Decision No. 14/1999/QD-BTP On the Issuance of the Regulation on Promoting Democracy in the Ministry of Justice

Pursuant to …;

Regarding the issuance of the Regulation on Implementing Democracy in the Ministry of Justice

_______________

THE MINISTER OF JUSTICE

Pursuant to Article 16 of the Law on Enacting Legal Normative Documents dated November 12, 1996;

Pursuant to Decree No. 71/1998/NĐ-CP dated September 8, 1998 of the Government on the Issuance of the Regulation on Implementing Democracy in the Activities of the Agency;

Pursuant to Decree No. 38-CP dated June 4, 1993 of the Government on the Functions, Tasks, Authorities, and Organization of the Ministry of Justice;

At the proposal of the Director of the Personnel and Training Department,

Pursuant to …;

Article 1. This Decision promulgates the Regulation on Implementing Democracy in the Ministry of Justice.

Article 2. The Department for Management of Local Courts; the Department for Management of Notarization, Judicial Appraisal, Civil Status, Nationality, and Personal Records; the Bureau for Enforcement of Civil Judgments; and the Bureau for Legal Aid shall draft model regulations on implementing democracy in relations with the public within their respective fields and submit them to the Minister for issuance.

The Hanoi University of Law shall draft a regulation on democracy in its unit and submit it to the Minister for issuance.

Article 3. This Decision shall take effect fifteen days from the date of signing the document.

Article 4. Heads of the Ministry, Heads of units under the Ministry, officers, and civil servants of the Ministry are responsible for implementing this Decision./.

REGULATIONS

Implementation of Democracy in the Ministry of Justice
(Issued together with Decision No. 14/1999/QĐ-BTP

 dated January 29, 1999 of the Minister of Justice)

PART I

GENERAL PROVISIONS

Article 1. Purpose of the Regulation

The Regulation on Implementing Democracy in the Ministry of Justice aims to create a legal basis for the implementation and promotion of the rights of officers and civil servants to participate in managing the agency, combat corruption, waste, and bureaucracy; in relations with the public, avoid causing inconvenience and harassment; build a clean and strong judicial sector, a cadre and civil servant corps with sufficient qualities and capabilities, operate effectively, fulfill the functions and tasks of the judicial sector, gradually meet the requirements of national renewal.

Article 2. General Principles

The implementation of democracy in the Ministry of Justice must ensure the following principles:

1. Promote the right to self-governance of officers and civil servants while ensuring the leadership of the Party organization in the agency, adhering to the principle of centralized democracy, implementing the chief executive system, and promoting the role of mass organizations;

2. Ensure democracy within the framework of the Constitution and laws, while strictly handling those who abuse democracy to violate the Constitution, laws, and infringe upon the freedom and democratic rights of the people, hindering the performance of official duties by the agency.

Chapter II

DEMOCRACY WITHIN THE MINISTRY OF JUSTICE

Article 3. Responsibilities of the Minister and Deputy Ministers

The Minister manages and directs the activities of the agency according to the chief executive system based on promoting democracy and the right to self-governance of officers and civil servants. The Minister is responsible before the law and higher authorities for all activities of the agency and for the performance of duties and official responsibilities of officers and civil servants under his/her management as stipulated by law.

In implementing democracy within the Ministry, the Minister is responsible for implementing specific provisions set out in Section 1, Chapter II of the Regulation on Implementing Democracy in the Activities of the Agency (as per Decree No. 71/1998/NĐ-CP dated September 8, 1998 of the Government).

Deputy Ministers assist the Minister in ensuring democracy within the agency and are responsible for implementing the democracy regulation in their respective fields and units as assigned by the Minister.

The Minister and Deputy Ministers promptly resolve matters and publicly disclose the results of handling complaints and reports.

Article 4. Rights and Obligations of Civil Servants

Civil servants have the right to participate in management activities of the agency, to make recommendations to Ministers, Deputy Ministers, and Heads of Units to implement measures ensuring the successful implementation of policies and work plans of the Ministry and their units, and to ensure the legitimate rights and interests of civil servants within the Ministry.

While performing official duties, civil servants must comply with the directives and guidance of superiors and direct managers; strictly adhere to procedures, timelines, and deadlines for handling official matters; and bear legal responsibility for the performance of their tasks and official duties; they shall not abuse their positions to accept money, assets, or other material benefits from organizations, entities, or individuals related to the matters they handle.

Civil servants must seriously engage in self-criticism and criticism to continuously improve themselves and combat negative phenomena within the agency, fostering a clean, united, and strong collective spirit.

Civil servants in the agency have the right and must fulfill obligations as prescribed in the Civil Servant Ordinance No. 01/1998/PL-UBTVQH10 dated February 26, 1998, and guiding documents for its implementation.

Article 5. Organizing Staff Meetings of the Agency

Annually, the Leadership of the Ministry collaborates with the Trade Union Committee of the Ministry to organize staff meetings of the agency to evaluate and review the fulfillment of functions and responsibilities of the Ministry, propose specific measures to improve working conditions, enhance the living standards of civil servants in the agency, and ensure the exercise of their rights and legitimate interests.

The meeting will hear reports on the work of the People's Inspectorate and elect a new term People's Inspectorate according to the provisions of the law.

Staff meetings of the agency may be convened at irregular intervals upon request of the Trade Union Committee of the Ministry or upon request of two-thirds of the total number of civil servants in the agency.

Article 6. Receiving Civil Servants in the Ministry

Regularly, the Leadership of the Ministry, under the direction of the Minister, sets aside one day each month to meet with civil servants in the Ministry. The Director of the Ministry’s Office is responsible for publicly announcing the monthly schedule and organizing registration of needs, scheduling time reasonably to ensure effective meetings.

In case of urgent need for a civil servant to meet with the Minister or Deputy Minister, the Secretary of the Minister or the specialist assisting the Deputy Minister will directly report to the Minister or Deputy Minister for consideration and decision.

The Minister and Deputy Ministers must listen to opinions, reflections, and criticisms of civil servants and must not retaliate against those who offer suggestions or criticisms.

At least once every six months, the Minister and Deputy Ministers will work with all civil servants under their supervision to hear their thoughts, aspirations, and propose solutions to promote the rights of civil servants; timely provide general guidance and direction.

Article 7. Establishing a Suggestion Box

The agency sets up a suggestion box for civil servants to submit opinions on the management and operation of the Ministry's leadership, the Heads of Units under the Ministry; express thoughts, wishes, or propose measures to ensure the completion of the Ministry's functions and tasks.

The Head of the People's Inspectorate and the Chairman of the Trade Union of the Ministry are responsible for organizing and managing the suggestion box, and compiling submitted opinions to report to the Ministry's leadership for periodic monthly processing.

The Ministry's leadership directly or assigns the Heads of relevant Units to process submitted opinions and respond to contributors through the following specific methods:

a. Directly exchange with the contributor if the issue concerns the individual contributor;

b. Publicly report at the Ministry's or Unit's regular meetings if the issue relates to the overall operations of the Ministry;

c. Publicly notify in writing to the contributor and relevant units.

Article 8. Matters that must be publicly announced for officials and civil servants to know

The following matters within the functions and tasks of the Ministry must be publicly announced for officials and civil servants of the agency to know:

Annual, six-month, quarterly, and monthly work programs and plans of the agency and its subordinate units;

Allocation and settlement of operating funds of the agency and its subordinate units;

Programs and projects funded by the State, organizations, and individuals both domestically and internationally for the Ministry and sector;

Implementation of regulations and policies regarding officials and civil servants in recruitment, salary increase, promotion, commendation, disciplinary action, transfer, and reassignment of officials and civil servants;

Directives and guidance documents for localities, Ministries, and sectors;

Negative cases and corruption within the agency after conclusions by the Inspectorate;

Results of complaints and denunciations related to officials and civil servants in the agency;

Housing and land allocation system; general regulations on inspection tours and surveys both domestically and internationally;

Internal rules and regulations of the Ministry, sector, and its subordinate units;

Other matters deemed necessary by the Ministry's leadership.

Article 9. Forms of public announcement

The Ministry's leadership and heads of subordinate units have the responsibility to coordinate with the Trade Union and other political-social organizations at the agency to provide information related to matters that need to be publicly announced as recorded in Article 8 of this Regulation for all officials and civil servants in the agency to know through the following specific forms:

Announcing by written notice to all officials and civil servants in the agency;

Publicly posting at the headquarters of the Ministry and its subordinate units;

Reporting at mid-year review meetings, year-end summary meetings, quarterly and monthly departmental meetings of the Ministry and its subordinate units, and meetings of political-social organizations of the Ministry;

Notifying the heads of subordinate units and requiring them to notify officials and civil servants in their units;

Transmitting such information through the internal computer network of the agency.

Article 10. Matters where officials and civil servants have the right to participate in opinions before the Minister decides

The Ministry's leadership is responsible for ensuring the right of officials and civil servants in the agency to participate in opinions on the following matters:

Policies and measures to implement Party resolutions and state laws;

Draft normative legal documents prepared by the Ministry of Justice;

Draft long-term and annual work plans;

Draft annual reports and plans for the next year;

Projects related to organizational reform and activities of the judicial sector;

Internal rules and regulations of the agency;

Measures to improve organization, working procedures, thrift, anti-waste, anti-corruption, anti-bureaucracy, and anti-harassment;

Recruitment, training, promotion, and development plans for officials and civil servants in the agency;

Implementation of regulations and policies related to the rights and common interests of officials and civil servants in the agency;

Organization of competitive movements;

Other matters deemed necessary by the Ministry's leadership.

Article 11. Forms to ensure the implementation of the right of participation in opinions of officials and civil servants in the agency

Under the direction of the Party Cadre Committee, the Ministry's leadership coordinates with the Trade Union and other political-social organizations in the agency to solicit opinions on matters stipulated in Article 10 of this Regulation through the following forms:

Distributing survey and opinion solicitation forms to each official and civil servant in the agency;

Through the Agency Staff and Civil Servants Conference;

Through joint conferences between the Ministry's leadership, the leadership of subordinate units, and the leadership of political-social organizations in the agency;

Sending draft documents for officials and civil servants to provide opinions;

Through the Suggestion Box.

Opinions contributed by officials and civil servants must be compiled into a report submitted to the Ministry's leadership. The Ministry's leadership and heads of subordinate units assigned the responsibility must handle, compile, and publicly announce these opinions.

Article 12. Matters for officers and civil servants to discuss and decide directly within the agency

Officers and civil servants within the agency have the right to discuss and decide directly on the following matters:

The policy and contribution levels of voluntary fundraising campaigns;

Establishing the People's Inspection Board;

Certain internal matters of the agency in accordance with the provisions of the law.

Article 13. Forms of implementation of matters discussed and decided directly by officers and civil servants within the agency direct

The Ministry's leadership and the heads of subordinate units shall coordinate with political and social organizations within the agency to direct and organize for officers and civil servants to discuss and decide directly on the matters specified in Article 12 of this Regulation through one of the following forms:

Organizing a full staff meeting of officers and civil servants to discuss and decide openly;

Organizing a meeting of representatives of officers and civil servants within the agency to discuss and decide;

Distributing ballots to collect opinions from each officer and civil servant within the agency.

Such meetings and the distribution of ballots only have value when at least two-thirds of the officers and civil servants or their representatives participate.

Article 14. Responsibilities of the Ministry's leadership and the heads of subordinate units in organizing the implementation of matters decided directly by officers and civil servants within the agency

The Ministry's leadership and the heads of subordinate units are responsible for creating all necessary conditions for the Trade Union Committee and other political and social organizations within the agency to organize and implement the decisions made by officers and civil servants.

Article 15. Content of supervision and inspection by officers and civil servants

Officers and civil servants have the right to supervise and inspect the following matters:

The implementation of annual, six-month, and quarterly work programs and plans of the agency;

The allocation and settlement of operating funds of the agency and subordinate units; the management and use of assets of the agency;

The implementation of state policies regarding the rights and common interests of officers and civil servants within the agency;

The implementation of internal regulations and rules of the agency;

The resolution of complaints and reports from officers, civil servants, and the public against the agency, its heads, and officers and civil servants within the agency.

Article 16. Forms of inspection and supervision by officers and civil servants

Officers and civil servants carry out supervision and inspection through the following forms:

Reporting negative phenomena, corruption, waste to the Ministry's leadership and the heads of subordinate units and requesting the Ministry's leadership to organize inspections and investigations;

Questioning the Ministry's leadership and the heads of subordinate units about the agency's activities at the full staff meeting of officers and civil servants;

Through the activities of the People's Inspection Board;

Those who report negative phenomena have the right to attend and participate in discussions at the meeting concluding the inspection and investigation.

Article 17. The People's Inspection Board

1. The People's Inspection Board at the Ministry of Justice is elected by the full staff meeting of officers and civil servants with a term of two years. The organization and operation of the People's Inspection Board follow the provisions of Decree No. 241-HĐBT issued by the Council of Ministers on August 5, 1991.

2. The People's Inspection Board at the Ministry of Justice is directly directed in its activities by the Trade Union Committee of the Ministry and guided in its operations by the Inspectorate of the Ministry.

3. The People's Inspection Board at the Ministry of Justice relies on officers and civil servants to promptly identify violations of the law; regularly listens to the opinions and reports of officers and civil servants within the agency; explains and mobilizes officers and civil servants to comply with the policies and laws of the Party and the State;

4. The People's Inspection Board at the Ministry of Justice has the right:

a. When discovering signs of violation of the law, it records them in a report, proposes solutions to the Ministry's leadership for resolution, and monitors the implementation of these proposals;

b. Proposes to the Ministry's leadership and the heads of subordinate units to promptly address and correct any shortcomings and loopholes in management and operation within the unit and the Ministry;

c. The head of the People's Inspection Board has the right to request the heads of subordinate units to provide necessary information and documents for monitoring and inspecting the implementation of policies and laws within the Ministry.

5. The People's Inspection Board is responsible for reporting to the Trade Union Committee of the Ministry on its activities, semi-annual work, and annual summary.

6. The Ministry's leadership and the heads of subordinate units are responsible for promptly addressing the requests and proposals of the People's Inspection Board and providing all necessary conditions for the People's Inspection Board to fulfill its assigned tasks.

Chapter III

DEMOCRATIC IN THE RESOLUTION OF WORK

WITH CITIZENS, AGENCIES, AND ORGANIZATIONS

Section 1

RELATIONSHIP WITH CITIZENS, AGENCIES, AND ORGANIZATIONS

Article 18. Handling matters directly related to citizens, agencies, and organizations

1. In handling matters directly related to citizens, agencies, and organizations (hereinafter referred to collectively as citizens and organizations), the Minister, Deputy Ministers, and Heads of units under the Ministry shall be responsible for:

a. Organizing, directing, and inspecting the public display of procedures, processes for handling matters; time, location for handling matters; fees and charges as prescribed;

b. Organizing, directing, and inspecting civil servants in handling matters of citizens and organizations;

c. Promptly taking appropriate measures to deal with civil servants who fail to complete their tasks, lack responsibility, harass, cause inconvenience, or engage in corruption when handling matters of citizens and organizations;

d. Arranging convenient workplaces and assigning capable staff with a service-oriented spirit to handle matters of citizens and organizations.

2. Those directly handling matters of citizens and organizations must:

a. Study, process, and resolve matters of citizens and organizations promptly in accordance with the provisions of the law;

b. Not harass or create difficulties and inconvenience for citizens and organizations;

c. Resolve matters at the agency's office.

Article 19. Handling complaints and reports from citizens, agencies, and organizations

The leadership of the Ministry and Heads of units under the Ministry shall be responsible for receiving, examining, and promptly resolving complaints and reports from citizens, agencies, and organizations in accordance with the law and within their respective responsibilities regarding matters within their jurisdiction.

Section 2

RELATIONSHIP WITH LEGAL AUTHORITIES,

PEOPLE'S COURTS AT LOCAL LEVELS

Article 20. In directing and guiding legal authorities and People's Courts at local levels

Directing and guiding legal authorities and People's Courts at local levels must ensure timely information on the leadership policies of the Ministry, closely follow practical management requirements at the local level, collect all local recommendations, and take prompt measures to address them.

Regularly, the Ministry's leadership works with the Heads of local legal authorities and People's Courts.

When the Heads of local legal authorities and People's Courts request meetings, the Ministry's leadership shall be responsible for receiving and working according to the Working Regulations of the Ministry's leadership.

3. The Ministry's leadership and Heads of units under the Ministry shall be responsible for any mistakes or shortcomings of local legal authorities and People's Courts if such mistakes or shortcomings arise from their guidance.

Article 21. In issuing guiding documents for implementing legal normative documents

To promote democracy in the direction and guidance of agencies under its management, during the process of drafting, reviewing, and issuing guiding documents for Laws, Ordinances, Decrees related to the functions and tasks of the sector, the Ministry's leadership shall direct the organization of surveys to gather opinions and wishes of local agencies, seek the views of those directly responsible for implementing the documents, and provide conditions for them to participate directly in the draft documents.

Article 22. In handling and resolving specialized issues and cadre work as requested by local legal authorities and People's Courts

The Heads of units under the Ministry, upon receiving requests from legal authorities and People's Courts at local levels, shall be responsible for examining, processing, and replying in writing within 15 days from receipt of the request; in cases where the request involves complex content, the reply period may be extended but not exceed 30 days.

Monthly, the Heads of units under the Ministry shall report to the Ministry's leadership on the reception and processing of requests and recommendations from local legal authorities and People's Courts.

Article 23. In the financial management of the sector

The Director of the Planning and Finance Department shall be responsible for publicly announcing the annual budget allocation plan for judicial organs, local enforcement agencies, and other units under the Ministry. Any changes or adjustments to the budget plan must be approved by the collective leadership of the Ministry. Quarterly, the Director of the Planning and Finance Department shall report on the implementation of the budget plan to the Ministry's leadership for guidance.

Article 24. Direct telephone line

To promptly obtain information and address requests from judicial organs, local people's courts under its management, the Ministry shall establish a direct telephone line at the Ministry's Office.

Information received must be promptly reported to the Ministry's leadership and the heads of relevant units under the Ministry for handling.

Article 25. Regional coordination meetings

When deemed necessary, the Ministry's leadership shall organize coordination meetings with the leadership of judicial organs and local people's courts in various regions to promptly grasp the situation and respond to proposals and requests from these judicial organs and local people's courts.

Article 26. Implementation Provisions

Staff who implement this Regulation well will be rewarded; those who violate the Regulation will be dealt with according to the provisions of the law.