Directive No. 08/CT-TTg on measures to enhance the quality and effectiveness of the Vietnam Bar Association's activities in the new period.

DIRECTIVE

VRegarding the implementation of measures to improve quality and effectiveness of activities of the Vietnam Bar Association in the new period

On April 9, 2001, the Government issued Directive No. 06/2001/CT-TTg on implementing measures to promote and enhance the effectiveness of activities of the Vietnam Bar Association. In recent years, the implementation of this Directive has been carried out seriously by ministries, sectors, provincial people's committees, and levels of the Vietnam Bar Association, creating favorable conditions for organizational consolidation, enhancing activity effectiveness, affirming the position and role of the Vietnam Bar Association as a political-social-professional organization, contributing to uniting and mobilizing a broad contingent of voluntary lawyers to participate in the organization and work for the purpose of protecting justice, fairness, and social progress; protecting citizens' rights and legitimate interests, civil liberties and democratic rights; protecting national independence, sovereignty, territorial integrity, and the consistent policies and guidelines of the Party and State on international legal forums; contributing to building a socialist rule-of-law state. However, in reality, support and creation of conditions for establishing and consolidating the organizational structure of the Vietnam Bar Association at some ministries, sectors, and localities are still limited and not in line with the nature of the Association as a special political-social-professional organization. Coordination in managing the activities of lawyers, especially those practicing as attorneys, legal consultants, prosecutors, judges, investigators..., as well as vocational training and professional ethics cultivation for members have not been adequately focused under judicial reform conditions. Inspection, supervision, mid-term review, and final evaluation of the implementation of the Directive have not been conducted regularly and consistently, thus failing to promptly address difficulties and obstacles to further enhance the position, role, and effectiveness of activities of all levels of the Vietnam Bar Association.

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The reasons for these limitations are that some ministries, sectors, units, and localities have not fully and deeply recognized the position and role of the Vietnam Bar Association; human resources, material infrastructure, and financial resources supporting the activities of the Vietnam Bar Association are still limited.

To implement Directive No. 56-CT/TW dated August 18, 2000 of the Politburo on strengthening the leadership of the Party over the work of the Vietnam Bar Association and Conclusion No. 19-KL/TW dated May 23, 2012 of the Secretariat on summarizing Directive No. 56-CT/TW of the Politburo, to continue to leverage the role and capacity of the legal community in the cause of renewal, accelerating industrialization and modernization towards the goal of a prosperous people, a strong country, a fair, democratic, civilized society, the Prime Minister issues the following directive:

1. Ministries, ministerial-level agencies, agencies under the Government, provincial people's committees, and enterprises belonging to various economic sectors shall pay attention and create favorable conditions to consolidate and develop the organization of the Vietnam Bar Association, specifically:

a) Creating favorable conditions for levels of the Vietnam Bar Association that have been established to consolidate their organizational structure, develop membership; supporting the establishment of the Bar Association in places where the conditions for establishing the organization exist but the organization has not yet been established according to the objectives and purposes of the Association;

b) Selecting and arranging lawyers with good qualities, capabilities, experience, enthusiasm, and meeting the criteria to be full-time and part-time staff of the Association. Paying attention to training and enhancing political acumen, professional skills, vocational expertise, and professional ethics for cadres and members;

c) Ensuring funding to carry out assigned tasks and providing material infrastructure and equipment to enable the Vietnam Bar Association to further leverage its role and position as a special political-social-professional organization.

Ministries, ministerial-level agencies, agencies under the Government, provincial people's committees, and enterprises belonging to various economic sectors shall create conditions for the Vietnam Bar Association to better leverage its role and capacity in the following activities:

2. a) Building laws and regulations, researching legal science; participating in judicial reforms, administrative reforms, crime prevention and suppression;

b) Participating in social supervision and criticism activities, monitoring the enforcement of laws, grassroots mediation, legal consultation, and resolution of complaints and disputes outside the state mechanism;

c) Enhancing the quality of legal consultation and legal aid activities in accordance with the nature and mission of the Association; developing and implementing programs and projects for popularizing and educating the law and legal aid in line with the policy of socializing the work of popularizing and educating the law of the Party and State;

d) Participating in training, selection, and other judicial activities for certain judicial positions, people's assessors, and other judicial activities as prescribed by law;

đ) Expanding and enhancing the effectiveness of cooperation between the Vietnam Bar Association and progressive legal organizations and individuals in the region and worldwide, contributing to implementing the people's foreign policy; mobilizing overseas Vietnamese lawyers to unite and contribute to building the country.

3. Specific responsibilities of ministries, ministerial-level agencies, agencies under the Government, and provincial people's committees:

a) The Ministry of Justice shall propose and implement measures to leverage the role of the Vietnam Bar Association in activities related to law-building, popularizing and educating the law, legal consultation, legal aid, grassroots mediation, resolving legal disputes outside the state mechanism, monitoring the enforcement of laws; creating conditions for the Vietnam Bar Association to actively participate in building and implementing programs and projects for socializing the work of popularizing and educating the law, legal aid, and other assigned activities.

a) The Ministry of Justice proposes and implements measures to enhance the role of the Vietnam Bar Association in legislative activities, legal dissemination and education, legal consultation, legal aid, grassroots mediation, resolving legal disputes outside state mechanisms, and monitoring the enforcement of laws; creates conditions for the Vietnam Bar Association to actively participate in the development and implementation of programs and projects on socializing legal dissemination and education, legal aid, and other assigned activities;

b) The Ministry of Home Affairs shall take the lead and coordinate with relevant agencies to guide the Vietnam Bar Federation in arranging personnel quotas and dedicated staff for association work; study and guide the establishment, organizational improvement, and unified implementation of the General Charter of the Vietnam Bar Federation in accordance with its nature as a political-social-professional organization and special association as prescribed by law;

c) The Ministry of Finance shall take the lead and coordinate with the Ministry of Planning and Investment and People's Committees of provinces and centrally-run cities to ensure and support financial resources, material infrastructure, office premises, operational equipment, and other favorable conditions for all levels of the Vietnam Bar Federation according to the State Budget Law and current state regulations, commensurate with the Federation's position and role in the new phase;

d) The Ministry of Science and Technology shall provide guidance and create conditions for the Vietnam Bar Federation to participate in legal scientific research and implement scientific and technological projects consistent with the Federation's functions and responsibilities;

đ) The Ministry of Education and Training shall take the lead and coordinate with the Ministry of Justice to provide guidance and create conditions for the Vietnam Bar Federation to participate in legal cadre training and capacity building activities as prescribed by law;

e) The Government Inspectorate shall propose and implement measures to enhance the capabilities of all levels of the Vietnam Bar Federation in participating in advisory activities related to complaint resolution as prescribed by law;

g) The Ministry of Foreign Affairs shall take the lead and coordinate with relevant agencies and organizations to implement measures to enhance the role of the Vietnam Bar Federation in implementing people's foreign policy; strengthen the role of the Vietnam Bar Federation in the Association of Southeast Asian Nations Bar Association (ASEANLA), the International Association of Democratic Lawyers (IADL), and other progressive lawyers' associations worldwide; enhance research, exchange, and academic interaction activities in the field of law, contributing to national sovereignty and security protection, and enhancing Vietnam's standing in the process of international integration;

4. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, and Chairpersons of provincial and centrally-run city People's Committees shall cooperate with the Vietnam Bar Federation to be responsible for developing plans and organizing the implementation of this Directive; annually report on the implementation results of the Directive to the Ministry of Justice for consolidation and reporting to the Prime Minister./.