Directive No. 10/2002/CT-TTg on the implementation of Resolution No. 08/NQ-TW dated January 2, 2002 of the Politburo on some key tasks for judicial work in the near future.

 DIRECTIVE

Regarding the implementation of Resolution No. 08/NQ-TW dated January 2, 2002 of the Politburo on key tasks for judicial work in the near future

01 năm 2002 của Bộ Chính trị về một số nhiệm vụ trọng tâm

công tác tư pháp trong thời gian tới

On January 2, 2002, the Politburo issued Resolution No. 08/NQ-TW on "Key Tasks for Judicial Work in the Near Future." This is an important resolution that sets forth major policies with breakthrough characteristics aimed at creating significant changes in judicial reform; building clean, strong judicial agencies that operate effectively to contribute to better performance in safeguarding national security, maintaining social order and safety, protecting citizens' rights and legitimate interests, and building a socialist rule-of-law state of the people, by the people, and for the people in the process of tapping internal resources and actively integrating regionally and internationally.

The content of Resolution No. 08/NQ-TW of the Politburo directly relates to the organizational structure, functions, tasks, and authorities of ministries, sectors, and local People's Committees at all levels. Therefore, ministries, sectors, and local People's Committees at all levels need to proactively study and grasp the Resolution, clearly identify their respective responsibilities, and actively implement it.

In order to ensure coordination among ministries, sectors, and local People's Committees at all levels in implementing Resolution No. 08/NQ-TW of the Politburo, the Prime Minister instructs:

1. Ministry of Public Security

a) To coordinate with the Supreme People's Procuracy and the Ministry of National Defense to research and propose solutions to limit the application of pre-trial detention measures for suspects in certain types of crimes, to be submitted to the Government in the third quarter of 2002.

b) To strengthen inspection and supervision of compliance with laws regarding arrest, temporary detention, pre-trial detention, and enforcement of criminal penalties within the public security forces; to review cases of wrongful convictions, escapes from detention facilities, clarify causes and responsibilities, and resolve them thoroughly to prevent recurrence.

c) To review and assess the current status of material infrastructure, technical equipment, and support tools for protective and detention management forces; living conditions for those under temporary detention, pre-trial detention, and prisoners in temporary detention centers, pre-trial detention camps, and prisons. To take the lead and coordinate with the Ministry of Planning and Investment, the Ministry of Finance, and other relevant agencies in developing a proposal for equipping, renovating, and upgrading temporary detention centers, pre-trial detention camps, and prisons, to be submitted to the Government in the third quarter of 2002.

d) To take the lead and coordinate with the Ministry of Labor, Invalids and Social Affairs, the Ministry of Education and Training, the Ministry of Health, and other relevant agencies in surveying and evaluating the effectiveness of prisoner rehabilitation activities; to develop a proposal for reforming detention and rehabilitation activities to facilitate prisoners' reintegration into society after completing their sentences.

đ) To take the lead and coordinate with the Supreme People's Procuracy, the Supreme People's Court, the Ministry of National Defense, and the Ministry of Justice in developing a proposal for applying simplified investigation procedures for simple cases, crimes committed in flagrante delicto, clear evidence, and minor consequences, to be proposed for amendments and supplements to the Criminal Procedure Code.

e) To take the lead and coordinate with the Supreme People's Court, the Supreme People's Procuracy, the Ministry of Justice, and the Ministry of National Defense in developing a proposal for changing the organization of the execution of capital punishment, to be submitted to the Government in the fourth quarter of 2002.

g) To review the cadre working in judicial affairs within the public security forces, particularly focusing on investigators and heads of investigative agencies; to assign cadres with good moral character, organizational and command skills, mastery of laws, and expertise in investigative work to leadership positions in investigative agencies at various levels; to evaluate their professional qualifications and moral character to determine appropriate education, training, and development methods, aiming to enhance political, moral, and professional standards. For those who do not meet the prescribed standards, have deficiencies in capability, or exhibit misconduct, they should be relieved of their duties, reassigned, or dealt with promptly and strictly.

To take the lead and coordinate with the Supreme People's Procuracy, the Ministry of National Defense, the Ministry of Justice, and other relevant agencies in quickly completing the draft Ordinance on Criminal Investigation Procedures (Amended) to be submitted to the Government for presentation to the Standing Committee of the National Assembly in the third quarter of 2002.

Simultaneously with the completion of the draft Ordinance on Criminal Investigation Procedures (Amended), to take the lead and coordinate with other relevant agencies in developing a specific proposal for merging, restructuring, and consolidating investigative agencies at the ministry level and provincial-level investigative agencies (security investigation agencies and police investigation agencies under provincial-level public security departments) in accordance with the guidance of the Politburo, to be submitted to the Government in the fourth quarter of 2002.

h) To take the lead and coordinate with the Supreme People's Court, the Supreme People's Procuracy, the Government Organizational and Cadre Department, the Ministry of Justice, and the Ministry of Finance in developing a proposal for establishing a judicial police force, to be submitted to the Government in the fourth quarter of 2002.

i) To take the lead and coordinate with the Ministry of Justice, the Ministry of Culture, Sports and Tourism, the Vietnam Fatherland Front, and other relevant agencies in directing local People's Committees at all levels to develop and implement plans to intensify propaganda and mobilize the masses to participate in patriotic defense movements, anti-crime struggles, and crime prevention activities at the grassroots level; to propose timely reward forms while ensuring protection measures for individuals who discover and report crimes, assisting public security agencies in apprehending criminals.

k) To coordinate with the Supreme People's Procuracy and the Ministry of National Defense in directing educational institutions to propose new organizational structures and curricula for judicial cadres in the public security forces and investigators in the Ministry of National Defense and the Supreme People's Procuracy; to study reforms in the curriculum and textbooks to ensure consistency in content across public security schools, meeting new requirements, and aligning with the national education program.

l) Develop a close cooperation plan with countries in the region, particularly with neighboring countries China, Laos, and Cambodia in combating crime, especially drug-related crimes, smuggling, counterfeit currency production and circulation, trafficking in women and children, to be submitted to the Government in the third quarter of 2002.

2. The Ministry of Justice.

a) Take the lead and coordinate with the Government Office, the Government’s Organizational and Cadre Affairs Board to urgently complete the draft amendment and supplementation of Decree No. 38/CP dated June 4, 1993 on the functions, tasks, powers, and organizational structure of the Ministry of Justice, to be submitted to the Government in the fourth quarter of 2002.

Coordinate with the Government’s Organizational and Cadre Affairs Board to promptly amend and supplement Circular Joint No. 12/TTLT dated July 26, 1993 to perfect the model, organizational system, and strengthen judicial organs from central to grassroots levels.

Take the lead and coordinate with the Government Office, the Government’s Organizational and Cadre Affairs Board, and other relevant agencies to draft a decree amending and supplementing Decree No. 94/CP dated September 6, 1997 on the organization of legal departments within ministries and sectors and the establishment of legal departments at local departments and enterprises, to be submitted to the Government in the second quarter of 2002 to improve the organizational structure and enhance the role of legal departments at central, local levels, and enterprises.

b) Take the lead and coordinate with the Government’s Organizational and Cadre Affairs Board, the Supreme People's Court, the Supreme People's Procuracy, the Ministry of Public Security, the Ministry of Finance, and other relevant agencies to implement the review of the judicial cadre workforce, based on which develop a project to strengthen the capacity of the judicial cadre workforce to address the issue of "insufficient quantity and low quality and professional competence of judicial cadres," to be submitted to the Government in the fourth quarter of 2002.

c) Take the lead and coordinate with the Government’s Organizational and Cadre Affairs Board, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, the Supreme People's Procuracy, the Supreme People's Court, and other relevant agencies to urgently develop a project to reform the salary system, allowances, and incentive policies suitable for the professional characteristics of judicial cadres, to be submitted to the Government in the third quarter of 2002.

d) Take the lead and coordinate with the Government’s Organizational and Cadre Affairs Board, the Supreme People's Court, the Supreme People's Procuracy, the Ministry of Public Security, the Ministry of Finance, and the People's Committees at all levels to develop a project on the rotation of judicial cadres among judicial agencies; between central and local judicial agencies, to be submitted to the Government in the third quarter of 2002.

đ) Take the lead and coordinate with the Government’s Organizational and Cadre Affairs Board, the Supreme People's Court, the Supreme People's Procuracy, the Ministry of Public Security, and other relevant agencies to develop standards for judicial positions focusing on political, moral, and professional qualifications, to be submitted to the Government in the fourth quarter of 2002.

e) Implement comprehensive measures to strictly enforce Directive No. 20/2001/CT-TTg dated September 11, 2001 of the Prime Minister on strengthening and improving the effectiveness of civil enforcement work. Emphasize the role of the Civil Enforcement Steering Committee at all levels. Ensure adequate staffing, improve the capabilities, responsibilities, and working conditions of civil enforcement agencies. Promptly amend legal documents on civil enforcement. Strengthen guidance, inspection, and timely resolution of issues related to civil enforcement work.

Complaints and denunciations regarding civil enforcement must be resolved promptly and conclusively at the place where they arise. Increase supervision and inspection of complaint and denunciation resolution in the field of civil enforcement.

Take the lead and coordinate with the Government’s Organizational and Cadre Affairs Board and other relevant agencies to develop a project to implement socialization of certain activities in civil enforcement, economic, and commercial enforcement, to be submitted to the Government in the fourth quarter of 2002.

Take the lead and coordinate with the Ministry of Public Security, the Supreme People's Court, the Supreme People's Procuracy, the Government’s Organizational and Cadre Affairs Board, and other relevant agencies to accelerate the progress of drafting the Civil Enforcement Law to promptly institutionalize the Party's guidelines on enforcement work.

g/ Take the lead and coordinate with the Government’s Organizational and Cadre Affairs Board, the Ministry of Health, and other relevant agencies to develop a project on the organization of the national forensic medical examination agency; build a team of forensic examiners, operational mechanisms, and management of the national forensic medical examination agency, to be submitted to the Government in the fourth quarter of 2003.

Take the lead and coordinate with the Ministry of Public Security, the Ministry of National Defense, the Government’s Organizational and Cadre Affairs Board, the Ministry of Health, and other relevant agencies to finalize the draft Ordinance on Forensic Examination for the Government to submit to the Standing Committee of the National Assembly in the first quarter of 2003.

Implement comprehensive measures to implement the Lawyer Ordinance No. 37/2001/PL-UBTVQH10 dated July 25, 2001. Urgently complete the development and implementation of legal regulatory documents on auction sales, registration of secured transactions, arbitration, criminal records, and legal aid.

Organize and direct the informatization of notarization; take the lead and coordinate with the Government’s Organizational and Cadre Affairs Board, the Ministry of Finance, the People's Committees of provinces and centrally-administered cities to develop a project to gradually socialize notarization activities, to be submitted to the Government in the second quarter of 2003.

Study the unification of the entity responsible for judicial statistics work; develop a project to establish a National Judicial Statistics Center, to be submitted to the Government in the second quarter of 2003.

h/ Strengthen the dissemination, popularization, and education of laws; focus the dissemination, popularization, and education of laws directly to the people.

Organize and direct the summary of five years of implementing Directive No. 02/1998/CT-TTg dated January 7, 1998 and Decision No. 03/1998/QD-TTg dated January 7, 1998 of the Prime Minister; develop the National Program on the Dissemination and Education of Laws for the period 2002-2010, to be submitted to the Government in the second quarter of 2002.

i/ Improve the organization and enhance the quality of vocational training for judicial cadres. Take the lead and coordinate with the Ministry of Education and Training, the Government’s Organizational and Cadre Affairs Board, the Ministry of Planning and Investment, and the Ministry of Finance to determine the targets for regular training for judicial positions.

Cooperate with the Supreme People's Court, the Supreme People's Procuracy, and other relevant agencies to develop a Project on establishing the Judicial Academy aimed at unifying vocational training for judicial positions, to be submitted to the Government in the first quarter of 2003.

k/ Cooperate with the Ministry of Science, Technology and Environment and other relevant agencies to conduct a summary of scientific research activities in the field of judiciary and law, based on which to develop a Project to enhance the capacity of organizations conducting judicial and legal scientific research. Focus scientific research efforts on addressing urgent issues and strategic issues in judicial and legal work to effectively serve judicial reform.

l/ Take the lead and cooperate with the National Assembly's Committee for Legal Affairs, the Supreme People's Procuracy, the Supreme People's Court, the Ministry of Public Security, and other relevant agencies to review and propose the development and gradual improvement of legal documents concerning the organization and operation of the judiciary; promptly complete the draft Strategy for Comprehensive Development of the Legal System for the period 2001-2010.

m/ Strengthen management of international cooperation activities in the field of judiciary and law; intensify activities serving the process of actively integrating into the international economy.

Direct the study on signing Mutual Legal Assistance Agreements with countries, primarily neighboring countries, countries in the region, and countries with traditional relations.

Develop a project to establish an agency for researching international judiciary and international economic law to serve integration, to be submitted to the Government in the first quarter of 2003.

Develop a project to strengthen international cooperation in the field of legal education and training of judicial personnel, to be submitted to the Government in the second quarter of 2002.

n/ Take the lead and cooperate with the Ministry of Education and Training, the Supreme People's Court, the Supreme People's Procuracy, the Government's Organizational-Cadre Department, the Ministry of Public Security, and other relevant agencies to conduct surveys and evaluations of the current status of legal education and the effectiveness of using law graduates after graduation as a basis for developing plans to improve the quality of legal education and the utilization of law graduates.

o/ Take the lead and cooperate with relevant agencies to develop a Project to implement the inspection and supervision of legal regulatory documents issued by ministries, sectors, and local authorities, to be submitted to the Government in the second quarter of 2002.

p/ Cooperate with the Supreme People's Court and the Ministry of Defense in implementing tasks related to managing local courts in terms of organization according to the provisions of the Law on the Organization of the People's Courts to be amended and supplemented at the eleventh session of the tenth National Assembly.

3. The Ministry of National Defense

a/ Study and develop a Project to implement key tasks in judicial work for judicial agencies in the military, in line with the spirit of Resolution No. 08/NQ-TW of the Politburo and the guidance of the Central Military Party Committee.

b/ Review, evaluate, and enhance the capacity of the judicial cadre in the military in accordance with the spirit of Resolution No. 08/NQ-TW of the Politburo and the guidance of the Central Military Party Committee.

4. The Ministry of Education and Training

a/ Take the lead and cooperate with the Ministry of Justice and other relevant agencies to develop a project to reorganize law schools towards concentrating on two universities: Hanoi University of Law and Ho Chi Minh City University of Law, to be submitted to the Prime Minister in the third quarter of 2002.

b/ Direct educational institutions to examine and evaluate existing curricula and textbooks, develop a Project to unify curricula and textbooks for legal education, ensuring that law graduates have firm political views, good moral qualities, and a solid grasp of legal knowledge.

5. The Ministry of Planning and Investment

a/ Cooperate with the Supreme People's Court, the Ministry of Finance, and the Ministry of Justice to urgently develop a Project to strengthen material conditions and working conditions for judicial agencies at the local level, to be submitted to the Government in the third quarter of 2002.

b/ Take the lead and cooperate with the Ministry of Finance, the Ministry of Construction, and the Government Office to regularly inspect the implementation of investment plans in various sectors and localities, ensuring focused investment and strengthening material conditions and working conditions for local judicial agencies according to approved goals, plans, and investment structures.

6. The Ministry of Finance.

Take the lead and cooperate with the Supreme People's Court, the Supreme People's Procuracy, and the Ministry of Justice to study and develop a Project to establish a compensation fund for judicial damages, to be submitted to the Government in the fourth quarter of 2002.

7. The Ministry of Culture, Sports and Tourism.

Direct mass media agencies to actively participate in detecting violations and crimes, promptly publicizing good people in judicial activities, especially individuals and organizations courageously fighting against crime and protecting justice, criticizing negative behaviors, corruption, and irresponsibility.

8. People's Committees at all levels.

a. Ensure sufficient conditions for the People's Councils at all levels to strengthen their oversight of judicial work, focusing on compliance with laws in areas such as arrest, temporary detention, prosecution, trial, and enforcement of judgments, and oversight of the issuance of legal regulatory documents on judiciary.

b. Emphasize responsibility in directing and coordinating between local judicial agencies and creating favorable conditions for local judicial agencies to effectively perform their assigned tasks, particularly key tasks in judicial work as stipulated in Resolution No. 08/NQ-TW of the Politburo to ensure social order, discipline, safety, and the enhancement of socialist rule of law.

c. Strengthen organization and direction to unify enforcement work at the local level, ensuring necessary conditions for decisions and judgments with legal force to be respected and strictly enforced. Enhance the role and ensure conditions for the Enforcement Directive Boards at all levels to operate effectively.

d. Closely direct and adequately invest in legal awareness, dissemination, and education. Enhance the role of the Coordination Councils for Legal Dissemination and Education at all levels; mobilize agencies, organizations, and mass media in the locality to participate in legal awareness, dissemination, and education, and combat and prevent crime.

Strengthen and consolidate the grassroots mediation system. Promote appropriate forms of mediation.

9. Implementation organization.

Ministers, Heads of ministerial-level agencies, and Chairpersons of People's Committees at all levels shall promptly and proactively develop programs and plans to effectively implement this Directive.

The Government Office shall be responsible for monitoring, urging, and inspecting the implementation of this Directive, regularly reporting and proposing recommendations to the Prime Minister on measures to effectively direct the implementation of this Directive.