Decision No. 1985/2005/QD-BTP Issuing the Implementation Plan for Directive No. 29/2005/CT-TTg of the Prime Minister on the enforcement of the Civil Code.

DECISION OF THE MINISTER OF JUSTICE

Issuing the Plan to Implement Directive No. 29/2005/CT-TTg of the Prime Minister to implement the Resolution of the National Assembly on the enforcement of the Civil Code

THE MINISTER OF JUSTICE

 Pursuant to Decree No. 16/2001/NĐ-CP dated May 2, 2001 of the Government on the organization and operation of financial leasing companies;

Pursuant to Directive No. 29/2005/CT-TTg dated September 13, 2005 of the Prime Minister implementing the Resolution of the National Assembly on the enforcement of the Civil Code;

Considering the proposal of the Director of the Department of Civil and Commercial Law;

 DECISION:

 Article 1. Issuing this Decision the Plan to Implement Directive No. 29/2005/CT-TTg dated September 13, 2005 of the Prime Minister implementing the Resolution of the National Assembly on the enforcement of the Civil Code.

Article 2. This Decision takes effect fifteen days from the date of publication in the Official Gazette.

Article 3. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decision./.

PLAN

IMPLEMENTING DIRECTIVE NO. 29/2005/CT-TTg DATED SEPTEMBER 13, 2005

OF THE PRIME MINISTER TO IMPLEMENT THE RESOLUTION

OF THE NATIONAL ASSEMBLY ON THE ENFORCEMENT OF THE CIVIL CODE

(Issued together with Decision No. 1985/2005/QĐ-BTP dated November 3, 2005

of the Minister of Justice)

I. REGARDING THE REVIEW OF CURRENT CIVIL LEGAL PROVISIONS TO AMEND, SUPPLEMENT OR ABOLISH LEGAL DOCUMENTS THAT ARE NO LONGER SUITABLE AND ISSUE NEW DOCUMENTS TO IMPLEMENT THE CIVIL CODE

1. Tasks of Ministries, ministerial-level agencies, and government agencies

1.1. In accordance with Point 1, Section I of the Prime Minister's Directive, it is requested that Ministries, ministerial-level agencies, and government agencies organize the review of laws, ordinances, and government and Prime Minister's documents related to the provisions of the 2005 Civil Code within their respective areas of state management and submit them to the Ministry of Justice and the Government Office for consolidation and reporting to the Government for consideration of amendment, supplementation, abolition, issuance of new documents, or proposals to the National Assembly or the Standing Committee of the National Assembly for amendment, supplementation, abolition, or issuance of new documents within their respective authorities.

The list of civil legal documents shall classify those still in effect, those requiring amendment, supplementation, abolition, or issuance of new documents, or specific clauses requiring amendment, supplementation, abolition, or issuance of new documents. The list will be carried out according to the model attached at Appendix 1.

The results of the review by Ministries, ministerial-level agencies, and government agencies must be submitted to the Ministry of Justice and the Government Office before December 15, 2005 for consolidation and reporting to the Prime Minister.

The report should be presented in Unicode font size 14. In addition to the written report, it is requested to send a floppy disk or email to facilitate consolidation at the following address: [email protected]; attach file.

1.2. In accordance with Point 2, Section I of the Prime Minister's Directive, Ministries and ministerial-level agencies shall organize the review of documents related to civil law issued by their own agencies. Based on the results of the review, agencies shall immediately amend, supplement, abolish, or issue new documents and submit the review and handling reports to the Ministry of Justice and the Government Office before December 15, 2005 for consolidation and reporting to the Prime Minister. The list will be carried out according to the model attached at Appendix 2.

The report should be presented in Unicode font size 14. In addition to the written report, it is requested to send a floppy disk or email to facilitate consolidation at the following address: [email protected].

2. Tasks of People's Committees of provinces and centrally governed cities

2.1. In accordance with Point 3, Section I of the Prime Minister's Directive, People's Committees of provinces and centrally governed cities shall organize the review of regulations related to civil law issued by People's Councils and People's Committees at all levels within their localities.

In the list, it is necessary to classify those still in effect, those requiring amendment, supplementation, abolition, or issuance of new documents. The list will be prepared according to the model at Appendix 3.

2.2. Based on the results of the review, it is necessary to amend, abolish, or issue new documents to be consistent with the 2005 Civil Code and submit the review and handling reports to the Ministry of Justice and the Government Office before December 15, 2005 for consolidation and reporting to the Prime Minister.

The report should be presented in Unicode font size 14. In addition to the written report, it is requested to send a floppy disk or email to facilitate consolidation at the following address: [email protected].

II. REGARDING THE DEVELOPMENT OF GUIDELINES FOR THE IMPLEMENTATION OF THE CIVIL CODE

1. In accordance with Point 1, Section III of the Prime Minister's Directive, Ministries and ministerial-level agencies shall carry out the following tasks:

1.1. The Ministry of Health shall take the lead and coordinate with relevant agencies to prepare the draft Decree on the right to determine gender identity to be submitted to the Government before March 15, 2006.

1.2. The Ministry of Justice shall take the lead and coordinate with relevant agencies to prepare the draft Decree guiding measures to ensure the performance of civil obligations to be submitted to the Government before March 15, 2006.

1.3. The Ministry of Justice shall take the lead and coordinate with relevant agencies to prepare the draft Decree on hui, biêu, phường to be submitted to the Government before March 15, 2006.

1.4. The Ministry of Justice shall take the lead and coordinate with relevant agencies to prepare the draft Decree guiding the implementation of certain provisions of the Civil Code concerning civil relations involving foreign elements to be submitted to the Government before March 15, 2006.

1.5. The Ministry of Agriculture and Rural Development shall take the lead and coordinate with the Ministry of Justice, the Ministry of Planning and Investment, the Vietnam Union of Science and Technology Associations, and other relevant agencies to conduct a survey of the organization and operation of cooperative groups, report, and propose to the Prime Minister before December 15, 2005 on the issuance of appropriate legal documents to regulate the organization and operation of cooperative groups.

2. Ministries, ministerial-level agencies, and government agencies shall urgently prepare and complete legislative projects and ordinances assigned to them in the Legislative Program of the National Assembly for 2005 and subsequent years to concretize the Civil Code, ensuring quality and timely progress; including: the Real Estate Registration Law (led by the Ministry of Justice); the Intellectual Property Law (led by the Ministry of Science and Technology); the Technology Transfer Law (led by the Ministry of Science and Technology); the Ordinance on Blood Donation, Collection, and Transplantation (led by the Ministry of Health); the Security Interest Registration Ordinance (led by the Ministry of Justice); the Notarization Law (led by the Ministry of Justice), etc...

III. SPREADING, PROMOTING, AND EDUCATING ABOUT THE CIVIL CODE

To implement Section III of the Prime Minister's Directive, ministries, sectors, and localities need to carry out the following tasks:

1. The Ministry of Justice shall coordinate with the Central Committee of the Vietnam Fatherland Front, member organizations of the Vietnam Fatherland Front, the Ministry of Culture and Information, agencies, and member organizations of the Government's Working Group on Popularizing and Educating Laws, organizations for popularizing and disseminating the Civil Code through appropriate forms and measures suitable for each specific type of subject and area; particularly emphasizing the form of popularizing and educating laws through mass media.

2. The Ministry of Justice shall organize training sessions on the Civil Code for judicial officers under the Department of Justice, representatives of the People's Committee Office at provincial level, the People's Council Office at provincial level, legal departments of ministries and sectors, legal departments of state-owned enterprises, the Vietnam Bar Federation, law firms, the Vietnam Fatherland Front, and some related agencies and organizations.

3. The Ministry of Justice shall coordinate with the Supreme People's Court, the Supreme People's Procuracy, and relevant agencies and organizations to compile materials and organize training sessions on the Civil Code for judges, prosecutors, lawyers, enforcement officers, people's assessors, notaries, legal officers of ministries and sectors, and other judicial positions.

4. The Ministry of Culture and Information shall coordinate with the Central Propaganda and Ideology Commission and the Ministry of Justice to direct mass media to prioritize plans for the popularization and dissemination of the Civil Code from now until the end of 2006.

5. The People's Newspaper, Vietnam Television, Voice of Vietnam, and central and local news agencies and press organs shall regularly organize programs and special columns to introduce and explain the contents and new aspects of the Civil Code.

6. The Ministry of Education and Training shall take the lead in coordinating with the Ministry of Justice to direct the review of teaching curricula and materials of universities and colleges, and citizen education materials related to the Civil Code in vocational high schools, general secondary schools, and junior high schools to develop timely plans for supplementation and modification to align with the Civil Code; organize training for lecturers teaching law and civic education on the Civil Code; organize specialized lectures for students.

7. The Ministry of Justice shall coordinate with the Ministry of Science and Technology and other relevant agencies and organizations to implement research on certain scientific topics and scientific commentary to organize the implementation of the Civil Code.

8. The Ministry of Justice shall coordinate with the People's Councils and People's Committees of provinces and centrally-administered cities to direct and organize extensive campaigns to popularize the Civil Code among cadres and the public through practical and effective forms.

IV. IMPLEMENTATION

1. It is requested that ministries, ministerial-level agencies, and government-affiliated agencies:

* Develop sectoral plans to implement Directive No. 29/2005/CT-TTg dated September 13, 2005, of the Prime Minister;

* Assign the main responsibility to legal departments according to Decree No. 122/2004/NĐ-CP dated May 18, 2004, on the functions, tasks, powers, and organization of legal departments of ministries, ministerial-level agencies, specialized agencies under provincial People's Committees, and state-owned enterprises to coordinate with related units to implement.

2. It is requested that provincial People's Committees:

* Develop local plans aimed at implementing Directive No. 29/2005/CT-TTg dated September 13, 2005, of the Prime Minister;

* Assign the main responsibility to the Department of Justice to coordinate with specialized agencies under provincial People's Committees to implement.

3. The Ministry of Finance shall coordinate with the Ministry of Justice in November 2005 to provide guidance and develop plans to balance the budget and ensure necessary financial resources for the implementation of the Civil Code./.