Circular No. 14/2014/TT-BTP detailing the implementation of the Government's Decree No. 59/2012/NĐ-CP dated July 23, 2012 on monitoring the implementation of laws

CIRCULAR

Issuing detailed regulations to implement Decree No. 59/2012/NĐ-CP dated July 23, 2012

of the Government on monitoring the implementation of laws

___________________

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

Pursuant to Decree No. 22/2013/NĐ-CP dated March 13, 2013, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

At the proposal of the Director of the Department of General Legal Issues,

The Minister of Justice issues this Circular to provide detailed regulations for implementing Decree No. 59/2012/NĐ-CP dated July 23, 2012 on monitoring the implementation of laws and performing responsibilities assigned in Decision No. 921/QĐ-TTg ADJUSTMENT dated June 12, 2013 of the Prime Minister on transferring the responsibility for monitoring the issuance of detailed regulatory documents for laws and ordinances. MONITORING AND EVALUATION NATIONAL Article 1. Monitoring and evaluating the timeliness and completeness of issuing detailed regulatory documents for normative legal documents

PART I

1. The timeliness and completeness of issuing detailed regulatory documents for normative legal documents shall be evaluated based on the following main contents: OF LAWS

Based on the results

of reviewing

a) laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, decisions of the President, decrees of the Government, decisions of the Prime Minister (hereinafter referred to as the regulated documents), lcompleting the task of determining the content to be detailed;  Establishing a list of detailed regulatory documents including decrees of the Government, decisions of the Prime Minister, circulars, joint circulars drafted primarily by Ministries and equivalent agencies, resolutions of People's Councils, decisions of provincial-level People's Committees (hereinafter referred to as detailed regulatory documents) . The list

b) of resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, decisions of the Presidentshall be sent to the Ministry of Justice and the Office of the Government for consolidation and submission to the Prime Minister within three detailed regulations lcompleting the task days from the date of issuance of the regulated document. The list of detailed regulatory documents for Government decrees and Prime Minister decisions shall be submitted to the Minister, head of equivalent agency, and provincial-level People's Committee (hereinafter referred to as provincial-level People's Committee) for issuance within organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.the latest period of five working days from the date of issuance of the regulated documentc) Assigning plans, designating leading units, and coordinating units to draft detailed regulatory documents within the latest period of fifteen days from the date of issuance of the list of detailed regulatory documents;d) Detailed regulatory documents shall be issued according to the approved schedule and shall contain all the detailed content specified in the list of detailed regulatory documents.;

Based on the contents stipulated in Clause 1 of this Article, the legal affairs organization of the Ministry, equivalent agency, and Department of Justice shall take the lead and coordinate with units under the Ministry, equivalent agency, and specialized agencies under the provincial-level People's Committee to assist the Minister, head of equivalent agency, and provincial-level People's Committee in performing the following tasks:

a) Evaluating the timeliness and completeness of reviewing, preparing draft lists, and issuing plans to build detailed regulatory documents issued by the Ministry, equivalent agency, or provincial-level People's Committee or submitted to competent authorities for issuance;

2b) Evaluating the completeness of detailed regulatory documents compared to the number of detailed contents assigned in the regulated document;

c) Evaluating the progress of issuing detailed regulatory documents by comparing it with the planned issuance date;d) Supervising, urging, and inspecting units under the Ministry, equivalent agency, and specialized agencies under the provincial-level People's Committee and implementing measures to ensure the quality and progress of building

detailed regulatory documents;

e) Regularly reporting monthly, quarterly, semi-annually, annually, and upon request of the Ministry of Justice about the situation of building detailed regulatory documents. Upon request of the Ministry of Justice, provincial-level People's Committees shall report about the situation of building detailed regulatory documents. Reports shall clearly state the progress of each document, difficulties, obstacles, causes, and proposed solutions.

3. Based on the consolidated reports of Ministries, equivalent agencies, and provincial-level People's Committees, the Ministry of Justice shall prepare a Report on the situation of issuing detailed regulatory documents for normative legal documents to submit to the Government.   urging, inspecting units under the Ministry, agencies at the level of ministries, specialized agencies under provincial People's Committees to ensure quality and progress in drafting detailed regulations; detailed regulations;

d) Regularly every month, quarter, six months, annually, and upon request from the Ministry of Justice, legal affairs organizations of ministries and agencies at the level of ministries shall report on the situation of drafting detailed regulations. Upon request from the Ministry of Justice, provincial People's Committees shall report on the situation of drafting detailed regulations. The reports shall clearly state the progress for each regulation, difficulties and obstacles encountered, their causes, and proposed solutions.

3. Based on the consolidated reports from ministries, agencies at the level of ministries, and provincial People's Committees, the Ministry of Justice shall prepare a Report on the situation of promulgating detailed regulations implementing legal normative documents to be submitted to the Government.

Article 2. Review and evaluation of the consistency and synchronization of detailed regulatory documents

1. The consistency and synchronization of detailed regulatory documents shall be reviewed and evaluated based on the provisions of Article 11 and Article 12 of Decree No. 16/2013/NĐ-CP dated February 6, 2013 of the Government on reviewing and systematizing legal normative documents.

2. Basic sources of information for evaluating the consistency and synchronization of detailed regulatory documents include:

a) Information from agencies and units as stipulated in Clause 3 of this Article;

b) Results of inspection, investigation, and survey activities on the implementation of laws;

c) Results of activities to consolidate legal normative documents, codify legal norms, review, and check legal normative documents, and control administrative procedures;

d) Feedback from agencies, organizations, individuals, mass media, and public opinion.

3. Based on the provisions of Clause 1 of this Article, units under Ministries, agencies at the level of Ministries, specialized agencies under provincial and district People's Committees, and specialized civil servants under commune People's Committees (hereinafter referred to collectively as specialized agencies) shall identify detailed regulatory documents with contents that do not ensure consistency and synchronization; propose forms of handling and send them to the legal institutions of Ministries, agencies at the level of Ministries, specialized agencies under the Government, Departments of Justice, Justice Offices, and civil servants in charge of Justice and Household Registration at the commune level (hereinafter referred to collectively as judicial agencies) for consolidation. provincial People's Committees, district People's Committees, specialized agencies under the provincial People's Committee (hereinafter referred to collectively as specialized agencies), upon discovering detailed regulations with contents that do not ensure consistency and synchronization, shall propose handling measures and send them to the legal affairs organization of the ministry, agency at the level of a ministry, agency under the Government, Department of Justice, Judicial Office, Notary-Civil Status Officer at the commune level (hereinafter referred to collectively as judicial agencies) for consolidation. detailed regulations

4. Based on the analysis, review, and consolidation of the sources of information prescribed in Clause 2 of this Article, judicial agencies shall compile a list of detailed regulatory documents with contents that do not ensure consistency and synchronization, report to the Minister, Heads of agencies at the level of Ministries, specialized agencies under the Government, and provincial-level People's Committees for consideration and amendment within their authority or propose to competent agencies for consideration and handling. provided for in Clause 2 of this Article, judicial agencies compile a list of detailed regulations with contents that do not ensure consistency and synchronization , reporting to the Minister, Head of an agency at the level of a ministry, agency under the Government, and the same-level People's Committee for consideration and amendment or supplementation within their authority, or proposing relevant authorities to consider and handle.regarding the degree of compliance with ensuring, proposing financial assurance, equipment, and infrastructure, sending to the agency responsible for financial work at the same level for

Article 3. Review and evaluation of the feasibility of detailed regulatory documents

1. The feasibility of detailed regulatory documents shall be evaluated based on the following basic contents:

a) The appropriateness of the provisions with economic and social conditions, educational levels, cultural traditions, and customs;

b) The appropriateness of the provisions with actual conditions regarding organizational structures, human resources, and financial resources for implementation;

c) The rationality of measures to address issues and sanctions for violations;

d) The clarity of provisions regarding the tasks and powers of agencies, organizations, and the procedures and processes for implementation;

đ) The clarity and specificity of provisions that can be implemented correctly, understood uniformly, and applied conveniently.

2. Basic sources of information for evaluating the feasibility of detailed regulatory documents include:

a) Information from agencies and units as stipulated in Clause 3 of this Article;

b) Information prescribed in Points b, c, and d of Clause 2 of this Circular.

3. Based on the provisions of Clause 1 of this Article, specialized agencies shall identify detailed regulatory documents with contents that do not ensure feasibility or difficulties, obstacles, and shortcomings in practical implementation, assess the causes, propose forms of handling, and send them to judicial agencies for consolidation.

4. Based on the analysis, review, and consolidation of the sources of information prescribed in Clause 2 of this Article, judicial agencies shall compile a list of detailed regulatory documents with contents that do not ensure consistency and synchronization, report to the Minister, Heads of agencies at the level of Ministries, specialized agencies under the Government, and provincial-level People's Committees for consideration and amendment within their authority or propose to competent agencies for consideration and handling. provided for in Clause 2 of this Article, judicial agencies compile a list of detailed regulations Detailed regulatory documents with contents that do not ensure feasibility or difficulties, obstacles, and shortcomings in practical implementation shall be reported to the Minister, Heads of agencies at the level of Ministries, specialized agencies under the Government, and provincial-level People's Committees for consideration and amendment within their authority or propose to competent agencies for consideration and handling.

Article 4. Review and evaluation of the assurance of conditions for implementing laws

1. Based on the sources of information prescribed in Points b, c, and d of Clause 2 of this Circular, specialized agencies shall review and evaluate the assurance of conditions for implementing laws according to the following basic contents:

a) Determine the need for training and disseminating laws for each field and specific target groups, compare with the actual activities, content, forms, and target groups of training and disseminating laws already carried out, evaluate the completeness, timeliness, and appropriateness of training and dissemination activities, the impact of training and dissemination work on awareness and compliance, propose solutions to improve the effectiveness of training and dissemination work, and send them to the judicial agency at the same level for monitoring and consolidation;

b) Determine the need for organizational structures, number, and standards of cadres, civil servants, and public officials to meet the requirements of law enforcement, compare with the actual situation, evaluate the suitability of organizational structures and the adequacy of human resources, propose measures to ensure organization, staffing, and human resources, and send them to the agency responsible for cadre management at the same level for consolidation and handling, while sending them to the judicial agency at the same level for overall monitoring and consolidation;

c) Determine the need for funding, equipment, and infrastructure to meet the requirements of law enforcement, compare with the current status of assurance, evaluate the adequacy of assurance, propose measures to ensure funding, equipment, and infrastructure, and send them to the agency responsible for financial affairs at the same level for consolidation and handling, while sending them to the judicial agency at the same level for overall monitoring and consolidation. consolidation and handling, while also sending to the same-level judicial agency for monitoring and overall consolidation. inaccurate or inconsistent guidance; decisions applying laws issued by state agencies and persons with authority that violate procedures, formalities, authority, and do not ensure accuracy; common violations in specific fields; c) Proposing state agencies with authority to take measures to promptly organize the implementation of effective legal documents; handling violations to ensure the accuracy and consistency in guidance and application of laws; amending, supplementing, and issuing new legal normative documents; taking other measures to enhance the effectiveness of law enforcement and improve the legal system, sending to the same-level judicial agency for monitoring and overall consolidation.

2. Judicial agencies shall take the lead and coordinate with agencies responsible for cadre management and financial affairs at the same level to consolidate, analyze, and review the proposals prescribed in Points a, b, and c of Clause 1 of this Article, report to the Minister, Heads of agencies at the level of Ministries, specialized agencies under the Government, and provincial-level People's Committees for consideration and handling within their authority or propose to competent agencies for consideration and handling.

Article 5. Review and assessment of compliance with laws

1. Based on information sources specified in points b, c, and d, Clause 2, Article 2 of this Circular, specialized agencies shall review and assess the situation of compliance with laws as follows:

a) Identify and compile a list of specific provisions in regulatory legal documents that have not been timely and fully implemented by state agencies and competent authorities; inaccurate or inconsistent guidance; decisions applying laws issued by state agencies and competent authorities that violate procedures, formalities, authority, and do not ensure accuracy; common violations in specific fields. 4. The Ministry of Justice shall lead and coordinate with ministries, agencies at the level of ministries, and agencies under the Government to establish inter-ministerial inspection teams on the situation of law enforcement in cross-sectoral areas with many difficulties, obstacles, and inconsistencies in practical implementation.

b) Evaluate the causes of the violations stipulated in point a, Clause 1 of this Article based on criteria regarding the content of regulatory legal documents, the implementation of laws, the awareness of law enforcement by agencies, organizations, and individuals, and other causes.

Judicial agencies may propose the Minister, Head of an agency at the level of a ministry, agency under the Government, and the Chairman of the same-level People's Committee to establish inspection teams on the situation of law enforcement in areas related to the functions and tasks of multiple units facing many difficulties, obstacles, and inconsistencies in practical implementation.

c) Recommend state agencies with authority to take measures to promptly organize the implementation of legal documents that have taken effect; handle violations to ensure the accuracy and consistency in guiding and applying laws; amend, supplement, and issue new regulatory legal documents; implement other measures to enhance the effectiveness of law enforcement and improve the legal system, and submit them to the same-level judicial agency for monitoring and consolidation.

Chapter II

IMPLEMENT MONITORING ACTIVITIES OF LAWS

Article 6. Building a plan to monitor the implementation of laws

1. Based on the resolution of the National Assembly at the end-of-year session on the socio-economic development plan for the following year, the results of the National Assembly's supervision activities, the content of responses to questions from National Assembly deputies, citizen recommendations during the year, and practical law enforcement, before November 30 each year, the Ministry of Justice shall take the lead and coordinate with ministries, ministerial-level agencies, and government-affiliated agencies to propose to the Government key areas to monitor the implementation of laws in the Government's resolution on major tasks, main solutions to guide and implement the socio-economic development plan and the State budget estimate for the following year.

2. Based on the Government's resolution major tasks, main solutions to guide and implement the socio-economic development plan and the State budget estimate annually and practical law enforcement within their management scope, within 15 days from the date of issuance of the Government's resolution, ministries, ministerial-level agencies, government-affiliated agencies, and provincial People's Committees must issue plans to monitor the implementation of laws in their ministries, sectors, and localities, specifying key areas to monitor the implementation of laws ensuring synchronization with key areas in administrative procedure control and legal document inspection within their management scope in that year.

Based on key areas to monitor the implementation of laws in the Government's resolution, the Ministry of Justice shall take the lead and coordinate with ministries and ministerial-level agencies to issue and implement plans to monitor the implementation of laws in key areas, and report to the Prime Minister as prescribed.

3. The plan to monitor the implementation of laws includes the following main contents:

a) Objectives and requirements;

b) Specific regulatory legal documents or key legal fields to be monitored and evaluated;

c) Specific activities and progress schedules;

Point d) Responsibilities of agencies and organizations in implementing the plans;

đ) Budget for implementing the plan.

4. Plans to monitor the implementation of laws by ministries, ministerial-level agencies, government-affiliated agencies, and provincial People's Committees shall be submitted to the Ministry of Justice for monitoring and consolidation.

Article 7. Receiving and Processing Information on the Implementation of Laws

1. Organizations and individuals may provide information on the implementation of laws in writing or directly at the offices for receiving citizens' complaints or through the Ministry of Justice's electronic information website (Legal Implementation Situation section) and those of Ministries, ministerial-level agencies, government agencies, and People's Committees at all levels.

2. Ministries, ministerial-level agencies, government agencies, and People's Committees at all levels shall be responsible for receiving information on the implementation of laws provided by organizations and individuals in accordance with Clause 1 of this Article; collecting information on the implementation of laws published in mass media. After verification and cross-checking for accuracy, such information shall be used as a basis to conduct inspections, investigations, and surveys on the implementation of laws in accordance with Articles 12 and 13 of Decree No. 59/2012/NĐ-CP on Monitoring the Implementation of Laws (hereinafter referred to as Decree No. 59/2012/NĐ-CP) and Articles 8 and 9 of this Circular, or to process monitoring results of the implementation of laws in accordance with Article 14 of Decree No. 59/2012/NĐ-CP.

Article 8. Inspection of the Implementation of Laws 1. Inspections of the implementation of laws shall be carried out according to the monitoring plan of the implementation of laws or when there are difficulties, obstacles, or inconsistencies in practical implementation, or upon request of competent state authorities. 2. The content of inspections of the implementation of laws shall be conducted in accordance with Articles 7, 8, 9, and 10 of Decree No. 59/2012/NĐ-CP and Articles 1, 2, 3, 4, and 5 of this Circular; simultaneously linking with inspections of key contents in the field of administrative procedure control and inspections of regulatory legal documents determined in the annual plan of ministries, sectors, and localities.

3. Ministries and ministerial-level agencies shall inspect the implementation of laws for other Ministries, ministerial-level agencies, government agencies, and provincial People's Committees within their respective fields of management. Higher-level People's Committees shall inspect the implementation of laws for lower-level People's Committees within their jurisdictional areas.

4. The Ministry of Justice shall take the lead and coordinate with Ministries, ministerial-level agencies, and government agencies to establish inter-ministerial inspection teams regarding the implementation of laws in inter-sectoral fields where there are many difficulties, obstacles, and inconsistencies in practical implementation. Judicial organs shall propose the establishment of inspection teams regarding the implementation of laws in fields related to the functions and tasks of multiple units where there are many difficulties, obstacles, and inconsistencies in practical implementation.

The decision to establish inspection teams must clearly specify the content, work plan, composition of the inspection team, and the inspected agencies, organizations, and individuals. The decision to establish inspection teams shall be notified to the inspected agencies, organizations, and individuals not later than seven working days before the start of the inspection.

5. Agencies, organizations, and individuals subject to inspection shall report in writing, provide relevant information and documents concerning the inspection content; explain issues related to the inspection content. The inspection team or authorized inspector shall examine, verify, and conclude on issues related to the inspection content. 6. During the inspection process, when discovering information that needs to be handled in accordance with Article 14 of Decree No. 59/2012/NĐ-CP, the inspection team and authorized inspector shall recommend competent agencies, organizations, and individuals to apply necessary measures to handle the situation. Within fifteen days from the date of receipt of the handling recommendation, the competent agency, organization, or individual shall notify the inspection team about the handling result of the inspection recommendation to the person who issued the inspection decision. In case of disagreement with the handling result or failure to receive the handling result, the person who issued the inspection decision shall send the handling recommendation to the immediate superior of the competent agency, organization, or individual responsible for handling the inspection result. 7. Within fifteen days from the end of the inspection, the inspection team shall report to the person who issued the inspection decision about the inspection results.

The decision to establish inspection teams must specify the content, work plan of the inspection team, its composition, and the agencies, organizations, and individuals subject to inspection. The decision to establish inspection teams must be notified to the agencies, organizations, and individuals subject to inspection no later than seven working days before the start of the inspection.

Agencies, organizations, and individuals subject to inspection shall submit written reports, provide information and materials related to the inspection content, and explain issues within the scope of the inspection. The inspection team or authorized inspector shall examine, verify, and conclude on issues within the scope of the inspection.

During the inspection process, when discovering information requiring handling according to Article 14 of Decree No. 59/2012/NĐ-CP, the inspection team and authorized inspectors shall propose that competent agencies, organizations, and individuals apply necessary measures to handle the matter. Within fifteen days from receiving the handling proposal, the competent agencies, organizations, and individuals shall notify the inspection team about the handling result to the person who made the inspection decision. If there is disagreement with the handling result or if no notification is received, the person who made the inspection decision shall send the handling proposal to the immediate superior of the competent agency, organization, or individual responsible for handling the inspection results.

Within fifteen days from the end of the inspection, the inspection team shall report to the person who made the inspection decision about the inspection results.

6. During the inspection process, when discovering information that needs to be handled in accordance with Article 14 of Decree No. 59/2012/NĐ-CP, the inspection team and the authorized inspector shall recommend that the competent agencies, organizations, or individuals apply necessary measures for handling. Within fifteen days from the date of receipt of the recommendation to handle the inspection results, the competent agency, organization, or individual shall notify the inspection team about the outcome of handling the recommendation. In case of disagreement with the handling result or failure to receive the handling result, the decision-maker of the inspection shall submit the recommendation for handling to the immediate superior authority of the competent agency, organization, or individual responsible for handling the inspection results.

7. Within fifteen days from the completion of the inspection, the inspection team shall report to the decision-maker of the inspection on the inspection results.

Article 9. Investigation and Survey of Law Enforcement Situations

1. Investigation and survey of law enforcement situations shall be carried out according to the plan for monitoring law enforcement situations when there are difficulties, obstacles, or inadequacies in practical implementation, or upon request from competent state agencies, including determining the purpose, subjects, content, location, time, and methods of conducting the investigation and survey.

2. Based on the content of the investigation and survey, the leading agency shall mobilize a team of collaborators to participate in the investigation and survey in accordance with Article 14 of this Circular.

3. The content of the investigation and survey of law enforcement situations shall be conducted in accordance with Articles 7, 8, 9, and 10 of Decree No. 59/2012/NĐ-CP and Articles 1, 2, 3, and 4 of this Circular.

4. The main subjects of the investigation and survey include:

a) Officials, civil servants, employees, and workers directly involved in organizing the enforcement of laws in the selected field of investigation and survey;

b) Organizations and individuals directly affected by the chosen legal document for investigation and survey;

c) Experts and scientists knowledgeable about the selected field of investigation and survey.

5. The investigation and survey shall be conducted through questionnaires, roundtable discussions, direct interviews, and other appropriate forms. These forms may be implemented independently or combined with other activities.

6. The investigation and survey through questionnaires shall be carried out as follows:

a) Questionnaires shall be designed with specific questions, answer options, or opinions of the respondents. The content of the questions must be clear, objective, easy to understand, easy to answer, fully reflecting the issues within the scope of the investigation and survey; ensuring the objectives of the investigation and survey; suitable for the respondents.

The questionnaire may be developed by collaborators based on the purposes of the investigation and survey,征求意见，试调查以完善问卷内容，在主要调查和调查机构决定使用之前。

b) The leading agency shall organize training for those conducting the investigation and survey on skills for collecting information through questionnaires.

Those conducting the investigation and survey shall distribute questionnaires to respondents, explain the purpose of the investigation and survey, and the content requirements so that respondents can choose their answers objectively and truthfully.

Before collecting the questionnaires, those conducting the investigation and survey shall check the questionnaires. In cases where the questionnaires have not been fully answered, they shall require respondents to provide supplementary answers.

c) The leading agency shall classify the questionnaires according to the respondents, by issue groups, and statistically analyze the responses according to each group of questions and respondent groups; compare the responses of different respondents on the same content to draw conclusions about the respondents' evaluations of the investigated and surveyed content.

7. The investigation and survey through roundtable discussions shall be carried out as follows:

a) Based on the investigation and survey plan, the leading agency shall coordinate with relevant agencies and organizations to organize roundtable discussions at the investigation and survey site to collect and compile information, observations, and assessments of the law enforcement situation, and suggestions and proposals from participating agencies, organizations, and individuals;

b) Prepare a report on the results of the roundtable discussion.

8. The investigation and survey through direct interviews shall be carried out as follows:

a) The leading agency shall select, assign, and train those conducting the investigation and survey in interview skills;

b) The leading agency shall select interviewees who are knowledgeable about the investigation and survey field, individuals directly affected by the law in the investigation and survey field, and individuals directly organizing the implementation of the law in the investigation and survey field;

c) The content of the interviews shall focus on important issues significantly impacting the law enforcement situation in the investigation and survey field;

d) Those conducting the investigation and survey shall prepare the content and questions to be discussed with the interviewees and record the interview content fully and truthfully.

9. On the basis of the results of processing questionnaires, roundtable discussions, and direct interviews, the leading agency shall compile and draft a report on the investigation and survey. The investigation and survey report must provide an objective assessment of the law enforcement situation in the field and area under investigation and survey; propose measures to enhance the effectiveness of law enforcement and improve the legal system.

The leading agency may organize roundtable discussions or seminars to share and solicit comments on the draft report of the investigation and survey results.

Article 10. Report on the Implementation of Laws

Ministries, ministerial-level agencies, government agencies, People's Committees at all levels shall report on the implementation of laws in the following cases:

1. Annual reports on the monitoring of the implementation of laws;

2. Reports on the implementation of laws within their respective fields and areas of management; thematic reports as required by the Prime Minister, the Ministry of Justice, and higher-level People's Committees;

3. Reports when discovering difficulties or inadequacies in legal provisions or when it is deemed necessary to apply measures to promptly prevent potential damages to social life;

4. Reports on the results of handling requests as required by competent state agencies.

Chapter III

COOPERATION AND ENGAGEMENT OF ORGANIZATIONS, ORGANIZATIONS,

 INDIVIDUALS IN MONITORING THE IMPLEMENTATION OF LAWS

Article 11. Cooperation in Monitoring the Implementation of Laws

Based on the specific requirements of each activity related to monitoring the implementation of laws, ministries, ministerial-level agencies, government agencies, and People's Committees at all levels shall request organizations and entities to cooperate in implementing monitoring activities according to the following contents:

1. People's Procuratorates and People's Courts provide information on the implementation of laws by agencies, organizations, and individuals through prosecution activities, judicial supervision, and trials;

2. The Vietnam Fatherland Front and its member organizations provide information and people's suggestions through supervisory activities on the implementation of laws; the Central Committee of the Vietnam Fatherland Front shall coordinate with the Ministry of Justice to propose key areas for monitoring the implementation of laws in Government resolutions on major tasks, solutions, and directives for guiding and implementing the socio-economic development plan and the State budget estimate annually;

3. The Vietnam Bar Federation, the Vietnam Lawyers Association, and lawyer associations provide opinions and suggestions from lawyers regarding legal issues related to the implementation of laws;

4. The Vietnam Chamber of Commerce and Industry and professional associations provide opinions and suggestions from businesses and members regarding the timeliness and comprehensiveness of the implementation of laws by competent state agencies; the accuracy, consistency in guidance and application of laws, and the application of laws by competent state agencies; the consistency, synchronization, and feasibility of legal documents and other related issues; coordinating with the Ministry of Justice to propose key areas for monitoring the implementation of laws in Government resolutions on major tasks, solutions, and directives for guiding and implementing the socio-economic development plan and the State budget estimate annually;

5. Mass media organizations provide public opinion feedback on the implementation of laws.

Article 12. Forms of Participation in Activities Related to Monitoring the Implementation of Laws by Organizations and Individuals

1. Political-social organizations, occupational social organizations, and other social organizations participate in activities related to monitoring the implementation of laws through the following forms:

a) Submitting written documents or using special sections on the implementation of laws on websites or online portals to reflect their own views and those of their members on the implementation of laws, proposing solutions to improve the effectiveness of law enforcement and perfecting the legal system to competent state agencies;

b) Sending representatives to participate in monitoring activities upon the request of competent state agencies;

c) Legal observers monitoring the implementation of laws shall be carried out in accordance with Article 14 of this Circular.

2. Individuals participate in activities related to monitoring the implementation of laws through the following forms:

a) Directly visiting the Citizen Reception Offices of competent state agencies; submitting written opinions or using mass media to reflect and provide information on the implementation of laws;

b) Legal observers monitoring the implementation of laws shall be carried out in accordance with Article 14 of this Circular.

Article 13. Ensuring Participation of Organizations and Individuals in Monitoring the Implementation of Laws

Ministries, ministerial-level agencies, government-affiliated agencies, and People's Committees at all levels shall create favorable conditions for organizations and individuals to participate in monitoring the implementation of laws in the following areas:

1. Directing judicial agencies to take the lead in receiving and processing information on the implementation of laws reported by organizations and individuals; maintaining a section on the situation of law enforcement on the portal or website of ministries, ministerial-level agencies, government-affiliated agencies, and People's Committees at all levels as stipulated in Article 7 of this Circular;

2. Ensuring necessary conditions for organizations and individuals to implement the mechanism of cooperation and participation of observers in monitoring the implementation of laws; encouraging and promoting socialization in activities related to monitoring the implementation of laws;

3. Awarding organizations and individuals who have made positive contributions, provided valuable information, and contributed to enhancing the effectiveness of monitoring the implementation of laws.

Article 14. Observers in Monitoring the Implementation of Laws

1. Observers are mobilized to participate in activities related to collecting and summarizing information; conducting investigations and surveys; providing opinions on the handling of results from monitoring the implementation of laws.

2. Based on specific conditions and requirements of the work of monitoring the implementation of laws, the head of the judicial agency shall advise and assist the Minister, the head of the ministerial-level agency, or the People's Committee at the same level in mobilizing the participation of organizations and individuals with expertise in the relevant field to monitor the implementation of laws.

3. Observers in monitoring the implementation of laws shall perform their duties under a time-limited contract or on a case-by-case basis.

Chapter IV

IMPLEMENTING PROVISIONS

Article 15. Effective Date

This Circular takes effect from July 1, 2014, and replaces Circular No. 03/2010/TT-BTP dated March 3, 2010, issued by the Minister of Justice guiding the implementation of work related to monitoring the enforcement of laws.

Article 16. Responsibility for Implementation

Within the scope of their jurisdiction, ministries, ministerial-level agencies, government-affiliated agencies, and People's Committees at all levels shall organize the implementation of work related to monitoring the situation of law enforcement in accordance with the provisions of this Circular./.