Decree No. 32/2020/ND-CP Amending and Supplementing Certain Provisions of Decree No. 59/2012/ND-CP dated July 23, 2012, of the Government on Monitoring the Implementation of Laws

DECREE

AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF THE DECREE NO. 59/2012/NĐ-CP ON MONITORING THE IMPLEMENTATION OF LAWS

||| 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;

Based on the Law on Enactment of Legislative Acts dated June 22, 2015;

At the proposal of the Minister of Justice;

The Government promulgates this Decree to amend and supplement certain provisions of Decree No. 59/2012/NĐ-CP on monitoring the implementation of laws issued on July 23, 2012.

Article 1. Amending and supplementing certain 1. NATIONAL UNIVERSITIES ARE PUBLIC HIGHER EDUCATION INSTITUTIONS MANAGED BY THE MINISTRY OF EDUCATION AND TRAINING, HAVE LEGAL PERSONALITY, SEPARATE ACCOUNTS, AND USE STAMPS WITH THE NATIONAL EMBLEM. provisions of Decree No.

1. Supplement Clause 4 to Article 6 as follows:

"4. Provisions on volunteer monitors for monitoring the implementation of laws:

a) Volunteer monitors for monitoring the implementation of laws are mobilized to participate in activities related to collecting, compiling information; investigating and surveying; providing opinions on handling the results of monitoring the implementation of laws;

b) Organizations specified in Clause 3 of this Article that are mobilized to participate as volunteers must have fields of operation consistent with the areas requiring monitoring the implementation of laws. Individuals mobilized to participate as volunteers must be knowledgeable about the areas requiring monitoring the implementation of laws;

c) Volunteer monitors for monitoring the implementation of laws shall perform their duties under a specific case-by-case contract system, except where the volunteer monitor for monitoring the implementation of laws is a civil servant, public official, or employee receiving salary from the state budget."

2. Supplementing Article 10a following Article 10 as follows:

“Article 10a. Reviewing and evaluating the implementation of laws

1. Based on the results of monitoring the implementation of laws, ministries, ministerial-level agencies, government agencies, and people's committees at all levels shall be responsible for reviewing and evaluating the implementation of laws within their assigned administrative management scope.

2. In accordance with the provisions of Articles 7, 8, 9, and 10 of this Decree, ministries, ministerial-level agencies, government agencies, and people's committees at all levels shall be responsible for reviewing and evaluating the positive and negative impacts of implementing legal provisions on economic and social life.

3. The Minister of Justice shall provide detailed regulations on reviewing and evaluating the implementation of laws as stipulated in Articles 8, 9, and 10 of this Decree.”

3. Add Article 11a after Article 11 as follows:

“

Article 11a. Building and Issuing Plans for Monitoring the Implementation of Laws

1. Annually, the Minister, Head of a ministerial-level agency, Head of a government agency, and Chairman of provincial People's Committees shall be responsible for building and issuing plans for monitoring the implementation of laws in their respective ministries, sectors, and localities, to be submitted to the Ministry of Justice before January 30 for tracking and summarizing.

2. The Minister of Justice shall build and submit to the Prime Minister for consideration and issuance of plans for monitoring the implementation of laws in key and cross-sectoral areas before January 1 of the planning year.”

4. Supplementing Clause 3 and Clause 4 to Article 12 as follows:

"3. Inspecting the implementation of laws in key and cross-sectoral areas:

a) Based on the plan for monitoring the implementation of laws issued by the Prime Minister, the Ministry of Justice shall take the lead and coordinate with ministries, ministerial-level agencies, and government agencies to establish inter-ministerial inspection teams for inspecting the implementation of laws in key and cross-sectoral areas;

b) The decision to establish inter-ministerial inspection teams must clearly specify the content, work plan, composition of the inspection team, and the inspected entities. The decision to establish inter-ministerial inspection teams must be notified to the inspected entities no later than seven working days prior to the start of the inspection;

c) Inspected entities must report in writing, provide relevant information and documents, and explain issues related to the inspection content as required by the inter-ministerial inspection team. The inter-ministerial inspection team will examine, verify, and conclude on issues related to the inspection content;

d) Within fifteen days from the end of the inspection, the head of the inter-ministerial inspection team must issue a written notification of the inspection conclusions to the inspected entities.

The inspection conclusions must include the following basic contents: observations and evaluations of achievements; existing problems, limitations, and reasons for these problems and limitations in implementing laws; recommendations for measures to improve the effectiveness of law enforcement and perfect the legal system; recommendations for considering and handling responsibilities for violations (if any) of agencies, units, and persons authorized to enforce laws.

4. Inspecting the performance of monitoring the implementation of laws:

Ministries, ministerial-level agencies, government agencies, and people's committees at all levels shall inspect the performance of monitoring the implementation of laws according to the following contents:

a) The issuance of guiding and directing documents for monitoring the implementation of laws;

b) Ensuring staffing and funding conditions for monitoring the implementation of laws;

c) Training and capacity building in monitoring the implementation of laws;

d) The issuance and implementation of plans for monitoring the implementation of laws;

đ) Coordination in monitoring the implementation of laws;

e) Handling the results of monitoring the implementation of laws.”

5. Supplementing Clause 3, Clause 4, and Clause 5 to Article 14 as follows:

"3. The Ministry of Justice shall be responsible for directing, guiding, urging, and inspecting ministries, ministerial-level agencies, government agencies, and provincial People's Committees to promptly handle the results of monitoring the implementation of laws; summarizing, researching, and proposing to the Government and the Prime Minister to handle the results of monitoring the implementation of laws for matters within the authority of the Government and the Prime Minister.

Ministries, ministerial-level agencies, government agencies, and provincial People's Committees shall be responsible for directing, guiding, urging, and inspecting subordinate agencies and units to promptly handle the results of monitoring the implementation of laws; summarizing the handling of the results of monitoring the implementation of laws in annual reports to be submitted to the Ministry of Justice.

4. Within thirty days from the date of receipt of the document requesting the handling of the monitoring results of the implementation of laws, the agencies, organizations, and individuals responsible for handling the monitoring results of the implementation of laws must report in writing on the situation and results of implementing measures to address deficiencies, shortcomings, and handle violations discovered during the monitoring process.

As for recommendations regarding amendments, supplements, or issuance of new provisions in legal normative documents mentioned in the annual report on the monitoring of the implementation of laws sent by the Ministry of Justice to the Prime Minister, ministries, sectors, and localities must report on the handling of these recommendations to the Ministry of Justice within the first quarter of the following reporting period.

5. In cases where organizations or individuals under their management issue guiding documents for the application of laws or decisions applying laws that do not ensure accuracy or violate legal provisions on authority, procedures, and formalities, the Ministers, Heads of ministerial-level agencies, government agencies, and Chairpersons of People's Committees at all levels must issue documents requiring competent agencies, organizations, or individuals to promptly correct, amend, supplement, revoke, or reissue such documents in accordance with the law.

Where legal normative documents within the authority to issue of ministries, ministerial-level agencies, and People's Committees at all levels contain provisions contrary to those of higher-level state agencies' legal normative documents, the Ministers of the Ministry of Justice, Ministers, Heads of ministerial-level agencies, and Chairpersons of People's Committees at all levels must promptly handle the illegal documents according to their respective authorities as stipulated in Articles 118, 119, and 120 of Decree No. 34/2016/NĐ-CP dated May 14, 2016, of the Government detailing certain provisions and measures to implement the Law on Issuing Legal Normative Documents.

6. Clause 5 of Article 15 shall be amended and supplemented as follows:

"5. Annually report to the Prime Minister on the work of monitoring the implementation of laws nationwide no later than December 25 of the reporting period.

The data cut-off period for the report runs from December 15 of the year preceding the reporting period to December 14 of the reporting period."

7. Clause 6 of Article 16 shall be amended and supplemented as follows:

"6. Annually report to the Ministry of Justice on the work of monitoring the implementation of laws no later than December 10 of the reporting period.

The data cut-off period for the report runs from December 1 of the year preceding the reporting period to November 30 of the reporting period."

8. Clause 5 of Article 17 shall be amended and supplemented as follows:

"5. Annually, provincial People's Committees report to the Ministry of Justice on the work of monitoring the implementation of laws no later than December 10 of the reporting period.

The data cut-off period for the report runs from December 1 of the year preceding the reporting period to November 30 of the reporting period.

District and commune People's Committees shall report on the work of monitoring the implementation of laws as required by the directly superior People's Committee."

9. Article 18 shall be amended and supplemented as follows:

“

Article 18. Coordination in Monitoring the Implementation of Laws

1. Ministries, ministerial-level agencies, government agencies, and People's Committees at all levels shall be responsible for coordinating with the People's Procuratorates, People's Courts, Vietnam Fatherland Front, and its member organizations, and other relevant organizations in carrying out the work of monitoring the implementation of laws.

2. Based on specific requirements of each monitoring activity, ministries, ministerial-level agencies, government agencies, and People's Committees at all levels shall request relevant agencies and organizations to cooperate in monitoring the implementation of laws in the following areas:

a) People's Procuratorates and People's Courts provide information on the implementation of laws by agencies, organizations, and individuals through prosecution activities, judicial supervision, and trials;

b) Vietnam Fatherland Front and its member organizations provide information and public opinions on the implementation of laws through supervisory activities;

c) Vietnam Bar Federation, Vietnam Association of Lawyers, and lawyer associations provide opinions and recommendations of lawyers on legal issues related to the implementation of laws;

d) Vietnam Chamber of Commerce and Industry, professional associations provide opinions and recommendations of businesses and members on the timeliness and comprehensiveness of the implementation of laws by competent state agencies, the accuracy and consistency in guiding and applying laws by competent state agencies, the consistency, synchronization, and feasibility of legal documents, and other related issues;

đ) Mass media agencies provide public opinion reflections on the implementation of laws."

Article 2.

Repeals

dated July 23, 2012 of the Government on monitoring the implementation of laws.

Article 3. Implementation Provisions

1. This Decree takes effect from May 15, 2020.

2. The Minister of Justice shall be responsible for directing, guiding, and inspecting the implementation of this Decree.

3. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of People's Committees at all levels, and related organizations and individuals shall be responsible for implementing this Decree./.