Circular No. 07/2017/TT-BTP stipulates the score points, guidelines for calculating points of legal access indicators, Legal Access Evaluation Board, and some contents on building communes, wards, towns reaching legal access standards.

CIRCULAR

Regulations on scores, guidelines for calculating scores of access to law indicators

legal Legal Access Assessment Council and some contents

on building communes, wards, towns meeting the standard of access to law

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Based on the Law on Legislative Issuance legal documents  June 22, 2015;  June 22 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;

To implement Decision No. 619/QĐ-TTg dated May 8, 2017 of the Prime Minister promulgating regulations on building communes, wards, towns meeting the standard of access to law;

the Director the proposal of the Director of the Popularization and Legal Education Department;

The Minister of Justice issues this Circular stipulating on scores, guidelines for calculating scores of access to law indicators; Legal Access Assessment Council and some contents on building communes, wards, towns meeting the standard of access to law.

Article 1. Scope of Regulation and Applicability

Article 1. This Circular stipulates on scores, guidelines for calculating scores of access to law indicators; forms for assessment and recognition of communes, wards, towns (hereinafter referred to as commune level) meeting the standard of access to law; composition and activities of the Legal Access Assessment Council and some contents on building communes, wards, towns meeting the standard of access to law.

Article 2. This Circular applies to local authorities at all levels and agencies, organizations, individuals related to the assessment, recognition, and construction of commune level meeting the standard of access to law.

Article 2. Scores, methods for calculating scores of access to law indicators legal

Clause 1. The total score of access to law indicators is 100 points. The score of each indicator is implemented according to Appendix I attached to this Circular.

Clause 2. Methods for calculating scores of access to law indicators:

a) For indicators determined based on percentage (%), the score calculation is as follows:

Score of the indicator = (Percentage achieved x Maximum score of the indicator)/100

(Detailed guidance on score calculation is specified in Appendix I)

b) For indicators not determined based on percentage (%), the score calculation is according to the score in Appendix I attached to this Circular;

c) The score of each indicator is taken to two decimal places. After summing up the scores of all indicators specified in point a and point b of this clause, if the total score has a decimal value less than 0.5 points, it will be rounded down, if the decimal value is 0.5 points or more, it will be rounded up.

(Detailed guidance on rounding decimal numbers is specified in Appendix I)

Article 3. Forms for implementing assessment and recognition of commune level meeting the standard of access to law

Forms for implementing assessment and recognition of commune level meeting the standard of access to law are carried out according to Appendix II attached to this Circular, including:

1. Summary table of scores of indicators, self-assessment criteria (Form 01-TCPL-II);

2. Satisfaction survey form regarding quality and service attitude when performing administrative procedures (Form 02-TCPL-II);

3. Summary table of satisfaction results regarding quality and service attitude when performing administrative procedures (Form 03-TCPL-II);

4. Report on assessment results of achieving the standard of access to law by the People's Committee at the commune level (Form 04-TCPL-II);

5. Official letter requesting recognition of commune level meeting the standard of access to law (Form 05-TCPL-II);

6. Minutes of Legal Access Assessment Council meetings (Form 06-TCPL-II);

7. List of commune level meeting the standard of access to law (Form 07-TCPL-II);

8. List of commune level not meeting the standard of access to law (Form 08-TCPL-II);

9. Decision recognizing commune level meeting the standard of access to law (Form 09-TCPL-II).

Article 4. Legal Access Evaluation Council

1. The Legal Access Evaluation Council (hereinafter referred to as the Council) shall consist of the following members:

a) Chairperson of the Council: Chairman or Vice-Chairman of the People's Committee at district, town, city under province, or city directly under the central government level (hereinafter referred to as the People's Committee at district level);

b) Deputy Chairperson of the Council: Director of the Justice Department;

c) Member of the Council: Representative of the heads of specialized agencies under the People's Committee at district level related to legal access indicators and criteria, the Police at district level, the People's Council for Mass Mobilization, the Propaganda Department, the Vietnam Fatherland Front, and some political-social organizations at district level, and the Office for New Rural Development Coordination (if any);

d) Secretary of the Council: One civil servant from the Justice Department.

2. The number of Council members shall be decided by the Chairman of the People's Committee at district level, but shall not exceed fifteen people. Council members work on a part-time basis.

3. The Council has the function of advising and assisting the Chairman of the People's Committee at district level in performing the following tasks:

a) Reviewing and proposing recognition of communes achieving legal access standards;

b) Exchanging ideas and suggesting initiatives and solutions to implement legal access indicators and criteria; building communes achieving legal access standards and implementing those initiatives and solutions within the local area;

c) Performing other tasks assigned by the Chairman of the People's Committee at district level.

4. Members of the Council have the following responsibilities:

a) Advising and participating in opinions on the results of evaluation and proposals for recognizing communes achieving legal access standards related to their functions, duties, powers, or areas of management. The opinion of a Council member is the opinion of the agency or organization where they work;

b) Suggesting initiatives and solutions to implement legal access indicators and criteria within their area of management and functions, duties, and powers assigned, and advising and organizing the implementation of those initiatives and solutions;

c) Attending all meetings of the Council. In case they cannot attend a meeting due to valid reasons, they must submit their opinions in writing regarding the contents specified in points a and b of this clause to the Justice Department for consolidation and reporting to the Chairperson of the Council;

d) The Chairperson of the Council directs and coordinates the overall activities and convenes and chairs Council meetings. The Deputy Chairperson of the Council has the responsibility to chair meetings and perform tasks delegated by the Chairperson of the Council when absent.

5. The Council operates as a collective body, deciding by majority vote through voting or ballot. A meeting of the Council can be held with at least two-thirds of the total number of members present. At the meeting, Council members advise and discuss according to their assigned functions and duties; approve the contents requiring Council opinions. The meeting results are recorded in minutes signed by the meeting chairperson and the Council secretary. Opinions of Council members must be fully, objectively, and truthfully summarized in the meeting minutes.

6. Work relations between the Council, Council members, and the Justice Department at the district level:

a) Ensuring smooth coordination and information exchange between Council members and the Justice Department during the performance of tasks;

b) The Justice Department serves as the permanent office of the Council responsible for preparing meeting materials according to regulations and sending them to Council members at least three working days before the Council meeting; advising and assisting the Chairman of the People's Committee at district level to request the Chairman of the People's Committee at commune level to provide and supplement information and materials for the Council on matters requiring explanation and clarification;

c) Based on the Council's conclusions, the Justice Department completes the dossier for recognizing communes achieving legal access standards; consolidates the suggestions of Council members to report to the Chairman of the People's Committee at district level for consideration and decision; advises the Chairman of the People's Committee at district level to report and propose solutions to competent authorities for building communes achieving legal access standards in the locality.

Article 5. Satisfaction Assessment of Organizations and Individuals when Implementing Administrative Procedures at Commune Level

1. The subjects participating in the satisfaction assessment include organizations and individuals who have requested to implement administrative procedures within the responsibility of the People's Committee at the commune level and have received the results of such administrative procedures in the year of assessment or the preceding year.

2. The number of subjects participating in the annual satisfaction assessment for each commune-level unit shall be guided by the People's Committee of the province or centrally governed city (hereinafter referred to collectively as the People's Committee of the province), but must reach at least 15% of the total number of administrative procedures handled and results delivered at the commune level in the preceding year.

3. For communes that meet the standard of legal access in the year of assessment and conduct measurement of satisfaction on the administrative procedure reform index (PAR INDEX), they may incorporate the assessment or utilize the results of this index to calculate the score of criterion 5 regarding "ensuring the satisfaction of organizations and individuals with the quality and service attitude when implementing administrative procedures" under Criterion 2.

4. The satisfaction assessment using Feedback Forms shall be conducted as follows:

a) The organization of satisfaction assessment using Feedback Forms shall be carried out multiple times at the end of the month, quarter, or every six months based on the actual conditions of the locality, but the subjects and the number of subjects participating in the assessment must comply with the provisions of Clause 1 and Clause 2 of this Article;

b) In cases where Feedback Forms are sent or distributed at the Counter for Receiving and Delivering Results of the People's Committee at the commune level, civil servants at the Counter for Receiving and Delivering Results shall be responsible for guiding organizations and individuals to fully answer the contents and requirements of the Feedback Form when receiving files or delivering the results of administrative procedures. When delivering the results of administrative procedures, civil servants at the Counter for Receiving and Delivering Results shall request organizations and individuals to submit the Feedback Form into the box placed at the Counter for Receiving and Delivering Results of the People's Committee at the commune level;

c) In cases where Feedback Forms are sent or distributed through survey methods, survey staff shall be responsible for guiding organizations and individuals to fully answer the contents and requirements of the Feedback Form; collecting, summarizing Feedback Forms, and handing them over completely to civil servants at the Counter for Receiving and Delivering Results of the People's Committee at the commune level for processing and summarizing results according to regulations.

5. Annually, based on the regulations on the forms of satisfaction assessment of organizations and individuals when implementing administrative procedures at the commune level and the actual conditions and requirements of the task of building communes meeting the legal access standards at the locality, the People's Committee of the province shall provide specific guidance on the form and timing of organizing the satisfaction assessment when implementing administrative procedures at the commune level.

6. The Chairman of the People's Committee at the commune level shall direct and assign civil servants at the Counter for Receiving and Delivering Results of the People's Committee at the commune level to take the lead, coordinate with civil servants from the Justice and Household Registration Department to organize the satisfaction assessment of organizations and individuals when implementing administrative procedures as follows:

a) Propose the subjects and the number of subjects participating in the satisfaction assessment when implementing administrative procedures in the commune area according to the annual directives of the competent authority as stipulated in Clause 1 and Clause 2 of this Article;

b) Guide organizations and individuals to implement the satisfaction assessment when implementing administrative procedures in the commune area; summarize and process the results of the satisfaction assessment; build a summary table of results according to the model prescribed in Article 3 of this Circular;

c) Store files and documents serving the satisfaction assessment of organizations and individuals when implementing administrative procedures in the commune area according to regulations.

7. The People's Committee at the commune level shall cooperate and create conditions for the Vietnam Fatherland Front Committee at the same level to carry out supervision of the results of the satisfaction assessment of organizations and individuals when implementing administrative procedures at the commune level.

Article 6. Using the results of the commune reaching the legal access standard FOR assessing the commune reaching the new rural standard

1. In cases where the assessment of the commune reaching the new rural standard is organized simultaneously with the assessment of the commune reaching the legal access standard, the results of the assessment of the commune reaching the legal access standard in the assessment year shall be used to examine and assess the achievement of the new rural standard.

2. In cases where the assessment of the commune reaching the new rural standard is organized before the time of the assessment of the commune reaching the legal access standard, the People's Committee of the province shall decide to use the results of the legal access standard assessment of the preceding year or the results of the assessment year, but must comply with the provisions of Decision No. 619/QD-TTg dated May 8, 2017 of the Prime Minister promulgating Regulations on Building Communes, Towns, and Urban Areas Meeting the Legal Access Standard.

Article 7. Responsibilities of agencies and organizations

1. The Popularization and Legal Education Department shall take the lead and assist the Minister of Justice in directing, guiding, supervising, urging, and inspecting the implementation of this Circular.

2. The People's Committee of the province shall direct and guide specialized agencies, the People's Committee of the district, and the People's Committee of the commune to implement this Circular within their management scope; summarize and report the results of the task of building communes meeting the legal access standard at the locality to the Ministry of Justice for consolidation and reporting to the Prime Minister.

3. Departments of Justice, Justice Offices, and civil servants from the Justice and Household Registration Department shall assist the People's Committee and the Chairman of the People's Committee at the same level in implementing the task of building communes, towns, and urban areas meeting the legal access standard at the locality.

When there are reflections or suggestions related to the assessment and recognition of communes meeting the legal access standard in the locality, the Departments of Justice and Justice Offices shall be responsible for checking, directing, and coordinating with relevant agencies and units to examine and resolve issues according to this Circular.

4. Agencies and organizations involved in the assessment, recognition, and construction of communes meeting the legal access standard shall perform the tasks assigned in this Circular and follow the guidance of the competent authority.

Article 8Implementation Provisions

1. This Circular takes effect from September 15, 2017.

2. The Chairman of the People's Committee, the Director of the Department of Justice of the province and centrally governed city, the Heads of units under the Ministry of Justice, and relevant agencies and organizations shall be responsible for implementing this Circular.

3. During the implementation process, if there are any difficulties, they are requested to promptly report to the Ministry of Justice for research and supplementary guidance./.