Decision No. 25/2021/QĐ-TTg on communes, wards, and towns meeting the standard for access to law

Pursuant to …;

REGULATIONS ON COMMUNES, WARD, TOWNS MEETING THE STANDARDS FOR ACCESS TO LEGAL SYSTEMS

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on Organization of Local Administration dated June 19, 2015;

Pursuant to the Law Amending and Supplementing Several Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

At the proposal of the Minister of Justice;

The Prime Minister issues this Decision to regulate communes, wards, towns meeting the standards for access to legal systems.

Article 1. Scope of Regulation and Applicability

1. This Decision stipulates principles, criteria, conditions, procedures, and responsibilities of agencies and organizations in evaluating and recognizing communes, wards, towns meeting the standards for access to legal systems..

2. This Decision applies to communes, wards, towns and relevant agencies, organizations, and individuals involved in the evaluation and recognition of communes, wards, towns meeting the standards for access to legal systems.

Article 2. Implementation Principles

1. People shall be at the center in the evaluation and recognition of communes, wards, towns meeting the standards for access to legal systems.

2. Ensure transparency, fairness, democracy, objectivity, and compliance with legal regulations.

3. The evaluation and recognition of communes, wards, towns meeting the standards for access to legal systems shall be linked to the implementation of tasks related to economic and social development, national defense and security, strengthening grassroots democracy, mobilizing the people to implement Party policies and State laws, and building and perfecting a socialist rule-of-law state.

Article 3. Criteria for Communes, Wards, Towns Meeting the Standards for Access to Legal Systems

1. Criterion 1: Issuance of documents within authority to organize and ensure the enforcement of the Constitution and laws on the territory

a) Indicator 1: Issuing complete and in accordance with legal regulations all normative legal documents assigned by competent authorities;

b) Indicator 2: Issuing administrative documents in accordance with legal regulations that directly relate to the rights and interests of organizations and individuals.

2. Criterion 2: Access to information, dissemination, and legal education

a) Indicator 1: Publicizing timely, accurate, and complete information in accordance with legal regulations on access to information and grassroots democracy in communes, wards, towns;

b) Indicator 2: Providing information promptly, accurately, and completely in accordance with legal regulations on access to information upon request;

c) Indicator 3: Issuing and implementing annual plans for dissemination and legal education in accordance with legal regulations on dissemination and legal education;

d) Indicator 4: Implementing effective forms and models of information dissemination and legal education at the grassroots level;

đ) Indicator 5: Organizing training and capacity building for legal education communicators in accordance with legal regulations on dissemination and legal education;

e) Indicator 6: Ensuring financial resources, infrastructure, and means to fulfill tasks related to dissemination and legal education in accordance with legal regulations on dissemination and legal education.

3. Criterion 3: Grassroots mediation, legal aid

a) Indicator 1: Mediating promptly and effectively in accordance with legal regulations on grassroots mediation all disputes, conflicts, and violations within the scope of grassroots mediation; 1. The Legal Affairs Department shall be the focal point, coordinating with relevant units to advise and assist the Minister in monitoring the implementation of legal normative documents within the scope of the Ministry of Industry and Trade's management; drafting and submitting to the Minister for issuance a plan to monitor the implementation of legal normative documents of the Ministry of Industry and Trade within fifteen days from the date the Prime Minister issues the central and inter-sectoral plan, to be sent to the Ministry of Justice for monitoring and consolidation; preparing annual reports on the organization of legal implementation to be submitted to the Minister for consolidation by the Ministry of Justice. b) Indicator 2: Supporting financial resources for grassroots mediation activities in accordance with legal regulations on grassroots mediation;

c) Indicator 3: Providing information and introducing legal aid services in accordance with legal regulations on legal aid.

4. Criterion 4: Grassroots democracy in communes, wards, towns

a) Indicator 1: Organizing exchanges and dialogues with the people in accordance with legal regulations on local government organization;

b) Indicator 2:

for the people to discuss Organization directly the contents in accordance with legal regulations on grassroots democracy in communes, wards, towns;c) Indicator 3: Organizing for the people to discuss and vote on the contents in accordance with legal regulations on grassroots democracy in communes, wards, towns;, ||| Total number of subjects who have completed execution of the decision d) Indicator 4: Organizing for the people to provide opinions on the contents in accordance with legal regulations on grassroots democracy in communes, wards, towns;

đ) Indicator 5: Organizing for the people to participate directly or through the People's Inspection Committee and Community Investment Supervision Board in supervising the contents in accordance with legal regulations on grassroots democracy in communes, wards, towns.

5. Criterion 5: Organization of citizen reception, handling of proposals, reflections, complaints, denunciations, administrative procedures; ensuring national security, public order, and social safety

a) Indicator 1: Organizing citizen reception, receiving and handling proposals, reflections, complaints, and denunciations in accordance with legal regulations on citizen reception, complaints, and denunciations;

b) Indicator 2: Receiving and handling administrative procedures in accordance with legal regulations on administrative procedure handling;

c) Indicator 3: No civil servant or public official has been administratively disciplined or criminally prosecuted;

d) Indicator 4: Meeting the "Safety in Security and Order" standard in accordance with legal regulations on national security, public order, and social safety.

6. The total maximum score of the criteria for communes, wards, towns meeting the standards for access to legal systems is 100 points. The Ministry of Justice will guide the content, scoring, and calculation method of the criteria and indicators stipulated in this Article.

Article 4. Conditions for Recognizing Communes, Wards, Towns Meeting the Standards for Access to Legal Systems

Communes, wards, towns will be recognized as meeting the standards for access to legal systems when they meet the following conditions:

1. The total score of the criteria reaches 80 points or more;

2. The total score of each criterion reaches 50% or more of the maximum score;

3. In the year of evaluation, there is no cadre or public official who is the head of the commune-level party committee or administration (hereinafter referred to collectively as the commune-level administration) being administratively disciplined for violating laws while performing official duties or being criminally prosecuted.

Article 5. Procedures and Processes for Evaluating and Recognizing Communes, Wards, Towns Meeting the Standards for Access to Legal Systems

1. The evaluation and recognition of communes, wards, towns meeting the standards for access to legal systems shall be conducted annually, from January 1 to December 31 of the evaluation year.

2. The People's Committee at the commune level shall self-score and evaluate the implementation results of the criteria and indicators; publicly post the self-scoring and evaluation results; submit the application file for recognition of communes, wards, towns meeting the standards for access to legal systems to the People's Committee at the district, town, city, provincial level, or city under central government jurisdiction (hereinafter referred to collectively as the People's Committee at the district level) before January 10 of the year immediately following the evaluation year.

1. The evaluation and recognition of communes, wards, and towns meeting the legal access standards shall be conducted annually, from January 1 to December 31 of the evaluation year.

2. The People's Committee at the commune level shall self-score and assess the implementation results of the criteria and indicators; publicly post the self-assessment results; and submit the application dossier for recognition as a commune, ward, or town meeting the legal access standards to the People's Committee of the district, town, city under province, or city under central直辖市下辖市之前，省级城市或中央直辖市的人民委员会。在提交申请文件时，应在评估年度的次年1月10日前提交。

3. The People's Committee at the district level shall establish a Legal Access Standard Evaluation Council to advise and review the Chairman of the same-level People's Committee on considering and deciding to recognize and announce communes, wards, towns meeting the legal access standards on the district-level electronic information portal (or website) before February 10 of the following year immediately after the evaluation year.

4. The dossier for recognizing communes, wards, towns meeting the legal access standards includes:

a) Report on the results of achieving the legal access standards;

b) Summary of scores for each criterion and indicator;

c) Summary of feedback and explanations regarding the self-assessment and scoring of criteria and indicators (if any);

d) Document requesting recognition of communes, wards, towns meeting the legal access standards;

đ) Other related documents (if any);

5. The Ministry of Justice shall guide the procedures, forms, and materials for evaluating and recognizing communes, wards, towns meeting the legal access standards; the composition, tasks, and powers of the Legal Access Standard Evaluation Council.

Article 6. Responsibilities of agencies and organizations

1. Ministry of Justice

a) Direct and guide the organization to implement this Decision throughout the country; annually, compile the results of evaluating and recognizing communes, wards, towns meeting the legal access standards and report to the Prime Minister;b) Take the lead and coordinate with ministries, ministerial-level agencies, government agencies, and related organizations to monitor, inspect, resolve complaints, reflections, appeals, and denunciations, direct the handling of violations, and resolve difficulties and obstacles for localities in implementing this Decision according to their authority;

c) Based on actual conditions and the results of communes, wards, towns meeting the legal access standards nationwide, select localities to organize the assessment of citizens' satisfaction with the effectiveness of communes, wards, towns meeting the legal access standards;

d) Develop materials and train staff on the business of evaluating and recognizing communes, wards, towns meeting the legal access standards; build, manage, and operate software for evaluating and recognizing communes, wards, towns meeting the legal access standards nationwide;

đ) Summarize, conclude, commend, and reward organizations and individuals who have outstanding achievements in evaluating and recognizing communes, wards, towns meeting the legal access standards.

2. Ministries, ministerial-level agencies, and government agencies shall cooperate with the Ministry of Justice to monitor, inspect, resolve complaints, reflections, appeals, and denunciations, and resolve difficulties and obstacles for localities in implementing the criteria and indicators within their management scope.

3. Propose the Vietnam Fatherland Front Central Committee and political-social organizations to supervise the evaluation and recognition of communes, wards, towns meeting the legal access standards; cooperate with the Ministry of Justice to monitor, inspect, resolve complaints, reflections, appeals, and denunciations, and resolve difficulties and obstacles for localities in implementing the criteria for democratic implementation in communes, wards, towns.

4. People's Committees of provinces and centrally-administered cities (hereinafter referred to as provincial-level People's Committees)

a) Direct, guide, and organize the implementation of this Decision at the locality; assign specialized agencies to be responsible for monitoring and advising on implementation; ensure funding for the task of evaluating and recognizing communes, wards, towns meeting the legal access standards;

b) Based on the actual results of evaluating and recognizing communes, wards, towns meeting the legal access standards annually, direct measures to address existing shortcomings and difficulties and obstacles in implementing the criteria and indicators for communes, wards, towns meeting the legal access standards;c) Clearly define the responsibilities of agencies, organizations, and individuals in cases where communes, wards, towns fail to meet the legal access standards or the evaluation and recognition of communes, wards, towns meeting the legal access standards are not in accordance with the law;

d) Summarize, conclude, commend, and reward organizations and individuals who have outstanding achievements in evaluating and recognizing communes, wards, towns meeting the legal access standards at the locality;

đ) Annually, compile and report to the Ministry of Justice on the results of evaluating and recognizing communes, wards, towns meeting the legal access standards, measures to ensure the substantive nature and improve the effectiveness of the work of evaluating and recognizing communes, wards, towns meeting the legal access standards.

bear responsibility for the results of the assigned tasks and

organize inspections, resolve complaints, reflections, appeals, and handle violations in implementing this Decision at the locality.

5. The Chairman of the People's Committee of the Province shall be responsible for the results of the tasks assigned and organize inspections, handle complaints, reflections, appeals, denunciations, and violations in the implementation of this Decision at the local level.

Article 7. Implementation funds

1. The implementation funds for this Decision shall be allocated from the annual regular state budget estimates of relevant agencies, organizations, and localities in accordance with the laws on state budget.

2. Provincial and district People's Councils and People's Committees shall concentrate on allocating funds to support particularly difficult communes, border communes, safe area communes, particularly difficult coastal and island communes, and communes in poor districts in implementing this Decision from the local state budget in accordance with the laws on state budget.

3. Organizations, enterprises, and individuals are encouraged to use legitimate funding sources to support activities related to the achievement of criteria and indicators for communes, towns, and wards to meet the standard of access to law.

Article 8. Effective Date

1. This Decision takes effect from January 1, 2022.

2. Decision No. 619/QĐ-TTg dated May 8, 2017, issued by the Prime Minister regarding the construction of communes, towns, and wards meeting the standard of access to law shall cease to be effective from the date this Decision comes into force.

3. The organization of evaluation and recognition of communes, towns, and wards meeting the standard of access to law in 2021 shall continue to be implemented in accordance with Decision No. 619/QĐ-TTg dated May 8, 2017, issued by the Prime Minister.

4. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of all levels of People's Committees, and related agencies, organizations, and individuals shall be responsible for enforcing this Decision.