspection results, investigation, survey results on the implementation of laws, and other sources of information, ministries, ministerial-level agencies, government agencies, and People's Committees at all levels shall conduct reviews and evaluations of the implementation of laws and compile them into annual reports on monitoring the implementation of laws to be submitted to competent authorities as prescribed.

2. Ministries, ministerial-level agencies, government agencies, and People's Committees at all levels shall carry out activities to handle the results of monitoring the implementation of laws within their authority or propose to higher competent authorities to handle such results according to the contents stipulated in Clause 1, Article 14 of Decree No. 59/2012/ND-CP and Clause 5, Article 1 of Decree No. 32/2020/ND-CP.

Article 8. Reports on Monitoring the Implementation of Laws

Ministries, ministerial-level agencies, government agencies, and People's Committees at all levels shall report on monitoring the implementation of laws in the following cases:

1. Annual reports on monitoring the implementation of laws.

The content of the report follows the model prescribed in Appendix I attached to this Circular.

2. Reports on the handling of proposals for amending, supplementing, and promulgating new regulatory documents.

The content of the report follows the model prescribed in Appendix II attached to this Circular.

3. Ad hoc reports, thematic reports on the implementation of laws.

The content of the report follows the requirements of state agencies and authorized persons.

Chapter III
COOPERATION AND ENGAGEMENT OF ORGANIZATIONS,

 INDIVIDUALS IN MONITORING ACTIVITIES

OF LAWS

Article 9. Cooperation in Monitoring the Implementation of Laws within the Administrative State System

1. Administrative state agencies shall cooperate in monitoring the implementation of laws through the following activities:

a) Providing written information and relevant documents related to the monitoring of the implementation of laws upon request from the leading agency responsible for monitoring the implementation of laws;

b) Sending representatives to participate in monitoring activities as stipulated in Articles 12, 13, and 14 of Decree No. 59/2012/ND-CP and Clauses 4 and 5, Article 1 of Decree No. 32/2020/ND-CP at the request of the leading agency responsible for monitoring the implementation of laws;

c) Other cooperative activities in accordance with the provisions of the law.

2. Based on practical circumstances, ministries, ministerial-level agencies, government agencies, and People's Committees at all levels shall establish cooperation regulations in the work of monitoring the implementation of laws for their respective sectors and localities.

The content of the cooperation regulations in monitoring the implementation of laws must clearly define principles, contents, and cooperative activities; responsibilities for cooperation; rights and obligations of the leading agency and cooperating agencies in monitoring the implementation of laws.

Article 10. Provisions on Observers for Monitoring the Implementation of Laws

1. Individuals who are experts or scientists mobilized to participate in monitoring activities under the observer mechanism stipulated in Clause 3, Article 6 of Decree No. 59/2012/ND-CP must meet the following criteria:

a) Having full capacity for civil acts; not being a person currently under criminal prosecution, a person disciplined, or a person currently serving a sentence or under administrative supervision.

b) Graduated from a university majoring in law or another relevant field suitable for the area of monitoring the implementation of laws.

c) Having at least three years of experience working in a relevant field suitable for the job required by the monitoring agency.

2. State agencies responsible for monitoring the implementation of laws may mobilize observers to participate in the following activities:

a) Developing survey forms; processing investigation and survey results; compiling, analyzing, and preparing reports on investigation and survey results on the implementation of laws and other investigative and survey activities.

b) Collecting information; reviewing and verifying the accuracy and appropriateness of information; providing comments and evaluations in the processing of information.

c) Preparing reports, evaluating, and processing information. Reports must provide objective and accurate assessments of the implementation of laws and make appropriate recommendations based on collected information.

3. Signing contracts with observers

a) State agencies responsible for monitoring the implementation of laws shall sign individual contracts with individuals meeting the conditions stipulated in Clause 1 of this Article for specific cases.

Remuneration for observers is regulated by current laws. Payment of remuneration to observers is based on the activities and results of work they have performed as prescribed in this Circular.

b) The content of the contract signed between the state agency responsible for monitoring the implementation of laws and the observer must comply with the provisions of the law on contracts.

c) The state agency responsible for monitoring the implementation of laws and the observer have the responsibility to terminate the observer contract after completing the work and to process final settlement procedures in accordance with current laws.

Chapter IV
IMPLEMENTING PROVISIONS

Article 11. Effective Date

1. This Circular takes effect from August 30, 2021.

2. This Circular abolishes Chapter 2 and Chapter 3 of Circular No. 14/2014/TT-BTP dated May 15, 2014, detailing the implementation of Decree No. 59/2012/ND-CP on monitoring the implementation of laws, and Clause 2, Article 2 and Clause 2, Article 5 of Circular No. 16/2018/TT-BTP dated December 14, 2018, regulating reporting systems in managing the implementation of laws on administrative violations and monitoring the implementation of laws.

3. The Minister, Heads of ministerial-level agencies, government agencies, and Chairpersons of People's Committees at all levels shall organize the implementation of monitoring the implementation of laws in accordance with the provisions of this Circular./.