Consolidated Document number 1084/VBHN-BTP On monitoring the implementation of laws

MINISTRY OF JUSTICE -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Number: 1084/VBHN-BTP	Hanoi, March 25, 2020

 

DECREE

REGARDING THE MONITORING OF LEGAL IMPLEMENTATION SITUATIONS

Decree No. 59/2012/NĐ-CP dated July 23, 2012 of the Government on monitoring legal implementation situations, which took effect from October 1, 2012, has been amended and supplemented by:

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 on monitoring legal implementation situations, which took effect from May 15, 2020.

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on Organization of Local Administration dated June 19, 2015;

Based on the Law on Enactment of Legislative Acts dated June 22, 2015;

At the proposal of the Minister of Justice;

The Government issues the Decree on Monitoring Legal Implementation Situations[1].

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the contents and activities of monitoring legal implementation situations and the responsibilities of state agencies in the work of monitoring legal implementation situations.

Article 2. Applicability

This Decree applies to Ministries, ministerial-level agencies, agencies under the Government, and People's Committees at all levels in the work of monitoring legal implementation situations.

Article 3. Purpose of Monitoring Legal Implementation Situations

Monitoring legal implementation situations aims to examine and evaluate the actual situation of legal implementation, propose measures to enhance the effectiveness of legal implementation, and improve the legal system.

Article 4. Principles of Monitoring Legal Implementation Situations

1. Objectivity, transparency, and clarity.

2. Regularity, comprehensiveness, with focus and priority.

3. Combining monitoring legal implementation situations by field and by region.

4. Ensuring close coordination among agencies and organizations during the process of monitoring legal implementation situations; avoiding overlap and duplication with activities within the scope of duties and powers of state agencies as prescribed by law.

5. Mobilizing the participation of political organizations, political-social organizations, occupational and community organizations, and the people.

Article 5. Scope of Responsibility for Monitoring Legal Implementation Situations

1. The Ministry of Justice monitors legal implementation situations nationwide.

2. Ministries and ministerial-level agencies monitor legal implementation situations within their respective sectors and fields. Agencies under the Government monitor legal implementation situations within the assigned fields.

Legal affairs units in Ministries, ministerial-level agencies, and agencies under the Government take the lead and coordinate with units under these agencies to advise and assist Ministers, Heads of ministerial-level agencies, and Heads of agencies under the Government in monitoring legal implementation situations.

Units under Ministries, ministerial-level agencies, and agencies under the Government advise and assist Ministers, Heads of ministerial-level agencies, and Heads of agencies under the Government in monitoring legal implementation situations within the assigned fields.

3. People's Committees at all levels monitor legal implementation situations within their administrative jurisdictions.

Provincial Departments of Justice, District Justice Offices, and civil servants in charge of Justice and Household Registration at commune level take the lead and coordinate with specialized agencies under provincial and district People's Committees, and civil servants in charge of specialized fields at commune level to monitor legal implementation situations within their administrative jurisdictions.

Specialized agencies under provincial and district People's Committees, and civil servants in charge of specialized fields at commune level advise and assist People's Committees at the same level in monitoring legal implementation situations within the assigned fields.

Legal affairs units in specialized agencies under provincial People's Committees advise and assist heads of these specialized agencies in monitoring legal implementation situations.

Article 6. Participation of organizations and individuals in monitoring the implementation of laws

1. Organizations and individuals have the right to participate in activities for monitoring the implementation of laws.

2. Ministries, ministerial-level agencies, agencies under the Government, People's Committees at all levels shall be responsible for creating conditions and encouraging the participation of organizations and individuals in activities for monitoring the implementation of laws.

3. Based on specific conditions and requirements of the work of monitoring the implementation of laws, ministries, ministerial-level agencies, agencies under the Government, People's Committees at all levels shall mobilize the Vietnam Bar Federation, the Vietnam Chamber of Commerce and Industry, social and professional associations, research and training organizations, experts, and scientists who meet the necessary conditions to participate in activities for monitoring the implementation of laws through a cooperation mechanism.

4. Provisions on monitors for monitoring the implementation of laws:

a) Monitors for monitoring the implementation of laws are mobilized to participate in activities of collecting and summarizing information; investigating and surveying; providing opinions on handling the results of monitoring the implementation of laws.;

b) Organizations specified in Clause 3 of this Article that are mobilized to participate as monitors must have fields of activity consistent with the areas requiring monitoring the implementation of laws. Individuals mobilized to participate as monitors must understand the areas requiring monitoring the implementation of laws.

c) Monitors for monitoring the implementation of laws implement according to a contract system for each specific case, except where monitors for monitoring the implementation of laws are civil servants, public officials, or employees receiving salaries from the state budget.

Chapter II

CONTENTS OF MONITORING THE IMPLEMENTATION OF LAWS

Article 7. Contents of Monitoring the Implementation of Laws

Ministries, ministerial-level agencies, agencies under the Government, People's Committees at all levels monitor the implementation of laws based on examining and evaluating the following contents:

1. The situation regarding the issuance of detailed regulations implementing normative legal documents.

2. The situation regarding ensuring conditions for the implementation of laws.

3. The situation regarding compliance with laws.

Article 8. Contents of Examining and Evaluating the Situation Regarding the Issuance of Detailed Regulations Implementing Normative Legal Documents

1. The timeliness and completeness of the issuance of detailed regulations.

2. The consistency and synchronization of the documents.

3. The feasibility of the documents.

Article 9. Contents of Examining and Evaluating the Situation Regarding Ensuring Conditions for the Implementation of Laws

1. The timeliness, completeness, appropriateness, and effectiveness of legal training and dissemination activities.

2. The appropriateness of organizational structures; the level of human resource availability for implementing laws.

3. The level of financial and material resources available to ensure the implementation of laws.

Article 10. Contents of Examining and Evaluating Compliance with Laws

1. The timeliness and completeness of law enforcement by state agencies and 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.

3. The degree of compliance with laws by agencies, organizations, and individuals.

Article 10a. Examining and Evaluating the Implementation of Laws

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1. On the basis of the results of monitoring the implementation of laws, ministries, ministerial-level agencies, agencies under the Government, People's Committees at all levels shall be responsible for examining and evaluating the implementation of laws within their assigned administrative management scope.

2. Based on the provisions of Articles 7, 8, 9, and 10 of this Decree, ministries, ministerial-level agencies, agencies under the Government, People's Committees at all levels shall be responsible for examining and evaluating the positive and negative impacts of the implementation of legal provisions on economic and social life.

3. The Minister of Justice shall provide detailed regulations on examining and evaluating the implementation of laws as stipulated in Articles 8, 9, and 10 of this Decree.

Chapter III

ACTIVITIES OF MONITORING THE IMPLEMENTATION OF LAWS

Article 11. Collection of information on the implementation of laws

1. Ministries, ministerial-level agencies, government agencies, People's Committees at all levels shall compile information on the implementation of laws from reports of state agencies specified in Articles 16 and 17 of this Decree according to the following contents:

a) The number, form, and name of detailed implementing regulations for normative legal documents; the number, form, and name of regulations issued late and reasons for delays; the number of inconsistent, non-synchronized regulations with low feasibility;

b) The content, form of training and disseminating laws that have been implemented; the current status of organizational structure, human resources, financial conditions, and material infrastructure ensuring the implementation of laws;

c) The situation of guiding the application of laws, the situation of applying laws by state agencies and competent authorities;

d) The situation of handling violations of laws.

2. Ministries, ministerial-level agencies, government agencies, People's Committees at all levels shall collect information on the implementation of laws published on mass media and information provided by organizations and individuals.

Organizations and individuals may directly provide information on the implementation of laws or through the websites of ministries, ministerial-level agencies, government agencies, and People's Committees at all levels.

Information published on mass media and information provided by organizations and individuals must be verified and cross-checked before being used to assess the implementation of laws.

Article 11a. Construction and issuance of Plans to monitor the implementation of laws

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1. Annually, ministers, heads of ministerial-level agencies, heads of government agencies, and chairpersons of provincial People's Committees shall be responsible for constructing and issuing Plans to monitor the implementation of laws in their respective ministries, sectors, and localities, to be sent to the Ministry of Justice before January 30 for monitoring and summarizing.

2. The Minister of Justice shall construct and submit to the Prime Minister for consideration and issuance of Plans to monitor the implementation of laws in key areas and inter-sectoral fields before January 1 of the planning year.

Article 12. Inspection of the Implementation of Laws

1. Ministries, ministerial-level agencies, government agencies, People's Committees at all levels shall inspect the implementation of laws within the scope of responsibilities prescribed in Article 5 of this Decree to promptly identify difficulties, obstacles, and limitations in the implementation of laws and deficiencies and inadequacies in the legal system.

2. Agencies, organizations, and individuals subject to inspection shall be responsible for fulfilling the requirements of the inspecting agency as stipulated by law.

3. Inspection of the implementation of laws in key and inter-sectoral fields:

a) Based on the Plan to monitor the implementation of laws issued by the Prime Minister, The Ministry of Justice shall take the lead and coordinate with ministries, ministerial-level agencies, and government agencies to establish inter-ministerial inspection teams on the implementation of laws in key and inter-sectoral fields;

b) The decision to establish inter-ministerial inspection teams must clearly specify the content, work plan of the inspection team, the composition of the inspection team, and the agencies, organizations, and individuals subject to inspection. The decision to establish inter-ministerial inspection teams must be notified to the agencies, organizations, and individuals subject to inspection at least seven working days before the start of the inspection;

c) Agencies, organizations, and individuals subject to inspection shall report in writing, provide relevant information and documents related to the inspection content; explain issues related to the inspection content upon request of the inter-ministerial inspection team. The inter-ministerial inspection team shall examine, verify, and conclude on issues related to the inspection content;

d) Within fifteen days from the end of the inspection, the head of the inter-ministerial inspection team must issue a written notification of the inspection conclusion to be sent to the agencies, organizations, and individuals subject to inspection.

The inspection conclusion must include the following basic contents: observations and evaluations of achievements; existing problems, limitations, and causes of these problems in the implementation of laws; recommendations for measures to enhance the effectiveness of law enforcement and improve the legal system; recommendations for considering and handling responsibility for violations (if any) of agencies, units, and persons authorized to enforce laws.

4. Inspection of the performance of tasks to monitor the implementation of laws:

Ministries, ministerial-level agencies, government agencies, and People's Committees at all levels shall inspect the performance of tasks to monitor the implementation of laws according to the following contents:

a) The issuance of guidance and directives for monitoring the implementation of laws;

b) Ensuring conditions regarding staffing and funding for monitoring the implementation of laws;

c) Training and capacity building in monitoring the implementation of laws;

d) Issuing and organizing the implementation of plans to monitor the implementation of laws;

đ) Coordination in monitoring the implementation of laws;

e) Handling the results of monitoring the implementation of laws.

Article 13. Investigation and Survey of Law Enforcement Situations

1. Ministries, ministerial-level agencies, agencies under the Government, People's Committees at all levels shall investigate and survey according to the requirements of law enforcement situations in specific fields, areas, and subjects through questionnaires, roundtable discussions, direct interviews, and other appropriate methods.

2. The investigation and survey activities may be carried out through a cooperative mechanism.

Article 14. Handling Results of Monitoring Law Enforcement Situations

1. Based on the results of information collection, inspection, investigation, and survey of law enforcement situations, ministries, ministerial-level agencies, agencies under the Government, People's Committees at all levels shall handle the results within their authority or propose to competent authorities to handle the results of monitoring law enforcement situations as follows:

a) Timely promulgating detailed implementing regulations for normative legal documents;

b) Implementing measures to enhance the effectiveness of legal training and dissemination activities; ensuring organizational structure, staffing, budget, and other conditions for law enforcement;

c) Promptly organizing the implementation of normative legal documents that have taken effect;

d) Implementing measures to ensure the accuracy and consistency in guiding the application of laws and in applying laws;

đ) Amending, supplementing, or promulgating new normative legal documents;

e) Implementing other measures to enhance the effectiveness of law enforcement and improve the legal system.

2. Ministries, ministerial-level agencies, agencies under the Government, provincial People's Committees shall be responsible for handling the results of monitoring law enforcement situations upon the request of the Ministry of Justice or relevant ministries and ministerial-level agencies within their respective sectors and fields of management.

Lower-level People's Committees shall be responsible for handling the results of monitoring law enforcement situations according to the requirements of higher-level People's Committees.

3. [7] The Ministry of Justice shall be responsible for directing, guiding, urging, and inspecting ministries, ministerial-level agencies, agencies under the Government, and provincial People's Committees to promptly handle the results of monitoring law enforcement situations; compiling, researching, and proposing to the Government and the Prime Minister to handle the results of monitoring law enforcement situations concerning issues within the decision-making authority of the Government and the Prime Minister.

Ministries, ministerial-level agencies, agencies under the Government, and provincial People's Committees shall be responsible for directing, guiding, urging, and inspecting subordinate agencies and units to promptly handle the results of monitoring law enforcement situations; summarizing the handling of the results of monitoring law enforcement situations in annual reports submitted to the Ministry of Justice.

4. [8] Within thirty days from the date of receipt of the document requesting the handling of the results of monitoring law enforcement situations, the agency, organization, or individual responsible for handling the results of monitoring law enforcement situations must report in writing about the situation and results of implementing measures to address deficiencies and shortcomings and to handle violations discovered during the monitoring of law enforcement situations.

For recommendations regarding the amendment, supplementation, or promulgation of new provisions in normative legal documents reported annually by the Ministry of Justice to the Prime Minister, relevant ministries, and localities shall report on the handling of these recommendations to the Ministry of Justice in the first quarter of the following year.

5. [9] In cases where organizations or individuals under their jurisdiction issue guiding documents on the application of laws or decisions on the application of laws that do not ensure accuracy and violate legal provisions on competence, procedures, and formalities, the Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, and Chairpersons of People's Committees at all levels must issue documents requiring competent agencies, organizations, or individuals to promptly correct, amend, supplement, revoke, or promulgate new documents in accordance with legal provisions.

In cases where normative legal documents within the promulgation authority of ministries, ministerial-level agencies, and People's Committees at all levels contain provisions contrary to normative legal documents of higher-level state agencies, the Minister of Justice, Ministers, Heads of ministerial-level agencies, and Chairpersons of People's Committees at all levels must promptly handle the illegal documents in accordance with their authority as stipulated in Articles 118, 119, and 120 of Decree No. 34/2016/NĐ-CP dated May 14, 2016 of the Government detailing certain provisions and measures to implement the Law on Enacting Normative Legal Documents.

Chapter IV

RESPONSIBILITIES OF STATE AGENCIES IN MONITORING LAW ENFORCEMENT SITUATIONS

Article 15. Responsibilities of the Ministry of Justice

1. Submit to competent authorities for issuance or issue within its authority legal normative documents on monitoring the implementation of laws.

2. [10] (Repealed)

3. Guide, urge, inspect ministries, ministerial-level agencies, agencies under the Government, provincial People's Committees in performing tasks related to monitoring the implementation of laws.

4. Take the lead, coordinate with ministries, ministerial-level agencies, agencies under the Government, and relevant agencies and organizations in monitoring the implementation of laws nationwide and in cross-sectoral fields where there are many difficulties, obstacles, and inconsistencies in practical implementation.

5.[11] Annually report to the Prime Minister on the work of monitoring the implementation of laws nationwide no later than December 25 of the reporting period.

The data closing date for the report runs from December 15 of the year prior to the reporting period to December 14 of the reporting period.

6. Fulfill the responsibilities stipulated in Article 16 of this Decree.

Article 16. Responsibilities of Ministries, Ministerial-Level Agencies, and Agencies Under the Government

1. Direct, guide, urge, and inspect subordinate agencies and units in performing tasks related to monitoring the implementation of laws.

2. [12] (Repealed)

3. Issue and organize the implementation of the Plan for Monitoring the Implementation of Laws of the Ministry, Ministerial-Level Agency, or Agency Under the Government.

4. Handle the results of monitoring the implementation of laws in accordance with Article 14 of this Decree.

5. Ensure conditions for the performance of tasks related to monitoring the implementation of laws.

6.[13] Annually report to the Ministry of Justice on the work of monitoring the implementation of laws no later than December 10 of the reporting period.

The data closing date for the report runs from December 1 of the year prior to the reporting period to November 30 of the reporting period.

Article 17. Responsibilities of People's Committees at All Levels

1. Direct, guide, urge, and inspect specialized agencies under the same-level People's Committee, lower-level People's Committees in performing tasks related to monitoring the implementation of laws locally.

2. Issue and organize the implementation of the Plan for Monitoring the Implementation of Laws of the People's Committee.

3. Handle the results of monitoring the implementation of laws in accordance with Article 14 of this Decree.

4. Ensure conditions for the performance of tasks related to monitoring the implementation of laws.

5.[14] By December 10 annually, the provincial People's Committee reports to the Ministry of Justice on the work of monitoring the implementation of laws. of the reporting period.

The data closing date for the report runs from December 1 of the year prior to the reporting period to November 30 of the reporting period.

The People's Committees at the district and commune levels implement reporting on the work of monitoring the implementation of laws according to the requirements of the directly superior People's Committee.

Article 18. Coordination in Monitoring the Implementation of Laws

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1. Ministries, ministerial-level agencies, agencies under the Government, and People's Committees at all levels have the responsibility to coordinate with the People's Procuracy, People's Courts, Vietnam Fatherland Front, and affiliated organizations, and other relevant organizations in performing tasks related to monitoring the implementation of laws.

2. Based on specific requirements of each monitoring activity, ministries, ministerial-level agencies, agencies under the Government, and People's Committees at all levels request relevant agencies and organizations to cooperate in monitoring the implementation of laws in the following areas:

a) The People's Procuracy and People's Courts provide information on the implementation of laws by agencies, organizations, and individuals through prosecution activities, judicial supervision, and trials;

b) The Vietnam Fatherland Front and affiliated organizations provide information and citizen recommendations through supervisory activities on the implementation of laws;

c) The Vietnam Bar Federation, Vietnam Association of Lawyers, and lawyer associations provide opinions and recommendations of lawyers regarding legal issues related to the implementation of laws;

d) The Vietnam Chamber of Commerce and Industry, professional associations provide opinions and recommendations of enterprises and members regarding the timeliness and comprehensiveness of law enforcement by competent state agencies; the accuracy and consistency in legal guidance and application by competent state agencies; the consistency, synchronization, and feasibility of legal documents and other related issues;

đ) Mass media agencies provide public opinion reflections on the implementation of laws.

Chapter V

IMPLEMENTING PROVISIONS

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Article 19. Funding for monitoring the implementation of laws

The funding for monitoring the implementation of laws by agencies and units at each level shall be guaranteed by the state budget at that level and included in the annual budget estimates of those agencies and units. The preparation of budget estimates and allocation of funds shall be carried out in accordance with the provisions of the State Budget Law and detailed regulations and guidance on its implementation.

Article 20. Effective Date

1. This Decree takes effect from May 15, 2020.

2. The Minister of Justice shall be responsible for directing, guiding, and supervising the implementation of this Decree.

3. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of People's Committees at all levels, and relevant organizations and individuals shall be responsible for implementing this Decree.

 

Place of Receipt: - Minister Le Thanh Long (for reporting); - Office of the Government (for publication in the Official Gazette); - Government Electronic Portal; - Ministry of Justice's Electronic Information Portal; - To be filed: VT, Anti-Corruption and Law Enforcement Supervision Department.

CERTIFIED CONSOLIDATED DOCUMENT DEPUTY MINISTER DEPUTY MINISTER Dang Hoang Oanh