Decision No. 08/2007/QĐ-BTP Issuing Rules on Transparency and Publicity in the Activities of the Justice Sector

Pursuant to …;

Issuing rules on transparency and openness in the fields of operation of

the judicial sector

THE MINISTER OF JUSTICE

Pursuant to the Anti-Corruption Law 2005;

Pursuant to Decree No. 62/2003/NĐ-CP dated June 6, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to Decree No. 120/2006/NĐ-CP dated October 20, 2006 of the Government detailing and guiding the implementation of certain provisions of the Anti-Corruption Law;

Pursuant to Decision No. 04/2006/QĐ-BTP dated June 12, 2006 of the Minister of Justice promulgating the Action Program for Preventing and Combating Corruption of the Judicial Sector;

At the proposal of the Inspector General,

DECISION:

Article 1. Issued together with this Decision are the "Rules on Transparency and Openness in the Fields of Operation of the Judicial Sector".

Article 2. The Standard Measurement Quality Control Department shall be responsible for organizing and guiding the implementation of the Regulations adopted herein.

Article 3. Heads of units under the Ministry, Directors of Provincial Departments of Justice, Chiefs of District Justice Offices, and Heads of Civil Enforcement Agencies at all levels shall be responsible for implementing this Decision./. 

ETHICAL RULES

Transparency and Openness in the Fields of Operation

 of the Judicial Sector

(issued together with Decision No. 08/2007/QĐ-BTP dated

 16/07/2007

of the Minister of Justice)

PART I

GENERAL PROVISIONS

Article 1. Scope of Application

1. These Rules apply to units under the Ministry of Justice (including units directly under such units), Civil Enforcement Agencies at all levels (excluding enforcement agencies within the military) when performing assigned tasks and powers.

2. For Provincial Departments of Justice, District Justice Offices, and Justice Committees of communes, wards, and towns (hereinafter referred to as "Justice Committees"), these Rules apply when carrying out specialized and professional work in areas under the management of the Ministry of Justice.

3. In other cases, if authorized by the Minister of Justice to perform certain tasks, they must apply these Rules during the process of implementation.

Article 2. Principles of Transparency and Openness in the Activities of Agencies, Organizations, and Units Under the Judicial Sector

1. Policies, laws, and their implementation related to the fields of operation of the judicial sector must be transparent and ensure fairness and democracy.

2. Agencies, organizations, and units under the judicial sector must disclose their activities, except for contents listed in the State Secrets Directory of the Ministry of Justice, which are implemented according to the laws on protecting state secrets.

Article 3. Forms of Disclosure

1. The disclosure of activities of the judicial sector is carried out in accordance with the forms prescribed in Article 12 of the Anti-Corruption Law, including:

a) Announcing at meetings of agencies, organizations, and units;

b) Posting at the offices of agencies, organizations, and units;

c) Notifying in writing to related agencies, organizations, units, and individuals;

d) Publishing in publications;

đ) Notifying through mass media;

e) Publishing on electronic information portals;

g) Providing information upon request from agencies, organizations, and individuals;

h) Other forms as prescribed by law.

2. The application of the above forms of disclosure must ensure compatibility with the content, subjects, and purposes of the disclosed information.

3. Where specific forms of disclosure are prescribed by law, such forms must be applied.

4. In addition to mandatory forms of disclosure required by law, heads of agencies, organizations, and units are responsible for selecting and applying one or more forms of disclosure prescribed in Clause 1 of this Article.

Chapter II

CONTENTS OF TRANSPARENCY AND OPENNESS IN THE FIELDS

OF ACTIVITIES OF THE JUDICIAL SECTOR

Article 4. Transparency and Openness in Procurement, Management, and Use of Assets and Construction Projects

1. Procurement, management, and use of public assets must ensure transparency in the following contents:

a) Types and quantities of assets needed to purchase and actually purchased;

b) Methods of procurement and value of assets;

c) Handover and receipt of assets for use by agencies, units, and individuals;

d) Results of annual asset inventory and revaluation;

đ) Liquidation of assets.

2. Contents that must be disclosed in construction projects:

a) Allocation of investment capital in the state budget plan annually for projects;

b) Investment budget of projects according to approved investment plans, level of investment capital allocated to projects in the annual state budget plan;

c) Annual settlement of investment capital of projects;

d) Settlement of investment capital when projects are completed and approved by competent authorities.

3. In cases where procurement and construction projects require bidding as prescribed by law, the contents of disclosure include:

a) Bidding plans, preliminary selection invitations, and results of preliminary selections, bidding invitations;

b) Lists of limited bidding contractors, shortlists of limited bidding contractors, and contractor selection results;

c) Information about individuals and organizations belonging to project sponsors, tenderers, contractors, supervisory agencies, or other entities violating bidding laws; information about banned contractors and information about handling violations of bidding laws;

d) Legal regulations on bidding and bidding data systems;

đ) Summary reports on bidding operations of the judicial sector, the Ministry of Justice, and local judicial agencies (if applicable);

e) Authority, procedures, and results of accepting and resolving complaints and reports in bidding.

Article 5. Transparency and Openness in Financial Matters

1. Budgetary units and organizations supported by the state budget implement transparency and openness in financial matters in accordance with Circular No. 21/2005/TT-BTC dated March 22, 2005 of the Ministry of Finance guiding the implementation of the Financial Disclosure Regulation for budgetary units and organizations supported by the state budget.

2. Units managing and using construction investment capital from the state budget implement transparency and openness in financial matters in accordance with Circular No. 10/2005/TT-BTC dated February 2, 2005 of the Ministry of Finance guiding the implementation of the Financial Disclosure Regulation for the allocation, management, and use of construction investment capital from the state budget.

Article 6. Transparency and openness in the management and use of aid and support

1. All units, organizations, and agencies managing and using aid and support must be made public.

2. Agencies, organizations, and units managing and using aid and support shall disclose the following contents:

a) The purpose of the aid and support;

b) Beneficiaries;

c) Annual budgetary and financial estimates;

d) Implementation results, semi-annual and annual financial reports, final settlement figures.

Article 7. Transparency and openness in the field of science and technology

1. The examination, selection, direct assignment, and funding for the implementation of scientific and technological tasks, as well as the evaluation and acceptance of the results of such tasks, must be conducted openly.

2. Organizations and units engaged in scientific research and technology development must disclose their management and use of state budgets, assets, support, aid, investments, and revenues from scientific and technological activities.

3. Leading organizations of projects are responsible for implementing the provisions on the disclosure of project implementation as stipulated in Clause 10, Section II of Circular Joint No. 93/2006/TTLT/BTC-BKHCN dated October 4, 2006, issued by the Ministry of Finance and the Ministry of Science and Technology regarding the system of project and program funding.

Article 8. Transparency and openness in the specific operations of judicial sector agencies, organizations, and units

1. Heads of the following units under the Ministry have the responsibility to systematize and update current laws and regulations concerning procedures, forms, fees, and charges (if any) during the process of handling specific tasks within their jurisdiction, disseminate uniformly throughout the sector, and publicly announce on the Ministry of Justice's electronic portal:

a) Administrative Justice Department;

b) Judicial Assistance Department;

c) The Civil Enforcement Bureau;

d) National Registry of Security Interests Office;

đ) Legal Aid Office;

e) International Adoption Office;

f) Inspectorate;

g) Hanoi Law University;

h) Institute of Justice.

Heads of judicial sector agencies, organizations, and units directly handling specific tasks must publicly post at their offices the aforementioned legal regulations.

2. Heads of units under the Ministry not listed in Clause 1 of this Article must ensure transparency in administrative procedures, timely and legally resolve legitimate requests from agencies, organizations, units, and individuals.

Article 9. Transparency and openness in inspection, complaint, and denunciation activities

1. Inspection, verification, complaint resolution, and denunciation activities must be conducted openly in accordance with the law.

2. The following contents, documents, and decisions must be disclosed, except where otherwise provided by law:

a) Inspection conclusions;

b) Decisions on complaint resolution, decisions on denunciation resolution.

Article 10. Transparency and openness in personnel and cadre work

1. Annual staffing plans and allocation of staffing quotas to agencies and units must be documented and sent to relevant agencies, organizations, and units immediately after approval by competent authorities.

2. Recruitment of cadres, civil servants, public officials, and other employees must ensure transparency through public media regarding the following contents:

a) Number of positions;

b) Qualification and eligibility criteria;

c) Recruitment methods;

d) Application forms, application fees, time, location, recruitment results.

Specifically, the Cadre and Civil Servant Organization Department of the Ministry of Justice shall publicly discuss with units under the Ministry regarding the allocation of successful candidates to the Ministry.

3. Publicize the process of cadre planning; notify in writing and send to each agency, organization, and unit in the judicial sector the results of cadre planning.

4. Publicize the process of considering appointments, reappointments, dismissals, removals, and termination of duties for leadership cadres.

5. Publicize the rotation, transfer, and placement of cadres.

6. Publicize the selection and dispatch for training, further education, and study both domestically and internationally for cadres and civil servants.

7. Publicize the content and results of annual evaluations of cadres.

8. Publicize regular salary increases, early salary increases, and the implementation of policies for cadres and civil servants.

9. Publicize the process of considering and the results of disciplinary actions against cadres and civil servants.

10. Publicize the decision to terminate employment or retirement for cadres, civil servants, public officials, and other employees in the workplace.

Article 11. Disclosure of other contents serving the needs of state management in the judicial sector

The following contents must be disclosed on the Ministry of Justice's electronic portal and announced at staff meetings of agencies and units:

1. Legal documents signed and promulgated by the Minister of Justice;

2. Internal rules and regulations of agencies, units, and organizations;

3. Work plans and programs of agencies, organizations, and units;

4. Mid-year and annual reports; anti-corruption reports; other specialized and professional reports of agencies, organizations, and units under the judicial sector;

5. Results of commendation and awards.

Article 12. Responsibilities of heads of judicial sector agencies, organizations, and units in providing information upon request

Within ten days from receiving a request for information from agencies, organizations, or individuals as stipulated in Articles 31 and 32 of the Anti-Corruption Law, heads of judicial sector agencies, organizations, and units are responsible for researching and providing the requested information.

If the information has already been disclosed through mass media, publications, or publicly posted notices, a letter should be sent to the requesting agency, organization, or individual informing them of the availability of the information and guiding them on how to access it.

If information cannot be provided or is not yet available, a written response should be given to the requesting agency, organization, or individual explaining the reasons or setting a date for provision.

Chapter III

IMPLEMENTATION

Article 13. Responsibilities of heads of judicial sector agencies, organizations, and units in implementing transparency and openness

1. Organizations shall implement provisions on transparency and openness in their respective fields of operation under the jurisdiction of their management as prescribed by the Anti-Corruption Law, this Code, and other relevant legal documents.

2. Every six months and annually, the Heads of Justice Departments at the district level and the Heads of Civil Enforcement Offices at the district level shall prepare written reports on the results of implementing transparency and openness in their respective fields of operation within the scope of their agency's, organization's, or unit's management authority, to be submitted to the Department of Justice Heads and Civil Enforcement Office Heads at the provincial level for consolidation and preparation of reports to be sent to the Inspectorate of the Ministry before June 15 and December 15 each year.

The Heads of units under the Ministry shall submit their unit’s report to the Inspectorate of the Ministry within the time limit specified above.

The Inspectorate of the Ministry shall be responsible for consolidating and reporting to the Minister.

Article 14. Rewards and Sanctions for Violations

1. The results of implementing transparency and openness in the fields of operation under the jurisdiction of the management of agencies, organizations, and units shall serve as one of the bases for annual commendation and competition assessments of those agencies, organizations, and units.

2. Organizations and individuals who achieve notable success in implementing transparency and openness in the fields of operation of the Justice sector shall be promptly recognized and rewarded in accordance with the law.

3. Any organization or individual violating the provisions of this Code shall be subject to legal sanctions according to the degree of violation./.