Circular No. 08/2024/TT-BTP detailing the examination and evaluation of the implementation of laws

CIRCULAR

detailing the examination and evaluation of the implementation of laws

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Decree No. 98/2022/NĐ-CP dated November 29, 2022, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

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

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;

At the proposal of the Director of the Department of Administrative Violation Management and Legal Supervision;

The Minister of Justice issues this Circular detailing the examination and evaluation of the implementation of laws.

Article 1. Scope of application

This Circular details the examination and evaluation of the implementation of laws as prescribed in Articles 8, 9, and 10 of Decree No. 59/2012/NĐ-CP dated July 23, 2012, of the Government on monitoring the implementation of laws, which has been amended and supplemented by certain articles pursuant to Decree No. 32/2020/NĐ-CP dated March 5, 2020, of the Government.

Article 2. Content of Examination and Evaluation of the Situation of Issuing Detailed Regulations for Implementing Legal Normative Documents

1. The timeliness and completeness of issuing detailed regulations for implementing legal normative documents (hereinafter referred to as detailed regulations) shall be examined and evaluated based on the following main contents:

a) The effective date of the detailed regulation compared with the legal normative document it implements;

b) The content of the detailed regulation compared with the provisions of the legal normative document it implements.

2. The consistency and coherence of the detailed regulation shall be examined and evaluated based on the following main contents:

a) There is no provision contrary to legal normative documents of higher-level state agencies;

b) There is no provision conflicting or overlapping with other legal normative documents;

c) There is no conflict or overlap between provisions within the detailed regulation.

3. The feasibility of the detailed regulation shall be examined and evaluated based on the following main contents:

a) There is no provision that is not suitable for reality, leading to non-execution;

b) There is no provision that is unclear or vague, leading to non-execution.

Article 3. Content of Examination and Evaluation of Ensuring Conditions for Implementing Laws

1. The examination and evaluation of the timeliness, completeness, appropriateness, and effectiveness of legal dissemination activities shall be carried out according to the regulations on evaluating the effectiveness of legal dissemination and education activities.

2. The timeliness, completeness, appropriateness, and effectiveness of training activities for those responsible for implementing laws shall be examined and evaluated based on the following main contents:

a) Organizing training at the time specified in the plan approved by the competent authority;

b) Training content in accordance with the plan approved by the competent authority;

c) The number of trainees fully meeting the plan approved by the competent authority.

3. The appropriateness of the organizational structure and the adequacy of human resources for implementing laws shall be examined and evaluated based on the following main contents:

a) The organizational structure of the agency or unit is appropriate to the document or project approved by the competent authority;

b) The actual number of staff is sufficient compared to the authorized quota;

c) Staff meet the standards for their positions as prescribed.

4. The adequacy of funding and material conditions for implementing laws shall be examined and evaluated based on the following main contents:

a) Actual funding provided for implementing laws by the agency or unit compared to the implementation plan or task requirements;

b) Actual material conditions provided for implementing laws by the agency or unit compared to the implementation plan or task requirements.

Article 4. Content of Examination and Evaluation of Compliance with Laws

1. The timeliness and completeness of law enforcement by state agencies and persons with authority shall be examined and evaluated based on the following main contents:

a) Fulfilling assigned tasks within the deadlines set forth in legal normative documents, programs, plans, or other documents of state agencies or persons with authority;

b) Fully fulfilling assigned tasks in legal normative documents, programs, plans, or other documents of state agencies or persons with authority.

2. The accuracy and consistency in guiding the application of laws and in applying laws by state agencies and persons with authority shall be examined and evaluated based on the following main contents:

a) Issued documents for guiding the application of laws do not violate jurisdiction, procedures, or deadlines, and do not contain provisions contrary to the law;

b) Issued documents for applying laws do not violate jurisdiction and do not contain provisions contrary to the law; the application of laws does not violate procedures or deadlines.

3. The degree of compliance with laws by agencies, organizations, and individuals shall be examined and evaluated based on the following main contents:

a) The situation of violations of laws by officials and civil servants in performing official duties;

b) The situation of violations of laws by organizations and individuals in areas monitored for the implementation of laws.

Article 5. Summary of Results of Examination and Evaluation of Law Implementation

1. Units under the Ministry, ministerial-level agencies, government agencies, specialized agencies under provincial and district People's Committees, and commune-level public officials shall implement and compile information on the examination and evaluation of the implementation of laws as stipulated in Articles 2, 3, and 4 and the guidance provided in the attached forms in the annual report on monitoring the implementation of laws and submit it to the legal department of the Ministry, ministerial-level agencies, government agencies, Department of Justice, Justice Office, and commune-level justice and household registration public officials.

2. The legal system organization at Ministries, ministerial-level agencies, government-affiliated agencies, Departments of Justice, Justice Offices, and judicial civil servants - registry at the commune level shall take the lead and coordinate with relevant agencies and units to advise and assist the Minister, head of ministerial-level agencies, head of government-affiliated agencies, and chairpersons of all levels of People's Committees in compiling the results of reviewing and assessing the implementation of laws within their jurisdiction, which have been assigned to be included in the annual report on law enforcement activities to be submitted to the competent authority as prescribed.

Article 6. Effective Date

1. This Circular shall take effect from October 1, 2024.

2. Attached to this Circular is an Appendix consisting of the following forms:

a) Form No. 1: Table summarizing detailed regulations issued untimely or inadequately.

b) Form No. 2: Table summarizing provisions that do not ensure consistency and synchronization of detailed regulations.

c) Form No. 3: Table summarizing provisions that do not ensure the feasibility of detailed regulations.

d) Form No. 4: Table summarizing tasks implemented untimely or inadequately.

đ) Form No. 5: Table summarizing guiding regulations issued to apply laws that do not ensure accuracy and consistency.

e) Form No. 6: Table summarizing laws applied that do not ensure accuracy and consistency.

3. This Circular abolishes Chapter I and Chapter IV of Circular No. 14/2014/TT-BTP dated May 15, 2014, issued by the Minister of Justice detailing the implementation of Decree No. 59/2012/NĐ-CP dated July 23, 2012, of the Government on monitoring the implementation of laws.

4. During the process of implementation, if there are difficulties, obstacles, or new issues arising, it is requested that agencies, organizations, and individuals promptly reflect these to the Ministry of Justice (through the Administrative Violation Management and Law Enforcement Monitoring Department) for study and resolution./.