Circular No. 20/2013/TT-BTP guiding certain contents regarding the statistical activities of the Justice Sector

CIRCULAR

Guidelines on Certain Aspects of Statistical Activities of the Justice Sector

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Pursuant to the Statistics Law 2003;

Pursuant to the Decree No. 40/2004/NĐ-CP dated February 13, 2004 of the Government detailing and guiding the implementation of certain provisions of the Law on Statistics;

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;

Pursuant to Decree No. 03/2010/NĐ-CP dated January 13, 2010 of the Government on the tasks, powers, and organization of statistics for ministries, ministerial-level agencies, and government agencies;

Pursuant to Decision No. 43/2010/QD-TTg dated June 2, 2010 of the Government Chairman promulgating the National Statistical Indicators System;

Pursuant to Decision No. 34/2013/QD-TTg dated June 4, 2013 of the Government Chairman promulgating the State Statistical Information Dissemination Policy;

The Minister of Justice issues this Circular guiding certain aspects of statistical activities of the Justice Sector.

PART I

GENERAL PROVISIONS

Article 1. Scope of application

Article 1. This Circular guides the reporting system for statistics; statistical surveys; publication, dissemination, and utilization of statistical information; inspection of the implementation of statistical work of the Justice Sector within the scope of functions and tasks of the Ministry of Justice as prescribed by law.

2. Statistical activities within the scope regulated by this Circular shall be carried out in the following fields:

a) Legislative drafting;

b) Legal document verification;

c) Legal document review;

d) Administrative procedure control;

e) Popularizing and educating the law;

f) Mediation at the grassroots level;

g) Civil status;

h) Citizenship;

i) Authentication;

k) Criminal record;

l) Adoption;

m) Legal aid;

n) State compensation;

o) Security interest registration;

p) Lawyers;

q) Notarization;

r) Forensic appraisal;

s) Judicial auction;

t) Commercial arbitration;

t) Legal regulations;

v) Mutual legal assistance.

Article 2. Applicability

1. Organizations under and affiliated with the Ministry of Justice (hereinafter referred to collectively as units under the Ministry);

2. Ministries, ministerial-level agencies, and government agencies;

3. People's Committees at all levels;

4. Departments of Justice and other relevant specialized agencies under provincial People's Committees;

5. Justice Offices and other relevant specialized agencies under district People's Committees;

6. Organizations practicing lawyer and notary professions;

7. Organizations conducting asset auctions and judicial appraisals;

8. Organizations registering secured transactions;

9. Organizations providing legal aid;

10. Diplomatic missions, consular offices, or other agencies authorized to perform consular functions of Vietnam abroad (hereinafter referred to collectively as Vietnamese representative offices abroad);

11. Other agencies and organizations related as prescribed by law.

Article 3. Statistical Information

1. Statistical information of the Justice Sector includes statistical data and analyses thereof, collected to serve management, guidance, operation, and policy formulation activities of the Ministry of Justice; to serve the collection and compilation of data based on the National Statistical Indicator System within the responsibility of the Ministry of Justice, and to contribute to serving societal needs as prescribed by law.

2. Statistical information of the Justice Sector is collected through the following methods:

a) Statistical reports;

b) Statistical surveys;

c) Other methods prescribed by law.

3. Statistical reports include basic statistical reports and consolidated statistical reports. Each type of report includes regular statistical reports and ad hoc statistical reports.

4. Statistical surveys include planned surveys and ad hoc surveys.

Chapter II

STATISTICAL REPORTING SYSTEM

Section I

GENERAL PROVISIONS ON THE REPORTING SYSTEM FOR STATISTICS

Article 4. On the format of statistical reports

1. Statistical reports of the Justice Sector are mainly implemented in the form of statistical report forms, including specific information about the name of the statistical report form; the name of the agency or organization implementing the report and receiving the report (hereinafter referred to as the reporting unit and receiving unit); the reporting period; the content of the report; the unit of measurement; the date of report preparation; the name and signature of the person preparing the report form, the person checking the form; the name and signature of the head of the agency or organization reporting, stamped according to regulations, and other relevant contents.

2. In cases where it is necessary to clarify more information related to the figures mentioned in the statistical reports and other relevant information related to the implementation of the reporting system for statistics prescribed in this Circular, the reporting unit may supplement explanatory sections (annotations) in one or a combination of the following ways:

a) Recording directly at the final position outside the statistical report form frame, above the section of signatures specified in Clause 1 of this Article (in case the annotation content is not much);

b) Displayed in the form of a Letter (according to the detailed model prescribed in Appendix III attached to this Circular).

ARTICLE 5. FORM OF REPORTS

Statistical reports are carried out in the form of paper documents or electronic documents.

1. Paper-based reports must have the signature and stamp confirmation of the Head of the agency or organization implementing the reporting system; sent via postal service or delivered directly.

2. Electronic document reports must be verified by digital signature as prescribed by law.

3. In addition to the reporting formats prescribed in Clauses 1 and 2 of this Article, other reporting formats only have reference value for the receiving unit.

Article 6. Periodic Statistical Reports

1. Regular statistical reports are prepared annually according to the semi-annual and annual periods as stipulated in the statistical report forms issued together with this Circular.

a) The semi-annual reporting period runs from January 1 to June 30 each year, including actual statistical data and estimated statistical data.

Actual statistical data are taken from January 1 to April 30 each year (the actual data cut-off date); estimated statistical data are taken from May 1 to June 30 each year.

b) The annual reporting period

The annual reporting period is conducted twice a year, including:

- First annual report: The data collection period is from January 1 to December 31 each year, including actual statistical data and estimated statistical data.

Actual statistical data are taken from January 1 to October 31 each year (the actual data cut-off date); estimated statistical data are taken from November 1 to December 31 each year.

- Official annual report: The data collection period is from January 1 to December 31 each year (the actual data cut-off date).

2. Reporting deadlines

a) The deadline for regular statistical reports of each reporting level is specifically stipulated in the upper left corner of each statistical report form according to the following principle:

- For semi-annual reports and first annual reports:

The deadline for preparing basic statistical reports does not exceed eight days from the actual data cut-off date in the reporting period as stipulated in Clause 1 of this Article.

The deadline for receiving consolidated statistical reports is not more than twelve days apart for each reporting level.

- For official annual reports:

The deadline for preparing basic statistical reports does not exceed twenty days from the actual data cut-off date in the reporting period as stipulated in Clause 1 of this Article.

The deadline for receiving consolidated statistical reports is not more than thirty days apart for each reporting level.

b) The deadline for receiving consolidated statistical reports of the Ministry of Justice (Department of Planning and Finance) is not more than thirty-two days from the actual data cut-off date in the reporting period, specifically:

Semi-annual statistical report: no later than June 2 each year;

First annual statistical report: no later than December 2 each year;

As for the official annual statistical report: no later than March 15 of the year following the reporting year.

c) For the field of administrative procedure control, the deadline for receiving reports from the Ministry of Justice (Planning-Finance Department) shall not exceed 44 days from the date of finalizing actual data in the reporting period, specifically:

The six-month statistical report: no later than June 14 each year;

The annual statistical report submitted once: no later than December 14 each year;

The official annual statistical report: no later than March 25 each year.

d) In cases where the deadlines for submitting statistical reports coincide with weekly holidays or statutory public holidays, the deadline for receiving periodic statistical reports will be extended to the next working day after the holiday.

3. Estimating statistical figures

a) Estimation of statistical figures is carried out during the six-month reporting period and the annual reporting period submitted once.

b) The method of estimating statistical figures is implemented according to detailed guidelines set forth in Appendix IV attached to this Circular.

4. Scope of report content

a) Annually, based on regulations regarding periodic statistical reporting systems and accompanying forms in this Circular, taking into account management needs, directives, and operational guidance, the Ministry of Justice will issue specific guidance on the scope and content of the six-month periodic statistical report and the first annual report to serve the mid-term and final reviews of judicial work.

b) The scope of the official annual report is fully implemented according to the forms issued together with this Circular.

Article 7. Special Statistical Reports

1. An ad hoc statistical report is conducted to assist the Ministry of Justice in collecting and summarizing information beyond that collected and summarized under the regular statistical reporting system stipulated in this Circular.

2. Special Statistical Reports are carried out upon a written request signed by the leadership of the Ministry of Justice.

The structure, content, methods, deadlines for reporting, data collection points, deadlines for ad hoc statistical reports, places to submit reports, and other related matters are specified in the document issued by the competent authority requesting the report.

Article 8. Responsibilities of agencies and organizations implementing and receiving reports

1. Responsibilities of the reporting unit

a) Recording, compiling statistics, preparing and submitting truthful, accurate, complete, and timely reports in accordance with the law and this Circular; bearing legal responsibility for the contents of the reports;

b) Self-inspecting compliance with statistical laws concerning statistical information within their jurisdiction to promptly correct, supplement, and adjust any errors, omissions, or inaccuracies in statistical reports. Adjusting or supplementing necessary information related to statistical reports upon request from the receiving unit.

The head of the reporting unit is responsible for assigning personnel to check statistical forms to conduct self-inspection of the format and content of statistical reports before signing and sending them to the competent authority.

c) Fulfill other responsibilities as prescribed by laws on statistics and this Circular.

2. Responsibilities of the receiving unit

a) Checking, comparing, processing, and consolidating statistical information from received statistical reports according to their jurisdiction to compile comprehensive statistical reports.

b) Promptly requesting the agency responsible for statistical reporting to correct, supplement, and adjust any errors, omissions, or need to reconfirm the accuracy of the information in the statistical report content.

c) When necessary, coordinating with relevant agencies and organizations to verify statistical information received or relying on other official sources obtained within their state management authority to supplement and adjust statistical data collected to ensure the accuracy, comprehensiveness, truthfulness, and objectivity of statistical information within their consolidation responsibility.

d) Submit comprehensive statistical reports on time to levels using statistical information as prescribed by law.

e) Fulfill other responsibilities as prescribed by statistical laws and this Circular.

Article 9. Adjusting and Supplementing Statistical Information

1. Adjusting and supplementing statistical information is applied when statistical figures in the written statistical report are incomplete or fail to ensure accuracy and reasonableness.

2. Adjusting and supplementing statistical reports are carried out in the form of paper documents or electronic documents as prescribed in Clause 1 and 2 of Article 5 of this Circular, including the date of preparation of the report and signatures and stamps of the head of the unit preparing the statistical report.

3. If the reporting unit does not proceed with or fails to promptly adjust and supplement statistical information as requested by the receiving unit, that part of the information in the consolidated comprehensive statistical report will be left blank and must be clearly noted in the report of the receiving unit.

Article 10. Inspection of Statistical Work

1. Scope of Content to be Inspected

a) Inspecting compliance with laws on statistics;

b) Inspecting compliance with statistical reporting systems;

c) Inspecting other contents related to statistical work management within the assigned scope.

2. Forms of Inspection:

a) Periodic inspection;

b) Spot inspection.

Clause 3. Periodic inspection of statistical work shall be carried out based on a plan approved by the competent authority in the form of an independent plan or integrated into the inspection plan for judicial work of the agency or organization, and this plan must be notified to the inspected agency or organization at least 15 days before the inspection takes place.

Clause 4. Unscheduled inspection of statistical work shall be carried out based on the decision of the competent authority based on management needs, directives, and operational requirements of the agency or organization.

PART II

STATISTICAL REPORTING SYSTEM

Article 11. Scope of Statistics

Agencies and organizations implementing the basic statistical reporting system, within their functions and tasks, collect statistical information from vouchers and initial data recording books to serve sectoral management and to gather and compile national statistical indicators assigned according to the law.

Article 12. Agencies and Organizations Implementing Basic Statistical Reporting System

1. People's Committee of communes;

2. Specialized agencies under the People's Committee of districts and provinces;

3. Notary public organizations, lawyer organizations; property auction organizations, forensic appraisal organizations;

4. Registration organizations for security transactions;

5. Legal aid centers; Law firms, Law companies, and Legal counseling centers that have registered to participate in legal aid;

6. Vietnamese representative offices abroad;

7. Ministries, ministerial-level agencies, and government agencies;

8. Other agencies and organizations responsible for reporting to the Ministry of Justice as prescribed by law.

Article 13. Agencies and Organizations Receiving Basic Statistical Reports

1. People's Committee of districts (Justice Office);

2. People's Committee of provinces (Department of Justice);

3. Ministry of Justice (Planning and Finance Department);

4. Other agencies and organizations responsible for compiling basic statistical information to report to the Ministry of Justice as prescribed by law.

Article 14. Forms for Basic Statistical Reports

The forms for basic statistical reports of the Justice Sector to collect statistical information in the fields specified in Clause 2, Article 1 of this Circular.

The list of forms for basic statistical reports of the Justice Sector is listed in Part A, Appendix I issued together with this Circular.

Section III

COMBINED STATISTICAL REPORTING SYSTEM

Article 15. Scope of Statistics

Agencies and organizations implementing combined statistical reporting systems, within their functions and tasks, collect and compile various statistical information from basic statistical reports, results of statistical surveys, and relevant information sources of other agencies and organizations according to the law and this Circular to serve sectoral management and to gather and compile national statistical indicators assigned according to the law.

Article 16. Agencies and Organizations Implementing Combined Statistical Reporting Systems

1. People's Committee of districts;

2. Departments of Justice;

3. Other agencies and organizations responsible for reporting to the Ministry of Justice as prescribed by law.

Article 17. Agencies and Organizations Receiving Combined Statistical Reports

1. People's Committee of provinces (Department of Justice);

2. Ministry of Justice (Planning and Finance Department);

3. Ministries, ministerial-level agencies, and government agencies;

4. Other agencies and organizations responsible for compiling statistical information to report to the Ministry of Justice as prescribed by law.

Article 18. Statistical Report Forms

The statistical report forms of the Justice Sector to collect statistical information in the fields prescribed in Clause 2, Article 1 of this Circular, except for the field of criminal records.

The list of statistical report forms (including basic statistical reports - consolidated) is listed in Part B of Appendix I attached to this Circular.

            Article 19. Responsibilities for receiving, processing, consolidating, and analyzing statistical reports of the Ministry of Justice

1. The Planning and Finance Department of the Ministry of Justice is the focal point for receiving statistical reports sent to the Ministry of Justice as prescribed in this Circular, and is responsible for:

a) Urging units to submit statistical reports to the Ministry of Justice within the reporting period specified in Clause 2, Article 6 of this Circular;

b) Timely and fully classifying and transferring statistical reports to relevant units under the Ministry of Justice;

c) Urging and inspecting the results of the processing of statistical reports submitted by units under the Ministry;

d) Leading and coordinating with the Ministry's Office and related units under the Ministry to guide the implementation of the reporting system as prescribed in Clauses 3 and 4, Article 6 of this Circular; analyzing and consolidating key statistical information to serve the timely mid-year and year-end reviews of the sector's work;

đ) Organizing the compilation of the Ministry of Justice's consolidated statistical report and submitting it to the General Statistics Office in accordance with the law.

2. Units under the Ministry of Justice shall be responsible for:

a) Consolidating and analyzing statistical reports to serve the regular management activities of the sector within the scope of the defined areas, and sending the results of processing and consolidating complete, accurate, and timely statistical information to the Planning and Finance Department;

b) Cooperating with the Planning and Finance Department and the Ministry's Office in compiling statistical information to serve the guidance and management activities, mid-year and year-end reviews of judicial work, and the preparation of comprehensive statistical reports of the Ministry.

Chapter III

STATISTICAL INVESTIGATION

Article 20. Scope of Statistical Surveys and Authority to Decide on Statistical Surveys

1. Statistical surveys of the Justice Sector are conducted to collect statistical information in the following cases:

a) The Ministry of Justice is assigned to conduct surveys under the national statistical survey program;

b) Statistical surveys to collect information on indicators serving the management needs of the Ministry and the Justice Sector that are not included in the national statistical indicator system;

c) Statistical surveys to supplement information from organizations implementing the reporting system;

d) Statistical surveys to collect statistical information when there is an urgent need.

2. The Minister of Justice decides on the statistical surveys prescribed in Clause 1 of this Article.

Article 21. Planned Statistical Surveys

1. Planned statistical surveys are a method of collecting statistical information according to a survey plan established beforehand, which has been approved by the Minister of Justice or the competent authority.

2. Based on annual work requirements, units under the Ministry propose plans for statistical surveys for the year and annually send them to the Planning and Finance Department for consolidation and the establishment of the Ministry's overall survey plan, which is then reported to the Ministry's leadership for consideration and decision.

3. The planned statistical survey of units includes the following main contents: Names of surveys, survey content, survey methods, survey periods and times, conducting agencies (lead agency, cooperating agency), and budget estimates to ensure implementation.

Annually, the Planning and Finance Department is responsible for guiding units under the Ministry in establishing plans for statistical surveys.

Article 22. Ad hoc statistical surveys

1. An ad hoc statistical survey is an activity to collect statistical information through a survey not included in the annual statistical survey plan of the Ministry of Justice.

2. Upon the directive of the competent authority or based on management needs, directives, and operations of the Ministry of Justice, the Minister of Justice decides to conduct an ad hoc statistical survey and assigns a unit under the Ministry to lead the implementation of the survey.

3. The unit assigned to carry out the ad hoc statistical survey shall develop a survey plan and scheme in accordance with Clause 3, Article 21 and Article 23 of this Circular, and implement the statistical survey after the plan and scheme have been approved.

Article 23. Drafting the Survey Scheme

1. Each survey conducted within the Justice Sector must have a survey plan approved by the Minister of Justice.

2. The survey scheme drafted by units under the Ministry leading the process must ensure all contents of the survey scheme prescribed in Clause 2, Article 13 of the Statistics Law and be sent to the Department of Planning and Finance for comments on statistical expertise.

Within five days from receiving the opinion letter of the Department of Planning and Finance, the unit under the Ministry is responsible for perfecting the survey scheme and sending it back to the Department of Planning and Finance for consolidation, then to the General Statistics Office for professional review before submitting to the Minister of Justice for approval.

Article 24. Organizing Statistical Survey Activities

Units under the Ministry are responsible for coordinating with related agencies, organizations, and localities to organize and implement statistical survey activities after the survey scheme stipulated in Article 23 of this Circular has been approved; the results of the statistical survey must be sent to the Department of Planning and Finance for general monitoring and compilation into the statistical information product of the Justice Sector.

The organization of statistical survey activities, the powers and responsibilities of the agency conducting the survey, the person implementing the statistical survey, and the responsibility of organizations and individuals being surveyed shall be carried out in accordance with the provisions of the Statistics Law and other legal documents governing statistics.

Chapter IV

ANNOUNCEMENT, DISSEMINATION AND USE OF STATISTICAL INFORMATION

Article 25. Announcement of Statistical Information

1. The Minister of Justice decides on the announcement of statistical information within the scope of administrative management of judicial work according to the law and the provisions of this Circular.

Announced statistical information is legally valid and may not be altered or changed.

2. Statistical information of the Justice Sector is announced through the following forms: Statistical Yearbook; press conferences; electronic statistical products published on the Ministry of Justice's official website and other official documents of the Ministry based on the approval of the Minister of Justice.

3. The Department of Planning and Finance is responsible for leading and coordinating with the Ministry’s Office and other units under the Ministry to build and perfect statistical products to submit to the Minister for announcing general statistical information of the Justice Sector in the forms prescribed in Clause 2 of this Article.

 Article 26. Dissemination of Statistical Information

1. The Minister of Justice decides on the dissemination of statistical information that has been announced according to the provisions of Article 25 of this Circular based on the approved dissemination schedule.

2. The Department of Planning and Finance is responsible for leading and coordinating with the Ministry’s Office and other units under the Ministry to build the dissemination schedule of statistical information, submit it to the Minister for signing and issuance before disseminating the statistical information.

Article 27. Management and use of statistical information 1. Statistical information of the Sector that has been published by the Minister of Justice in accordance with Article 25 of this Circular is public property. All organizations and individuals are entitled to equal access, exploitation, and use of published statistical information.

2. Any citation or use of published statistical information of the Sector must be truthful and clearly indicate the source of the information.

3. The Planning and Finance Department shall be responsible for leading and coordinating with the Ministry's Office and other units under the Ministry to carry out activities related to building, analyzing, storing, and exploiting general statistical information of the Justice Sector and other assigned activities to assist the Minister in uniformly managing statistical information of the Sector in accordance with the law and the provisions of this Circular.

4. The Information Technology Department shall be responsible for leading and coordinating with the Planning and Finance Department and relevant units to implement the application of information technology in managing statistical information of the Sector, building and implementing an electronic statistical database system of the Ministry of Justice.

2. Heads of Ministries, agencies at the level of ministries, government agencies, and Chairpersons of People's Committees at provincial level within their assigned tasks and authorities shall be responsible for organizing the implementation of the provisions of this Circular and providing conditions to ensure its implementation.

Chapter V

IMPLEMENTATION

Article 28. Responsibility for Implementation

1. The Ministry of Justice shall be responsible for directing, organizing guidance on business procedures, monitoring, urging, inspecting, summarizing, and concluding the implementation of this Circular nationwide.

The Department of Planning and Finance under the Ministry of Justice shall be responsible for assisting the Minister of Justice in fulfilling the above responsibilities.

3. Heads of agencies and units under the Ministry of Justice, Directors of Justice Departments, Heads of agencies and organizations with relevant responsibilities within their respective authorities shall be responsible for organizing the implementation, monitoring, urging the implementation of the reporting system and other statistical activities stipulated in this Circular, ensuring the provision of complete, accurate, truthful, and objective statistical information within the prescribed deadlines.

1. This Circular takes effect from January 16, 2014. This Circular replaces Circular No. 08/2011/TT-BTP dated April 5, 2011, issued by the Ministry of Justice guiding certain contents on statistical work of the Justice Sector, and Circular No. 02/2011/TT-BTP dated January 13, 2011, issued by the Ministry of Justice guiding certain contents on legal aid statistics.

Article 29. Effective Date

2. Forms TP/HT-2010-TK.1 and TP/HT-2010-TK.2 specified in Circular No. 08.a/2010/TT-BTP dated March 25, 2010, issued by the Ministry of Justice regarding the issuance and guidance on recording, storing, and using civil status registers and forms; and part of forms 20/TP-TTTM and 21/TP-TTTM specified in Circular No. 12/2012/TT-BTP dated November 7, 2012, issued by the Ministry of Justice concerning some forms on organization and commercial arbitration activities (details listed in Appendix II attached to this Circular) shall cease to be effective from the date this Circular comes into force.

2. Forms for reports containing regulations on collecting and summarizing statistical data under the management authority of the Ministry of Justice that are not provided in this Circular shall be applied in accordance with legal documents stipulating such report forms.

2. The reporting forms containing provisions on the collection and compilation of statistical data within the management authority of the Ministry of Justice that are not specified in this Circular shall be implemented in accordance with legal regulatory documents that prescribe such reporting forms.

3. During the implementation of this Circular, if there are difficulties or obstacles, they should be promptly reported to the Ministry of Justice for research and resolution./.