Circular No. 169/2014/TT-BQP guiding the work of monitoring the implementation of laws within the scope of management under the Ministry of National Defense

CIRCULAR

Guidelines for monitoring the implementation of laws within the scope of state management of the Ministry of National Defense

state budget fundsScope of state management of the Ministry of National Defense

Pursuant to the Law on Legislative Documents of 2008;

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. 35/2013/NĐ-CP dated April 22, 2013, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Considering the proposal of the Director of the Legal Department,

The Minister of National Defense issues this Circular to guide the work of monitoring the implementation of laws within the scope of state management of the Ministry of National Defense.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the content and methods of reviewing and evaluating the activities of monitoring the implementation of laws; reporting systems, responsibilities of agencies, organizations, units under the state management responsibility of the Ministry of National Defense (hereinafter referred to collectively as agencies and units) in the work of monitoring the implementation of laws within the scope of state management of the Ministry of National Defense.

Article 2. Applicability

This Circular applies to agencies, units, and individuals related to the work of monitoring the implementation of laws within the scope of state management of the Ministry of National Defense.

Article 3. Principles of Monitoring the Implementation of Laws

The principles of monitoring the implementation of laws shall be implemented in accordance with the provisions of Article 4 of Decree No. 59/2012/ND-CP dated July 23, 2012 of the Government on monitoring the implementation of laws (hereinafter referred to as Decree No. 59/2012/ND-CP of the Government) and the following contents:

1. Accurately reflect the content, nature, and situation of the implementation of laws by agencies and units.

2. Identify key contents and focal points.

3. Combine monitoring the implementation of laws in sectors and fields with monitoring the implementation of laws at the level of each agency and unit.

4. Ensure close coordination between the leading agency and relevant agencies and units.

Article 4. Content of Monitoring the Implementation of Laws

The content of monitoring the implementation of laws within the scope of management of the Ministry of National Defense shall be carried out in accordance with the provisions of Article 7 of Decree No. 59/2012/ND-CP of the Government, based on reviewing and assessing the following contents:

1. The situation of issuing detailed regulations to implement normative legal documents such as: Timeliness, completeness of issuing detailed regulations; consistency, synchronization of documents; feasibility of documents.

2. Ensuring conditions for implementing laws: Timeliness, completeness, appropriateness, effectiveness of training, popularizing, and educating about laws; suitability of organizational structure; adequacy of human resources for implementing laws; adequacy of funding and material infrastructure to ensure the implementation of laws.

3. Compliance with laws: Timeliness, completeness in implementing laws by state agencies and persons with authority; accuracy, consistency in guiding the application of laws and applying laws by state agencies and persons with authority; degree of compliance with laws by agencies, organizations, and individuals.

Article 5. Organizations and Individuals Participating in Activities of Monitoring the Implementation of Laws Within the Scope of Management of the Ministry of National Defense

1. Political-social organizations, social-professional organizations, and other social organizations participate in activities of monitoring the implementation of laws within the scope of management of the Ministry of National Defense through the following forms:

a) Submitting documents or using the Ministry of National Defense's Electronic Information Portal to reflect opinions on the implementation of laws, propose solutions to improve the effectiveness of law enforcement and perfect the legal system within the scope of state management of the Ministry of National Defense to agencies and units of the Ministry of National Defense;

b) Sending representatives to participate in activities of monitoring the implementation of laws upon the request of the Ministry of National Defense.

2. Individuals participate in activities of monitoring the implementation of laws directly at the Citizen Reception Offices of agencies and units; submitting opinions in writing or through mass media to reflect and provide information on the implementation of laws.

3. Agencies and units have the responsibility to create favorable conditions and encourage the participation of organizations and individuals and to receive and collect information from organizations and individuals in activities of monitoring the implementation of laws within the scope of state management of the Ministry of National Defense.

4. Law Enforcement Monitoring Collaborators

a) Collaborators are mobilized to participate in activities of collecting and summarizing information; conducting surveys; participating in opinions on handling the results of monitoring the implementation of laws;

b) Based on specific conditions and requirements of the work of monitoring the implementation of laws within the scope of state management of the Ministry of National Defense, the Legal Department of the Ministry of National Defense, in collaboration with relevant agencies, will assist the Minister of National Defense in mobilizing organizations and individuals who meet the conditions to participate in activities of monitoring the implementation of laws.

c) Law enforcement monitoring collaborators operate under a time-limited contract or for specific cases.

Chapter II
METHODS OF REVIEWING AND EVALUATINGSITUATION OF LAWS

Article 6. Examination and evaluation of the timeliness and completeness of the issuance of detailed regulatory documents implementing legal normative documents within the scope of management of the Ministry of National Defense

1. Basis for assessment

a) Based on the results of reviewing laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, decisions of the President, and decrees of the Government, decisions of the Prime Minister (hereinafter referred to as the regulated documents), complete the identification of the content of the regulated documents assigned to the Ministry of National Defense to draft or for the Minister of National Defense to issue within his authority;

b) Compile a list of detailed regulatory documents, including: Decrees of the Government, decisions of the Prime Minister, circulars, joint circulars drafted primarily by the Ministry of National Defense or issued by the Minister of National Defense within his authority (hereinafter referred to as detailed regulatory documents). The list of detailed regulatory documents for laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, and decisions of the President shall be reported to the Minister of National Defense and submitted to the Ministry of Justice within fifteen working days from the date of issuance of the regulated documents. The list of detailed regulatory documents for decrees of the Government and decisions of the Prime Minister shall be submitted to the Minister of National Defense for issuance within five working days from the date of issuance of the regulated documents;

c) Draft and submit to the Minister of National Defense for issuance a plan allocating agencies and units to primarily draft and coordinate in drafting detailed regulatory documents within fifteen working days from the date of issuance of the list of detailed regulatory documents;

d) Agencies and units assigned to primarily draft detailed regulatory documents must implement according to the approved schedule and provide full content as determined in the list of detailed regulatory documents.

2. On the basis of the contents stipulated in Clause 1 of this Article, the Legal Affairs Department of the Ministry of National Defense; the Legal Affairs Office, Legal Affairs Board, legal affairs officers of agencies and units or agencies and officers assigned to perform legal affairs work (hereinafter referred to as the legal affairs organization of agencies and units) shall primarily coordinate with relevant agencies and units to advise and assist the Minister of National Defense and heads of agencies and units to implement the following contents:

a) Evaluate the timeliness and completeness of the review process, the preparation of proposed lists, and the issuance of plans to draft detailed regulatory documents issued by the Minister of National Defense or submitted for issuance by competent authorities;

b) Assess the completeness of detailed regulatory documents compared to the number of items assigned to be detailed in the regulated documents;

c) Evaluate the progress of drafting and submitting detailed regulatory documents based on comparison with the planned submission deadlines;

d) Monitor, urge, and inspect agencies and units, and advise the Minister of National Defense and heads of agencies and units to implement measures to ensure the quality and progress of drafting detailed regulatory documents;

đ) Regularly report monthly, quarterly, semi-annually, annually, and upon request of the Ministry of National Defense, the legal affairs organization of agencies and units shall report to the Ministry of National Defense (through the Legal Affairs Department) on the situation of drafting detailed regulatory documents. Reports should clearly state the progress of each document, difficulties encountered, causes, and proposed solutions;

The Legal Affairs Department shall primarily coordinate with relevant agencies and units to compile and report to the Minister of National Defense on the situation of drafting detailed regulatory documents of the Ministry of National Defense, and submit to the Ministry of Justice as prescribed.

Article 7. Review and evaluation of the consistency and synchronization of detailed implementation regulations for normative legal documents within the scope of management under the Ministry of National Defense

1. Compliance with provisions in normative legal documents of higher-level state agencies and competent state agencies at the same level.

2. Compliance with the Party’s guidelines, policies, and State’s policies.

3. Review and evaluate the content of the document

a) Effectiveness of the document: Determine whether the document remains valid, has been fully terminated, or partially terminated according to Clause 1, Article 12 of Decree No. 16/2013/ND-CP dated February 6, 2013 of the Government on reviewing and systematizing normative legal documents (hereinafter referred to as Decree No. 16/2013/ND-CP of the Government).

b) Basis for issuing the document: Identify the documents that replace, abolish, revoke, amend, or supplement the basis for issuing the detailed regulation document; identify other newly issued documents containing related provisions to the detailed regulation document.

c) Authority to issue the document: Examine the appropriateness of the authority to issue the document including formal authority and substantive authority.

d) Content of the detailed regulation document: Determine the contents of the document that contradict, overlap, or conflict with the provisions of higher-level normative legal documents and normative legal documents of specialized ministries.

In cases where different documents have different provisions on the same issue, apply the provision of the document with higher legal validity; if a single agency issues different provisions on the same issue, apply the document issued later.

4. Basic sources of information for evaluating the consistency and synchronization of detailed implementation regulations include:

a) Information from agencies and units specified in Clause 5 of this Article;

b) Results of inspection, investigation, and survey activities regarding the enforcement of laws;

c) Results of activities consolidating normative legal documents, codifying normative legal provisions, reviewing, and inspecting normative legal documents, and supervising administrative procedures;

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

5. Based on the provisions of Clause 3 of this Article, agencies and units are responsible for identifying detailed regulations with content that does not ensure consistency and synchronization; propose forms of handling and send them to the Legal Department of the Ministry of National Defense for consolidation.

6. On the basis of analyzing and synthesizing the sources of information stipulated in Clause 4 of this Article, the Legal Department of the Ministry of National Defense compiles a list of detailed regulations with content that does not ensure consistency and synchronization, reports to the Minister of National Defense for consideration to amend and supplement within their authority or to propose relevant authorities to consider and handle.

Article 8. Review and evaluation of the feasibility of detailed implementation regulations for normative legal documents within the scope of management under the Ministry of National Defense

1. Basis for assessment

a) The suitability of the provisions with economic and social conditions, the level of awareness of officers, soldiers, defense workers, and contractual laborers in agencies and units; with local cultural traditions and customs where they are stationed;

b) The suitability of the provisions with actual conditions, with the characteristics of tasks, organizational structure of agencies and units; human resources; financial resources for enforcement;

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

d) The clarity of provisions on the tasks and powers of agencies and units and procedures and processes for implementation consistent with requirements for administrative procedure reform, avoiding overlapping functions and responsibilities;

đ) The clarity and specificity of provisions for uniform understanding and correct application.

2. Basic sources of information for evaluating the feasibility of detailed implementation regulations

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

b) Information specified in points b, c, d of Clause 4 of Article 7 of this Circular.

3. Based on the provisions of Clause 1 of this Article, agencies and units are responsible for identifying detailed regulations with content that does not ensure feasibility or difficulties, obstacles, and inconveniences in practical enforcement, assess the causes, propose forms of handling, and send them to the Legal Department of the Ministry of National Defense for consolidation.

4. On the basis of analysis, synthesis, and evaluation of the sources of information stipulated in Clause 2 of this Article, the Legal Department of the Ministry of National Defense compiles a list of detailed regulations with content that does not ensure feasibility or difficulties, obstacles, and inconveniences in enforcement, reports to the Minister of National Defense for consideration to decide to amend and supplement within their authority or to propose relevant authorities to consider and handle.

Article 9. Review and assessment of the situation regarding the fulfillment of conditions for the implementation of laws within the scope of management by the Ministry of National Defense

1. The timeliness, completeness, appropriateness, and effectiveness of activities related to training and disseminating laws within the scope of management by the Ministry of National Defense

a) The responsibility of command officers and units in directing, implementing, and organizing the execution of normative legal documents and guidance documents issued by higher authorities and their own level;

b) The responsibility of the main agency assisting the Ministry in managing state affairs in researching, proposing, and implementing programs to build normative legal documents; guidance documents for implementation; organizing training, dissemination, and inspection of the implementation of these documents;

c) Determining the need for training and disseminating laws for each specific field and target group, comparing with the activities, contents, forms, and target groups of training and disseminating laws that have been carried out, including:

- The number of dissemination sessions, the number of people receiving guidance on the implementation of normative legal documents and guidance documents for the implementation of normative legal documents;

- Data on the type of document, time, and number of people trained and disseminated laws.

d) The impact of training and disseminating laws on the awareness of compliance and the level of enhancing legal knowledge among agencies, units, and individuals after being disseminated laws;

đ) Agencies and units responsible for compiling recommendations to implement measures to enhance the effectiveness of law dissemination and training work and submit them to the Legal Department of the Ministry of National Defense for monitoring and consolidation.

2. The appropriateness of organizational structure; the level of human resource availability for implementing laws within the scope of management by the Ministry of National Defense

a) The current status of organizational structure and cadre strength engaged in law enforcement work; determining the needs for organizational structure, quantity, and standards of cadres to meet the requirements of law enforcement work;

b) The number and proportion of cadres trained appropriately for their positions in agencies and units to meet the requirements of law enforcement work;

c) Comparing with the actual situation, evaluating the appropriateness of organizational structure and the level of human resource availability;

d) Difficulties and obstacles in the organizational structure and cadre strength in performing law enforcement tasks and recommendations for ensuring organizational structure, staffing, and human resources;

đ) Recommendations for ensuring organizational structure, staffing, and human resources.

3. The level of financial support, equipment, and infrastructure to ensure the implementation of laws

a) The current status and level of financial support assurance;

b) Determining the needs for financial support, equipment, and infrastructure to meet the requirements of law enforcement work;

c) Difficulties and obstacles in managing and using financial support for law enforcement work;

d) Recommendations for ensuring financial support, equipment, and infrastructure to meet the requirements of law enforcement work;

4. The Legal Department of the Ministry of National Defense shall take the lead and coordinate with the Cadre Department/Personnel and Training Department, and the Finance Department of the Ministry of National Defense to consolidate and review the recommendations stipulated in this Article, report to the Minister of National Defense for consideration and handling.

Article 10. Review and assessment of the degree of compliance with laws by agencies, units, and individuals

1. The timeliness and completeness in implementing laws by agencies, units, and persons with authority

a) Identifying and compiling a list of specific provisions in legal normative documents that have not been timely and fully implemented by state agencies and persons with authority, guidance not accurate or lacking consistency;

b) The number of decisions applying laws issued by state agencies and persons with authority that violate procedures, formalities, authority, and fail to ensure accuracy;

c) The number of common violations of laws in each specific field.

2. Accuracy and consistency in guiding the application of laws by agencies, units, and persons with authority.

a) The number of complaints due to incorrect application of laws by agencies and persons with authority;

b) The number of complaints regarding the application of laws leading to violations of individual rights and freedoms;

c) The number of administrative decisions applying laws issued in violation of procedures, formalities, and authority;

d) The number of administrative decisions applying laws issued without ensuring accuracy, affecting the legitimate rights and interests of agencies, organizations, and individuals, causing dissatisfaction within agencies, units, and society.

3. Degree of compliance with laws by agencies, units, and individuals

a) General situation regarding compliance with laws by agencies, units, and individuals;

b) The number of cases resolved promptly;

c) The number of cases resolved but subject to complaints;

d) The number of cases of violations classified by type and degree of violation;

đ) The number of corruption cases detected;

e) Data on cases of law violations due to lack of knowledge of the law;

g) Reasons for non-compliance or low levels of compliance with legal provisions.

4. Recommendations from agencies and units

a) Measures to promptly organize the implementation of legal documents that have taken effect;

b) Handling violations to ensure accuracy and consistency in guiding and applying laws; amending, supplementing, and issuing new legal normative documents;

c) Implementing other measures to enhance the effectiveness of law enforcement and improve the legal system;

d) Agencies and units shall be responsible for compiling recommendations under Points a, b, and c of this Clause and submitting them to the Legal Affairs Department of the Ministry of National Defense for consolidation.

5. The Legal Affairs Department shall analyze, review, and consolidate recommendations from agencies and units as stipulated in Clause 4 of this Article, report to the Minister of National Defense for consideration and handling within their authority or recommend relevant state agencies with authority to consider and handle.

Chapter III
MONITORING THE IMPLEMENTATION OF LAWS WITHIN THE SCOPE OF STATE MANAGEMENT OF THE MINISTRY OF NATIONAL DEFENSEUNDER THE SCOPE OF STATE MANAGEMENT OF THE MINISTRY OF NATIONAL DEFENSE

Article 11. Developing plans to monitor the implementation of laws

1. Before October 5th each year, based on the Government's Resolution on key tasks and solutions to guide the implementation of the socio-economic development plan and state budget estimates for the year, and the actual implementation of laws within the scope of state management of the Ministry of National Defense at agencies and units, agencies and units propose contents and key areas for monitoring the implementation of laws to the Ministry of National Defense (through the Legal Affairs Department) for consolidation; the Legal Affairs Department of the Ministry of National Defense shall take the lead and coordinate with related agencies and units to develop a Decision to issue a plan to monitor the implementation of laws of the Ministry of National Defense for the Minister of National Defense to consider and decide.

The plan to monitor the implementation of laws of the Ministry of National Defense identifies key areas for monitoring the implementation of laws, ensuring synchronization with the fields of administrative procedure control and legal normative document inspection within the scope of state management of the Ministry of National Defense for the year.

2. The plan to monitor the implementation of laws of the Ministry of National Defense includes the following contents:

a) Objectives and requirements;

b) Contents of monitoring the implementation of laws;

c) Composition;

d) Timeframe;

đ) Assurance work;

e) Implementation organization.

3. Based on the plan to monitor the implementation of laws of the Ministry of National Defense and the functions, tasks, and authorities assigned, the heads of agencies and units shall direct the Legal Departments of their agencies and units to take the lead and coordinate with related agencies and units to develop plans to monitor the implementation of laws of their agencies and units for submission to the heads of agencies and units for issuance, implementation, and submission to the Ministry of National Defense (through the Legal Affairs Department) for coordination, monitoring, and consolidation.

Article 12. Receiving and Processing Information on the Implementation of Laws

1. Information on the implementation of laws within the scope of state management of the Ministry of National Defense shall be collected from reports of agencies and units as prescribed in Chapter V of this Circular, including:

a) The number, form, and name of detailed regulatory documents implementing normative legal documents; the number, form, and name of delayed issued documents and reasons for delay; the number of inconsistent, non-synchronized, and low-effectiveness documents;

b) Content, form, and implementation of training and dissemination of normative legal documents; current status of organizational structure, human resources, financial conditions, and material infrastructure ensuring the implementation of laws;

c) The situation of guiding and applying laws by agencies, units, and competent authorities;

d) The situation of handling violations of laws.

2. Information on the implementation of laws within the scope of state management of the Ministry of National Defense shall be collected from mass media and information provided by organizations, individuals.

a) Organizations and individuals may provide information on the implementation of laws within the scope of state management of the Ministry of National Defense in writing or directly at the agency's reception office or through the Ministry of National Defense's electronic information website;

b) Information published on mass media and provided by organizations and individuals must be verified for authenticity before being used to assess the implementation of laws;

3. Heads of agencies and units are responsible for receiving information on the implementation of laws. The collection of information must comply with legal provisions on collecting and protecting information.

4. The Legal Department of the Ministry of National Defense, Legal Organization of agencies and units shall take the lead and coordinate with relevant agencies, units, and individuals to assist the Minister, Heads of agencies and units in verifying the authenticity of information. Information on the implementation of laws shall be used as a basis for conducting inspections, investigations, surveys on the implementation of laws as stipulated in Article 12, Article 13 of Decree No. 59/2012/ND-CP of the Government and Article 13, Article 14 of this Circular or handling the results of monitoring the implementation of laws as stipulated in Article 14 of Decree No. 59/2012/ND-CP of the Government, Article 15 of this Circular.

Article 13. Inspection of the Implementation of Laws

1. Inspections of the implementation of laws shall be carried out according to the plan for monitoring the implementation of laws of the Ministry of National Defense, agencies, and units, or when there are difficulties, obstacles, or inconsistencies in practical implementation, or upon request of competent state agencies.

2. The content of inspections of the implementation of laws within the scope of state management of the Ministry of National Defense shall be conducted as prescribed in Articles 7, 8, 9, 10 of Decree No. 59/2012/ND-CP of the Government and Articles 6, 7, 8, 9, 10 of this Circular, focusing on inspecting compliance with laws as stipulated in Article 10 of this Circular; simultaneously, linking with inspecting key contents in the field of administrative procedure control and inspecting normative legal documents determined in the annual plan of the Ministry of National Defense, agencies, and units.

3. Establishing inspection teams

a) The Legal Department shall take the lead and coordinate with related agencies to advise and propose to the Minister of National Defense to establish inter-ministerial inspection teams regarding the implementation of laws in areas related to the functions and tasks of many agencies and units, which have many difficulties, obstacles, and inconsistencies in practical implementation;

b) Based on the plan for monitoring the implementation of laws of agencies and units, the Legal Organization shall advise and propose to the Head of the agency or unit to establish inspection teams to conduct inspections and evaluate the results of law implementation within the assigned functions and tasks;

c) The decision to establish inspection teams shall clearly specify the purpose, requirements, content, work schedule, composition of the inspection team, and the composition of agencies, organizations, units, and individuals as the objects of inspection. The decision to establish inspection teams shall be notified to the inspected objects no later than seven working days before the start of the inspection.

4. Procedure and process of inspection

a) Conducted in accordance with regulations on administrative inspection;

b) Heads of agencies, organizations, and units subject to inspection shall report in writing, provide relevant information and documents concerning the inspection content; explain issues related to the inspection content;

c) The inspection team or authorized inspector shall examine, verify, and conclude on issues related to the inspection content;

d) Organize re-inspection of the content proposed by the inspection team and authorized inspector to the agency or unit (if any).

5. Handling inspection recommendations

a) During the inspection, if information requiring handling according to Article 14 of Decree No. 59/2012/ND-CP of the Government is discovered, the inspection team and authorized inspectors shall recommend that competent agencies, organizations, units, and individuals apply necessary measures to handle the inspection team's recommendations and those of the authorized inspector;

b) Within fifteen days from the date of receipt of the recommendation to handle the inspection results, the competent agency, organization, unit, or individual shall process the recommendation, and notify the result of handling the inspection team's recommendation to the person who made the inspection decision;

c) If there is disagreement with the handling result or no response is received, the person who made the inspection decision shall send the recommendation for handling to the immediate superior of the competent agency, organization, unit, or individual responsible for handling the inspection results.

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

Article 14. 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 of the Ministry of National Defense, of agencies or units, or when there are difficulties, obstacles, or inadequacies in enforcement, or upon the proposal of competent state agencies, including determining the purpose, subjects, content, units, time, and methods of conducting the investigation and survey.

2. The content of the investigation and survey of law enforcement situations shall be conducted in accordance with the provisions of Articles 7, 8, 9, and 10 of Decree No. 59/2012/NĐ-CP of the Government and Articles 6, 7, 8, 9, and 10 of this Circular.

3. Subjects of the investigation and survey include:

a) Officers, professional soldiers, non-commissioned officers, conscripts, defense civil servants, and workers directly related to organizing the enforcement of laws in the selected field of investigation and survey;

b) Agencies, organizations, units, 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.

4. The investigation and survey shall be conducted through questionnaires, roundtable discussions, direct interviews, and other appropriate forms.

These forms of investigation and survey may be implemented independently or combined and integrated with other activities.

5. Investigation and survey through questionnaires shall be conducted as follows:

a) Questionnaires shall be designed with specific questions, answer options, or opinions of the surveyed subjects. 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 purpose of the investigation and survey; suitable for the respondents.

The questionnaire shall be developed by the agency, unit, or collaborator conducting the investigation and survey based on the purpose of the investigation and survey, and shall be reviewed for comments and tested before being finalized for use by the main agency or unit responsible for the investigation and survey.

b) The agency, organization, or unit primarily responsible for the investigation and survey 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, content, and requirements of the investigation and survey, allowing respondents to choose their answers objectively and truthfully.

Before collecting the questionnaires, those conducting the investigation and survey shall check the questionnaires; if the questionnaires have not been fully answered, they shall request supplementary responses.

c) The agency or unit primarily responsible for the investigation and survey shall classify the questionnaires according to the respondents, by issue groups, and compile the results of responses according to each group of questions and respondent groups.

d) Compare the responses from different subjects regarding the same content to draw conclusions about the respondents' evaluations of the investigated and surveyed content.

đ) Summarize the survey results.

6. Investigation and survey through roundtable discussions shall be conducted as follows:

a) Based on the investigation and survey plan, the primary agency, organization, or unit, in coordination with relevant agencies, organizations, and units, shall organize roundtable discussions at the investigation and survey site to collect, consolidate information, observations, and assessments of the law enforcement situation, and recommendations and proposals from participating agencies, organizations, and individuals.

b) Develop a report summarizing the roundtable discussion results.

7. Investigation and survey through direct interviews shall be conducted as follows:

a) The primary agency, organization, or unit conducting the investigation and survey shall select, assign, and train individuals conducting the investigation and survey in interview skills.

b) The primary agency, organization, or unit conducting the investigation and survey shall select individuals to be interviewed 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 interview shall focus on important issues significantly impacting the law enforcement situation in the investigation and survey field.

d) Individuals conducting the investigation and survey must prepare the content and questions to discuss with the interviewees and record the interview content thoroughly and truthfully.

8. On the basis of the results of processing questionnaires, roundtable discussions, and direct interviews, the primary agency or unit conducting the investigation and survey 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 where the investigation and survey were conducted; propose measures to enhance the effectiveness of law enforcement and improve the legal system.

The primary agency or unit conducting the investigation and survey may organize roundtable discussions or seminars to share and seek comments on the draft report of the investigation and survey results.

9. The Legal Affairs Department shall take the lead and coordinate with relevant agencies and units to assist the Minister of National Defense in drafting plans for investigating and surveying law enforcement situations based on proposals from agencies and units or requests from higher-level state agencies for specific fields.

10. The content of the Plan for Investigating and Surveying Law Enforcement Situations includes the following basic elements:

a) Objectives and requirements;

b) Content of the investigation and survey;

c) Composition;

d) Time for conducting the investigation and survey;

đ) Assurance work;

e) Implementation organization.

11. The agency or unit proposing the plan for investigating and surveying law enforcement situations shall take the lead and coordinate with the Legal Affairs Department of the Ministry of National Defense and relevant agencies, organizations, and units to conduct investigations and surveys according to the Ministry of National Defense's plan and the requirements of higher-level state agencies concerning the field under its management.

12. Within seven working days from the end of the investigation and survey, the primary agency or unit conducting the investigation and survey shall report the results to the Ministry of National Defense, with the report providing objective assessments of the law enforcement situation in the field and area where the investigation and survey were conducted; proposing measures to enhance the effectiveness of law enforcement and improve the legal system under the Ministry of National Defense's administrative jurisdiction.

Article 15. Handling the Results of Monitoring the Implementation of Laws

1. Based on the results of information collection, inspection, investigation, and survey of the situation of law implementation within the scope of state management of the Ministry of National Defense, agencies and units shall handle according to their authority or propose to competent agencies or individuals to handle the results of monitoring the implementation of laws in accordance with the following contents:

a) Timely and fully promulgating detailed regulations implementing normative legal documents of higher-level state agencies and competent state agencies at the same level;

b) Implementing measures to enhance the effectiveness of legal training and dissemination activities; ensuring organizational structure, staffing, funding, and other conditions for the implementation of laws within the scope of state management of the Ministry of National Defense;

c) Promptly organizing the implementation of normative legal documents within the scope of state management of the Ministry of National Defense that have taken effect;

d) Implementing measures to ensure accuracy and consistency in guiding and applying laws within the scope of state management of the Ministry of National Defense;

đ) Amending, supplementing, and promulgating new normative legal documents within the scope of state management of the Ministry of National Defense;

e) Implementing other measures to enhance the effectiveness of law implementation and improve the legal system within the scope of state management of the Ministry of National Defense.

2. The Ministry of National Defense is responsible for handling the results of monitoring the situation of law implementation within the scope of its state management based on the proposals of the Ministry of Justice or ministries and ministerial-level agencies within their respective sectors and fields under their management.

Agencies and units are responsible for handling the results of monitoring the situation of law implementation within the scope of state management of the Ministry of National Defense according to the requirements of the state management agency in charge of the sector or field under the Ministry of National Defense.

Chapter IV
RESPONSIBILITIES OF AGENCIES, UNITS AND INDIVIDUALS IN MONITORING THE IMPLEMENTATION OF LAWS TRONG VIỆC THEO DÕI TÌNH HÌNH THI HÀNH PHÁP LUẬT

Article 16. Agencies and Units

1. Agencies and units with functions assisting the Minister in performing state management tasks in their respective sectors and fields shall take the lead in monitoring the situation of law implementation within their own agencies and units and in their respective sectors and fields according to their assigned functions and tasks.

2. Commanders of agencies and units with functions assisting the Minister in performing state management tasks in their respective sectors and fields are responsible before the Minister of National Defense and their immediate superiors for monitoring the situation of law implementation in the areas managed by their agencies and units and within their own agencies and units, specifically:

a) Taking the lead and coordinating with the Legal Affairs Department and related agencies and units to monitor the situation of law implementation in the assigned sectors and fields;

b) Taking the lead in implementing the plan to monitor the situation of law implementation as stipulated in Clause 3, Article 11; the plan to investigate and survey the situation of law implementation as stipulated in Article 14; and coordinating in implementing inspections of the situation of law implementation as stipulated in Article 13 of this Circular;

c) Monitoring the situation of law implementation based on information about the situation of law implementation provided by agencies, units, and individuals;

d) Implementing the reporting system on the situation of law implementation as stipulated in Chapter V of this Circular;

đ) Directing the Legal System Organization of the agency or unit to implement the work of monitoring the situation of law implementation as stipulated in this Circular.

3. Military Region Command monitors the situation of law implementation within the scope of state management of the Ministry of National Defense in localities within the military region through the Provincial Military Commands under its jurisdiction; advising and assisting the Ministry of National Defense in the work of monitoring the situation of law implementation within the scope of state management of the Ministry of National Defense in the military region.

4. Border Guard Command monitors the situation of law implementation in border management and protection, maintaining political security and social order and safety in border areas through the Provincial Border Guard Commands and functional agencies under its jurisdiction; advising and assisting the Ministry of National Defense in the work of monitoring the situation of law implementation within the scope of state management of the Ministry of National Defense.

5. Coast Guard Command monitors the situation of law implementation in managing national security, order, and safety in maritime zones and continental shelves; advising and assisting the Ministry of National Defense in the work of monitoring the situation of law implementation within the scope of state management of the Ministry of National Defense.

6. Government Cryptographic Office

a) Taking the lead and coordinating with related agencies and units to monitor the situation of law implementation; investigating and surveying the situation of law implementation; and coordinating in implementing inspections of the situation of law implementation in the cryptographic sector and field.

b) Summarizing the results of monitoring the situation of law implementation in the cryptographic sector and field and reporting to the Minister of National Defense as stipulated in Chapter V of this Circular.

Article 17. The Legal Affairs Department of the Ministry of National Defense

Shall take the lead and coordinate with relevant agencies and units to assist the Minister in implementing tasks to monitor the implementation of laws within the scope of state management of the Ministry of National Defense specifically:

1. Assist the Minister of National Defense in directing agencies and units to implement tasks to monitor the implementation of laws within the scope of state management of the Ministry of National Defense.

2. Guide, urge, and inspect agencies and units to implement tasks to monitor the implementation of laws within the Ministry of National Defense.

3. Take the lead and coordinate with relevant agencies and units to develop plans and conduct investigations, surveys, and inspections on the implementation of laws within the Ministry of National Defense.

4. Receive, compile, evaluate, and handle information about the implementation of laws provided by agencies, units, and individuals.

5. Coordinate with relevant agencies and units to implement tasks to monitor the implementation of laws for sectors and fields assigned by the Ministry of National Defense.

6. Organize training and enhance skills for the implementation of tasks to monitor the implementation of laws for agencies and units.

7. Take the lead and coordinate with relevant agencies and units to develop reports on the implementation of laws within the scope of state management of the Ministry of National Defense to report to the Minister of National Defense and submit to the Ministry of Justice for consolidation and reporting to the Government as prescribed.

Article 18. Legal Affairs Organizations and Legal Officers of Agencies and Units

1. Take the lead and coordinate with relevant agencies and units to assist the Head of the agency or unit in implementing tasks to monitor the implementation of laws within the scope of functions and tasks assigned.

2. Guide and urge agencies and units to implement tasks to monitor the implementation of laws within the agency or unit.

3. Take the lead and coordinate with relevant agencies and units to develop plans and conduct investigations, surveys, and inspections on the implementation of laws of the agency or unit.

4. Receive, compile, evaluate, and handle information about the implementation of laws provided by agencies, units, and individuals.

5. Coordinate with relevant agencies and units to implement tasks to monitor the implementation of laws for sectors and fields assigned by the Ministry of National Defense.

6. Organize training and enhance skills for the implementation of tasks to monitor the implementation of laws for agencies and units.

7. Take the lead and coordinate with relevant agencies and units to develop reports on the implementation of laws within the scope of functions and tasks assigned to the agency or unit, and report as prescribed.

Article 19. Military Agencies at Various Levels

1. The People's Militia Command of Ministries, Departments, Agencies, and Organizations at the Central level shall be responsible for monitoring, reviewing, and evaluating the implementation of laws within the scope of state management of the Ministry of National Defense, and report to the Ministry of National Defense for consolidation and reporting to the Government as prescribed.

2. The Provincial People's Militia Command shall be responsible for monitoring the implementation of laws within the scope of state management of the Ministry of National Defense in their locality; coordinate with the Department of Justice, assist the Provincial People's Committee in implementing tasks to monitor the implementation of laws within the scope of state management of the Ministry of National Defense; advise and assist the Regional Military Command in implementing tasks to monitor the implementation of laws within the scope of state management of the Ministry of National Defense in their jurisdiction.

3. The Provincial Border Guard Command shall be responsible for monitoring the implementation of laws related to the functions and tasks of managing and protecting the national border, maintaining political security, and social order and safety in border areas; coordinate with the Department of Justice to advise and assist the Provincial People's Committee and the Border Guard Command in implementing tasks to monitor the implementation of laws within the scope of state management of the Ministry of National Defense in their jurisdiction.

4. The Provincial People's Militia Command and the Provincial Border Guard Command shall assign Legal Affairs Organizations and personnel engaged in legal work to implement tasks to monitor the implementation of laws at their units; take the lead and coordinate with relevant entities to advise and assist the Heads of units in implementing tasks to monitor the implementation of laws in the management field of their units as prescribed in this Circular; report to the Regional Military Command, the Border Guard Command, and the Department of Justice for consolidation and reporting as prescribed.

Chapter V
REPORT ON THE IMPLEMENTATION OF LAWS

Article 20. Annual Reports

1. The Ministry of National Defense shall report on the implementation of laws within its jurisdiction to the Ministry of Justice for consolidation and submission to the Government before October 15 each year.

2. Agencies and units shall report on the implementation of laws in their respective sectors and fields, as well as the implementation of laws by their own agencies and units, to the Ministry of National Defense (through the Legal Department of the Ministry of National Defense) for consolidation and submission to the Minister before October 5 each year.

3. The content of annual reports on the implementation of laws by agencies and units shall be based on the provisions set out in Articles 6, 7, 8, 9, and 10, and according to the format of the Report issued together with this Circular.

4. The reporting period for the annual report runs from October 1 of the previous year to September 30 of the year in which the report is made.

Article 21. Special Reports

Based on the Program of Work and Supervision Plan of the National Assembly; the Key Program of Work of the Government; the orientation of the Ministry of Justice and the practical implementation of laws, the Ministry of National Defense shall determine certain key areas for agencies and units to prepare special reports on the implementation of laws.

Article 22. Ad hoc Reports

Agencies and units shall submit ad hoc reports on the implementation of laws in the following cases:

1. At the request of the Ministry of National Defense.

2. When discovering difficulties or inconsistencies in legal regulations or when it is deemed necessary to apply certain measures to promptly prevent potential losses.

Chapter VI
IMPLEMENTING PROVISIONS

Article 23. Funding Implementation

The funding for monitoring the implementation of laws by agencies and units shall be guaranteed in the annual budget of the agencies and units and other funds provided by the State and the Ministry of National Defense for legal affairs activities.

Each year, agencies and units shall base their budget estimates for monitoring the implementation of laws on the volume of work within their functions, duties, and powers, and incorporate these into their overall budgets, managing, using, and settling accounts in accordance with current regulations of the State and the Ministry of National Defense.

Article 24. Effective Date

This Circular takes effect from January 26, 2015.

Article 25. Responsibilities for Implementation

1. Heads of agencies and units, Directors of the Legal Department of the Ministry of National Defense, and individuals concerned are responsible for implementing this Circular.

2. The Director of the Legal Department of the Ministry of National Defense is responsible for supervising, urging, and organizing the implementation of this Circular.

3. In the course of implementation, if there are any difficulties, agencies and units are requested to reflect them to the Ministry of National Defense (through the Legal Department) for study and resolution./.

REPORT

Situation of Law Enforcement of …

I. SITUATION OF MONITORING LAW ENFORCEMENT ACTIVITIES

1. Monitoring law enforcement activities that have been carried out (areas where inspections, investigations, surveys were conducted; scope, methods of inspection, investigation, survey).

2. Activities of collecting and processing information on the situation of law enforcement (sources of received information; processing, analyzing, and evaluating information).

II. SITUATION OF LAW ENFORCEMENT

1. Situation of issuing detailed regulations to implement normative legal documents

a) Quantity, form, and name of detailed regulations to implement normative legal documents; quantity, form, and name of delayed regulations and reasons for delay; quantity, form, and name of regulations with inconsistent, non-synchronized content and low feasibility.

b) Regulations that need to be detailed and guided in implementation.

2. Situation of ensuring conditions for law enforcement

a) Situation of conducting legal dissemination and training (contents and forms of dissemination and training implemented, target groups of dissemination and training). Evaluation of the timeliness, completeness, appropriateness, and effectiveness of legal dissemination and training activities.

b) Current status of organizational structure and human resources to ensure law enforcement activities. Evaluation of the suitability of organizational structures; level of human resource availability compared to law enforcement requirements.

c) Current status of financial, equipment, and infrastructure support for law enforcement. Evaluation of the adequacy of financial and infrastructure support for law enforcement.

3. Compliance with laws

a) Situation of law enforcement by agencies, units, and authorized persons (regulations not timely and fully enforced by agencies, units, and authorized persons).

b) Guidance on application: laws, situation of applying laws by agencies, units, and authorized persons (inaccurate and inconsistent guidance on application of regulations by agencies, units, and authorized persons; specific cases inaccurately and inconsistently applied by agencies, units, and authorized persons).

c) Compliance with laws by agencies, units, and individuals

- Situation of detecting and handling violations of laws (based on the results of law application activities by agencies, units, and authorized persons, specifically detailing the number of detected and handled violations, including criminal, administrative, etc., violations; number of violations detected but not yet handled).

- Common violations of laws (specifically detailing legal provisions with many violations, while noting new types of violations emerging during different periods).

- Evaluation of the causes of law violation situations and handling of violations (causes due to inadequacies in the content and form of laws, procedures, and processes; due to awareness and compliance with laws by enforcement subjects; due to organization of law enforcement; due to supporting conditions such as human resources, finance; due to urging, inspection, audit, handling of violations, and other causes).

III. RECOMMENDATIONS, PETITIONS

1. Issue promptly and fully all implementing regulations for normative legal documents.

2. Implement measures to enhance the effectiveness of legal training and dissemination activities; ensure organizational structure, staffing, funding, and other conditions necessary for the enforcement of laws.

3. Promptly organize the implementation of normative legal documents that have taken effect.

4. Implement measures to ensure accuracy and consistency in the guidance on the application of laws and in the application of laws.

5. Amend, supplement, and issue new normative legal documents.

6. Implement measures to enhance the effectiveness of law enforcement and improve the legal system within the scope of management under the Ministry of National Defense./.

 

 

SOME REMARKS: Special reports shall be conducted according to the report template provided; emergency reports shall be carried out based on specific requirements.