Decision No. 205/2002/QĐ-BTP On the Plan to Implement Resolution No. 07/NQ-TW of the Politburo on International Economic Integration and the Government's Action Program to Implement the Vietnam-US Trade Agreement

Pursuant to …;

Regarding the implementation plan for Resolution No. 07/NQ-TW of the Politburo on international economic integration and the Action Program of the Government to implement the Vietnam-U.S. Trade Agreement

_____________________________

THE MINISTER OF JUSTICE

Pursuant to Resolution No. 07/NQ-TW dated November 27, 2001 of the Politburo on international economic integration and Decision No. 37/2002/QĐ-TTg dated March 14, 2002 of the Prime Minister implementing Resolution No. 07/NQ-TW dated November 27, 2001;

Pursuant to Resolution No. 48/2001/QH10 dated November 28, 2001 of the National Assembly approving the Agreement between the Socialist Republic of Vietnam and the United States of America on trade relations and Decision No. 35/2002/QĐ-TTg dated March 12, 2002 of the Prime Minister on the Action Program of the Government to implement the Vietnam-U.S. Trade Agreement;

Pursuant to Decree No. 38/CP dated June 4, 1993 of the Government on the functions, tasks, powers, and organization of the Ministry of Justice;

Considering the proposal of the Director of the Department of International Cooperation, Ministry of Justice.

DECISION:

Article 1. - To promulgate with this Decision the Plan of the Ministry of Justice to implement Resolution No. 07/NQ-TW dated November 27, 2001 of the Politburo on international economic integration and the Action Program of the Government promulgated with Decision No. 35/2002/QĐ-TTg dated March 12, 2002 of the Prime Minister to implement the Vietnam-U.S. Trade Agreement.

Article 2.- This Decision takes effect from the date of signing.

Article 3.- The Directors of the Departments of Cadre Organization and Training, International Cooperation, Civil and Commercial Law, Criminal and Administrative Law, the Rector of the Hanoi University of Law, the Director of the School of Judicial Training, and the heads of relevant units shall be responsible for enforcing this Decision.

PLAN
Implementing Resolution No. 07/NQ-TW of the Politburo on international economic integration and the Action Program of the Government to implement the Vietnam-U.S. Trade Agreement

(Issued together with Decision No. 205/2002/QĐ-BTP dated May 27, 2002 of the Minister of Justice)

1. OBJECTIVES AND REQUIREMENTS

The action plan of the Ministry of Justice to implement Resolution No. 07/NQ-TW of the Politburo on international economic integration and the Action Program of the Government to implement the Vietnam-U.S. Trade Agreement (hereinafter referred to as the Plan) must achieve the following objectives and requirements:

1.1 This Plan serves as a basis for units within the judicial sector, judicial officials and civil servants from central to local levels to organize the dissemination of the significance, purpose, and requirements of Resolution No. 07/NQ-TW on international economic integration and the Government's Action Program to implement the Agreement, thereby grasping the advantages and difficulties, and striving to fully utilize internal strength, patriotic traditions, national cultural identity, take advantage of opportunities and timeframes, overcome difficulties and challenges during the implementation of the Agreement, serving the goals of economic and social development, industrialization, modernization of the country, maintaining independence and sovereignty, and the socialist orientation.

1.2 Based on this Plan, each unit within the judicial sector should promptly develop specific plans for their own units, proactively carry out activities to review and propose amendments and supplements to regulatory legal documents within their scope of operation in accordance with the timeline of international economic integration and the implementation of the Agreement, thereby perfecting the Vietnamese legal system to meet the requirements of national development in the new phase.

1.3 This Plan also aims to create new impetus for consolidating the organizational structure and systems of judicial agencies, legal systems at ministries, sectors, enterprises, auxiliary legal agencies, training institutions, and sources of judicial cadres, contributing to effectively implementing tasks related to the judicial sector in implementing Resolution No. 07/NQ-TW dated November 27, 2001 of the Politburo on international economic integration, Resolution No. 48/2001/QH10 approving the Vietnam-U.S. Trade Agreement signed on July 13, 2000, Decision No. 35/2002/QĐ-TTg on the Action Program of the Government to implement the Vietnam-U.S. Trade Agreement, and Decision No. 37/2002/QĐ-TTg on the Action Program of the Government to implement Resolution No. 07/NQ-TW mentioned above.

1.4 During the implementation of this Plan, each judicial official must recognize the advantages and difficulties of the process of international economic integration, the contents of commitments under the Vietnam-U.S. Trade Agreement generally (hereinafter referred to as the Agreement), and issues arising from the Agreement specifically.

2. CONTENTS AND TIMELINE OF PLAN IMPLEMENTATION

2.1 Propaganda and training work on Resolution No. 07/NQ-TW and understanding the Agreement:

2.1.1 The Department of Legal Education and Propaganda shall take the lead and coordinate with the Institute of Legal Science Research, the Department of International Cooperation, the Department of Cadre Organization and Training, the Office of the Ministry, and the Enterprise Legal Club to organize the dissemination and popularization of the Politburo's Resolution on international economic integration and the significance and content of the Agreement among legal and judicial officials as well as interested parties.

It is necessary to promptly implement the dissemination of understanding among all cadres and civil servants of the Ministry of Justice, Hanoi Law University, the School for Legal Positions, legal organizations of ministries, sectors, enterprises, People's Courts at local levels, Departments of Justice on the unified purpose, requirements, and main contents of the Government's Programs on international economic integration and the implementation of the Agreement, recognizing clearly the advantages, difficulties, and challenges of implementing these programs and the Agreement for the legal system and the judicial sector.

Prepare materials, books, leaflets introducing the content of the Agreement for judicial cadres and civil servants; assist the Communist Youth Union of the Ministry of Justice in organizing exchanges for young people to learn about Resolution No. 07/NQ-TW on international economic integration and the content of the Agreement.
These are common activities that need to be widely carried out throughout the sector in 2002 under various forms and levels within the scope of the entire sector.

2.1.2 The Department of Cadre Organization and Training shall take the lead in coordinating with the Department of International Cooperation, the School for Legal Positions, and related units to develop a plan to study Resolution No. 07/NQ-TW, relevant government programs, and the content of the Agreement for judicial officials. In the short term, it is necessary to urgently organize two training courses on studying the content of the Agreement, combining with the review of regulatory legal documents of central and local agencies according to Decision No. 457/QĐ-BTP dated November 27, 2001 of the Minister of Justice.

The completion time for the research plan on Resolution No. 07/NQ-TW, relevant government programs, and training on the Agreement is the second quarter of 2002.

2.2. Review of regulatory legal documents.

Assign the Working Group reviewing regulatory legal documents in the field of international trade (the Reviewing Working Group) to continue implementing the specific plan approved by Decision No. 285/2000/QĐ-BTP dated September 27, 2000 of the Minister of Justice. Specifically, continue to take the lead in coordinating with ministries, sectors, and provincial People's Committees to review regulatory legal documents according to commitments in the Vietnam-U.S. Trade Agreement, Agreements with the World Bank (WB), International Monetary Fund (IMF), Asian Development Bank (ADB), and the Mazawa Plan, and the requirements of the World Trade Organization (WTO); review and compile statistics on international treaties that our country has joined, will join, and needs to join during the process of international economic integration according to the content and requirements of the Prime Minister's Circular No. 6172/VPCP-TCQT dated December 18, 2001, Decision No. 35/2002/QĐ-TTg dated March 12, 2002, and Decision No. 37/2002/QĐ-TTg dated March 14, 2002.

This review must be completed by the third quarter of 2002.

2.3. Legislation construction plan

Assign the Civil and Commercial Law Department to take the lead in coordinating with the Reviewing Working Group, units under the Ministry, and related ministries and sectors to determine the content of the legislative program for 2002-2003 to implement Vietnam's roadmap for international economic integration, international commitments including the Vietnam-U.S. Trade Agreement; prepare the draft program of the Government to submit to the National Assembly regarding amendments, supplements, and new promulgation of regulatory legal documents for the entire term of the 11th National Assembly (2002-2006), prioritizing the needs of international economic integration and the implementation of the Vietnam-U.S. Trade Agreement, other international commitments, and the ability to fulfill commitments when joining the World Trade Organization (WTO).

The preparation of documents to be submitted to the Government must be completed by the third quarter of 2002.

2.4. Legislative work

Strengthen legislative work, amend, supplement, and promulgate new regulatory legal documents within the authority of the Ministry of Justice; improve the quality of comments and reviews of draft regulatory legal documents prepared by other ministries and sectors taking into account the roadmap for international economic integration and the implementation of international commitments of Vietnam;

To implement this, it is necessary to carry out the following specific tasks:

2.4.1- Complete the Draft Law amending and supplementing certain articles of the Law on the Issuance of Regulatory Legal Documents.

Assign the Criminal and Administrative Law Department to take the lead in coordinating with units under the Ministry and related ministries and sectors to complete the Draft Law. It is necessary to complete the consultation with experts on the part of the content related to the requirement of transparency in policy and law. This work must be completed by the second quarter of 2002.

2.4.2- Complete the Draft Decree amending and supplementing certain articles of Decree No. 92/CP on the activities of foreign legal consultants in Vietnam.

Assign the Legal Consultant Department to take the lead in coordinating with the Department of International Cooperation, units under the Ministry, and related ministries and sectors to complete the Draft Decree. It is necessary to seek expert opinions on the compatibility of the Draft Decree with Vietnam's commitments on legal services. These works must be completed by the second quarter of 2002.

2.4.3- Organize seminars and research to perfect the provisions of the Civil Code, particularly the section on "Intellectual Property Rights and Technology Transfer" to meet the requirements of Vietnam's commitments in the Vietnam-U.S. Trade Agreement.

Assign the Civil and Commercial Law Department to take the lead in coordinating with units under the Ministry and related ministries and sectors to complete this work in 2002.

2.4.4- Develop a "Legal Handbook" on Vietnam's international commitments related to international economic integration for use in the review and contribution to the drafting of regulatory legal documents related to international economic integration.

Assign the Institute of Legal Science Research to take the lead in coordinating with the Department of International Cooperation and units under the Ministry, the Reviewing Working Group to complete this work in 2002.

2.5. Research work

The Institute for Legal Science Research shall take the lead and coordinate with the International Cooperation Department to carry out activities including: collecting documents, lectures, articles, legal texts on international trade law, United States commercial law directly related to the process of international economic integration and the implementation of the Agreement, international treaties referred to in the Agreement to ensure the implementation of the Agreement; organizing specialized legal seminars, providing legal information, developing research plans on the contents of the Agreement and legal issues serving the enforcement of the Agreement.
These tasks must be carried out in 2002 and continue to be implemented in subsequent years. A preliminary overview report on the research work in this section will be submitted in 2002.

2.6 Training Work

- Incorporate the Resolution No. 07/NQ-TW on international economic integration, the contents of the Agreement, and Vietnam's international commitments in the field of international economic integration into university law textbooks, research materials for training and cadre improvement courses. This work needs to be implemented during the 2002-2003 academic year.

The Hanoi University of Law and the School of Judicial Training shall cooperate with the Ministry of Education and Training to study and submit a specific project to implement this content to the Ministry Leadership in the third quarter of 2002.

2.7 Cadre and Organizational Work

2.7.1 Organizational Work

a- Assign the Cadre and Training Department to take the lead and coordinate with the International Cooperation Department to improve the organization and activities related to international economic integration within the sector and prepare a proposal to establish the Integration Law Department.

The preparation of the proposal to establish the Integration Law Department should be completed in the second quarter of 2002.

b- Assign the Civil and Commercial Law Department to take the lead and coordinate with the Cadre and Training Department to prepare a proposal to improve the organizational structure of legal departments in ministries, state-owned enterprises, including amending Decree No. 94/CP on the organization of legal departments in ministries, agencies at the level of ministries, and government agencies; organize training sessions to enhance legal knowledge and law enforcement capabilities for cadres in ministries, sectors, localities, and enterprises, meeting the requirements and tasks of implementing international commitments in the process of international economic integration.

This work needs to be carried out throughout 2002 and continued in subsequent years.

c- Assign the Civil and Commercial Law Department and the Cadre and Training Department to submit these proposals to the Ministry Leadership for review in the third quarter of 2002.

2.7.2 Cadre Work

The Cadre and Training Department shall take the lead and coordinate with the Government’s Cadre and Organization Board, units under the Ministry, and relevant ministries and sectors to develop a plan to build human resources, focusing on legal experts in international trade and economics to meet the requirements set for implementing the Strategy for International Economic Integration, Vietnam's international commitments, the Vietnam-U.S. Trade Agreement, and other international commitments related to international economic integration (including selecting and effectively utilizing those who have studied and learned law in the U.S., Vietnamese lawyers residing in the U.S. or working in U.S. law firms, American lawyers of Vietnamese origin; studying plans to train and develop a team of lawyers specializing in international trade and economics operating in this field).

This plan needs to be submitted to the Ministry Leadership in the third quarter of 2002.

2.8 International Cooperation Work

The International Cooperation Department shall take the lead and coordinate with foreign-funded legal projects managed by the Ministry of Justice, the Vietnam-France Law Institute, the Cadre and Training Department to develop a plan to utilize, seek, and mobilize foreign financial support for understanding, researching, training, and enforcing Vietnam's international commitments in the process of integration.

This work needs to be completed in the third quarter of 2002.

3. Implementation of the Plan.

3.1 The implementation of activities in this Plan and specific plans of units in the judicial sector must be aligned with the context of legal reform, judicial reform, administrative reform, the Socio-Economic Development Strategy 2010-2020, and the policy of international economic integration, Vietnam's international commitments to ensure coordinated and solid steps, including long-term activities and short-term annual activities, involving organizational, staffing, mechanism, policy, and material infrastructure issues suitable to the specific situation of each unit and locality to ensure compliance with the requirements of the Political Bureau's Resolution on International Economic Integration, the National Assembly's Resolution, and the Government's Program.

3.2 Based on the content, measures, and implementation schedule stipulated in this Plan, units assigned the main responsibility must develop detailed plans and projects guiding judicial sector units to implement appropriate solutions to complete on time and meet the required standards.

The Ministry Office and the Planning and Finance Department shall prepare funds and necessary material conditions to implement the Government's Action Programs on international economic integration and the implementation of the Vietnam-U.S. Trade Agreement. The International Cooperation Department shall be responsible for coordinating, supervising, urging, ensuring timely implementation of the Plan's content and progress, and regularly reporting to the Ministry Leadership on the results of implementation.