Circular No. 35/2022/TT-BCA on monitoring the implementation of laws within the People's Public Security Force

CIRCULAR

Regulations on monitoring the implementation of laws in the People's Public Security

The People's Public Security

Pursuant to the Law on People's Police dated November 20, 2018;

Pursuant to Decree No. 59/2012/NĐ-CP dated July 23, 2012 of the Government on monitoring the implementation of laws;

Pursuant to Decree No. 32/2020/NĐ-CP dated March 5, 2020 of the Government amending and supplementing certain articles of Decree No. 59/2012/NĐ-CP dated July 23, 2012 of the Government on monitoring the implementation of laws;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director of the Department of Legal Affairs and Administrative Reform and Justice;

The Minister of Public Security promulgates this Circular stipulating regulations on monitoring the implementation of laws in the People's Public Security.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the contents, activities of monitoring the implementation of laws and responsibilities for organizing the implementation of work related to monitoring the implementation of laws in the People's Public Security.

Article 2. Applicability

1. Officers, non-commissioned officers in specialized positions; officers, non-commissioned officers in technical positions; non-commissioned officers, conscript soldiers; students, pupils of public security schools; public security workers, contractual employees in the People's Public Security (hereinafter referred to as public security officers and soldiers).

3. Other organizations and individuals related to the work of implementing laws and monitoring the implementation of laws in the People's Public Security.

Chapter II

CONTENTS OF MONITORING THE IMPLEMENTATION OF LAWS
WITHIN THE PEOPLE'S PUBLIC SECURITY

Article 3. Contents of monitoring the implementation of laws

Public security units and localities shall monitor the implementation of laws based on examining and assessing the following contents:

1. The situation regarding the issuance of detailed regulations and guidance for the implementation of normative legal documents.

2. The situation regarding ensuring conditions for the implementation of laws.

3. The situation regarding compliance with laws.

1. Based on the results of monitoring the implementation of laws, public security units and localities shall be responsible for examining and assessing the implementation of laws within their assigned areas of management. The examination and assessment of the implementation of laws in the People's Public Security shall be carried out in accordance with Articles 8, 9, and 10 of Decree No. 59/2012/NĐ-CP dated July 23, 2012 of the Government on monitoring the implementation of laws, as amended and supplemented by Decree No. 32/2020/NĐ-CP dated March 5, 2020 (referred to collectively as Decree No. 59/2012/NĐ-CP), and detailed regulations and guidance for implementation.

2. Based on the provisions of Articles 7, 8, 9, and 10 of Decree No. 59/2012/NĐ-CP, detailed regulations and guidance for implementation, public security units and localities shall be responsible for examining and assessing the positive and negative impacts of the implementation of relevant legal provisions on economic and social life within their assigned functions and tasks.

Chapter III

ACTIVITIES OF MONITORING THE IMPLEMENTATION OF LAWS

Article 5. Construction and issuance of plans to monitor the implementation of laws

Based on the Plan to Monitor the Implementation of Laws in the People's Police, annually, the legal system organizations and units responsible for legal tasks shall take the lead and coordinate with relevant units to advise and assist the heads of units under the Ministry and provincial public security organs to issue the Plan to Monitor the Implementation of Laws at their units and localities, to be submitted to the Ministry (through the Legal System and Administrative Reform Department) before February 20 each year for monitoring and consolidation.

a) Objectives and requirements;

b) Fields of law to be monitored and evaluated;

c) Activities to monitor the implementation of laws and progress in implementation;

d) Responsibilities of public security units and localities in implementing the plan;

đ) Budget for implementing the plan.

1. Inspection of the implementation of laws is carried out according to the plan of the Ministry of Public Security, units, or localities, or when there are difficulties, obstacles, or inadequacies in the practical implementation of laws, or pursuant to a decision to establish a joint inspection team.

2. Public security units and localities inspect the implementation of laws within their assigned responsibilities to promptly identify difficulties and obstacles in the implementation of laws and limitations and inadequacies in the legal system. The inspected entities are responsible for fulfilling the requirements of the inspection team as prescribed by law.

3. Inspection of the implementation of laws in the People's Police is conducted in accordance with the provisions of Decree No. 59/2012/ND-CP and the regulations on inspection work in the People's Police.

In one year, inspections shall not be organized more than once at a public security unit or locality, except in cases of surprise inspections, where the advisory body must report clearly the reasons for the inspection, to be reviewed and decided by the competent authority.

4. The content of the inspection of the implementation of the work to monitor the implementation of laws in the People's Police is carried out in accordance with the provisions of Clause 4, Article 12 of Decree No. 59/2012/ND-CP.

5. Organization of inspection

a) Annually, based on the Plan to Monitor the Implementation of Laws in the People's Police, the Legal System and Administrative Reform Department shall take the lead and coordinate with relevant units to advise and assist the Minister of Public Security to decide on establishing inspection teams for the implementation of laws at public security units and localities. Units under the Ministry shall conduct inspections of the implementation of laws within their areas of management and according to the force structure. The Planning Room of the provincial public security organ shall take the lead and coordinate with relevant units to advise and assist the Provincial Public Security Director to inspect the implementation of laws within their areas of management and jurisdiction.

b) The decision to establish an inspection team shall include basic contents: date of issuance of the decision; basis for issuing the decision; inspected entity; expected inspection period; inspection content; name, position of the Team Leader, Deputy Team Leader, and members, rights and responsibilities of the inspection team; rights and responsibilities of the inspected entity.

c) The decision to establish an inspection team must be notified to the inspected entity at least seven working days before the start of the inspection. In cases of surprise inspections, the decision to establish an inspection team must be sent to the inspected entity immediately after the decision is issued or must be handed directly to the inspected entity immediately upon commencement of the inspection activity.

d) The inspection team shall conduct inspections according to the contents stipulated in the decision to establish the inspection team. If necessary, they may conduct on-site inspections and verify information, documents, and results of the implementation of laws to serve as a basis for concluding the inspection contents.

đ) The inspected entity shall submit reports in writing; provide information and documents related to the inspection content; explain issues within the inspection content according to the requirements of the inspection team.

e) Within fifteen days from the end of the inspection, the Team Leader shall send the inspection conclusion to the inspected entity, and simultaneously send it to the person authorized to issue the inspection decision to report on the inspection results.

g) The inspection conclusion must include basic contents: comments and evaluation of achievements; limitations, inadequacies, and causes of limitations and inadequacies in the implementation of laws; recommendations for measures to improve the effectiveness of law enforcement and perfect the legal system; recommendations for reviewing and handling responsibility for violations (if any) of the inspected entity.

6. Implementation of the inspection conclusion

a) The inspected entity and related public security units and localities must strictly implement the notification of the inspection conclusion and report the results to the advisory body for the person authorized to conduct the inspection.

b) The advisory body for the person authorized to conduct the inspection is the leading unit responsible for monitoring, urging, and supervising the inspected entity and related public security units and localities to implement the notification of the inspection conclusion.

7. Based on the functions and tasks assigned and the division of labor by the leadership of the Ministry, units under the Ministry have the responsibility to advise, report, and directly participate in inter-sectoral inspection teams regarding the implementation of laws in key and inter-sectoral fields as prescribed by law.

Article 7. Investigation and Survey on the Implementation of Laws

1. Investigation and survey on the implementation of laws shall be conducted by local police units to examine and assess the situation of law enforcement within their own units and regions. Such activities shall be carried out according to plans of the Ministry of Public Security or local police units when there are difficulties, obstacles, or inadequacies in practical implementation, or upon request from state agencies or competent authorities, including determining the purpose, subjects, content, units, time, and methods for conducting investigations and surveys.

3. The objects of investigation and survey include:

a) Local police units, People's Police officers, organizations, and individuals directly related to the implementation of laws in the selected fields for investigation and survey;

b) Experts and scientists knowledgeable about the selected fields for investigation and survey.

4. Investigations and surveys shall be conducted through questionnaires, seminars, roundtable discussions, direct interviews, and other appropriate forms.

Investigation and survey activities may be carried out independently or combined with other activities.

Article 8. Collection, Reception, and Processing of Information on the Implementation of Laws

2. Responsibilities for collecting, receiving, and processing information on the implementation of laws in the People's Public Security:

a) The Department of Legal Affairs and Administrative Reform collects, receives, and processes information on the implementation of laws within the scope of the Ministry of Public Security’s management nationwide.

b) Local police units collect, receive, and process information on the implementation of laws within the scope of their own unit and region’s management.

3. Information on the implementation of laws in the People's Public Security is collected and received from the following sources:

a) Reports on monitoring the implementation of laws by local police units;

b) Results of inspection, investigation, and survey activities on the implementation of laws;

c) Information from mass media;

d) Reflections and recommendations from organizations and individuals;

đ) Other information sources as prescribed by law.

4. Organizations and individuals can provide information on the implementation of laws in the People's Public Security through the following forms:

a) Sending documents directly to the police agency specified in Clause 2 of this Article;

b) At the reception office for citizens;

c) Through the Ministry of Public Security's Electronic Portal or the Electronic Website of local police units;

d) Other appropriate forms of information provision.

5. Information published on mass media and provided by organizations and individuals must be verified and cross-checked before being used to evaluate the implementation of laws. In cases where it is necessary to clarify the accuracy and objectivity of the collected and received information, local police units require organizations and individuals providing the information to explain in writing any related issues; conduct inspections and verifications (if deemed necessary).

6. Heads of local police units are responsible for receiving information on the implementation of laws. Information collection must comply with legal regulations on information collection and confidentiality.

7. The Department of Legal Affairs and Administrative Reform, units performing legal tasks under local police units take the lead and coordinate with relevant agencies, units, organizations, and individuals to assist the Minister and heads of local police units in verifying the authenticity of the information. Information on the implementation of laws is used as a basis for conducting inspections, investigations, and surveys on the implementation of laws as prescribed.

Article 9. Reviewing, evaluating, and handling the results of monitoring the implementation of laws

2. The Department of Legal Affairs and Administrative Reform and Justice shall be responsible for handling the results of monitoring the implementation of laws within its assigned areas; compile the handling of the results of monitoring the implementation of laws in the People's Public Security into annual reports sent to the Ministry of Justice; take the lead and coordinate with units under the Ministry's agencies and provincial-level public security agencies to assist the Minister in handling the results of monitoring the implementation of laws within the scope of the Ministry of Public Security's administrative management upon the request of the Ministry of Justice or other ministries and ministerial-level agencies within the assigned fields.

Article 10. Reports on the work of monitoring the implementation of laws

1. Periodic reports

Local-level public security agencies shall submit their reports to county-level public security agencies no later than one working day after finalizing the data; units directly under provincial-level public security agencies and county-level public security agencies shall submit their reports to provincial-level public security agencies no later than two working days after finalizing the data.

c) The period for finalizing the data for the report runs from December 1 of the previous reporting year to November 30 of the current reporting year.

2. Special topic reports, ad hoc reports

a) Special topic reports

Based on the Ministry of Public Security's key work program and the practical implementation of laws, units and local public security agencies shall identify key areas and focus on building special topic reports on the implementation of laws.

b) Ad hoc reports

Units and local public security agencies shall prepare ad hoc reports on the implementation of laws when requested by the Minister of Public Security or state agencies, persons with authority as prescribed by law, or when discovering issues or inadequacies in legal regulations that require timely measures to prevent potential losses.

Chapter IV

RESPONSIBILITIES IN MONITORING THE IMPLEMENTATION OF LAWS

OF LAWS

Article 11. Responsibilities of the Department of Legal Affairs and Administrative Reform, Justice

1. To take the lead and coordinate with units under the Ministry and provincial public security organs to assist the Minister in implementing oversight work on the implementation of laws within the scope of the Ministry of Public Security's administrative management, and to issue the annual plan for overseeing the implementation of laws of the Ministry of Public Security.

2. To guide, urge, and inspect public security units and localities in implementing oversight work on the implementation of laws within the People's Public Security.

3. To take the lead and coordinate with relevant units to advise and propose to the leadership of the Ministry to issue inspection plans; plans for investigating and surveying the implementation of laws within the People's Public Security; organize investigations and surveys; establish inspection teams and conduct inspections on the implementation of laws at public security units and localities.

4. To receive, compile, evaluate, and handle information about the implementation of laws provided by agencies, units, and individuals.

5. To coordinate with units under the Ministry and provincial public security organs to implement oversight work on the implementation of laws within the scope of their management.

6. To organize training and enhance the skills of officers and soldiers of the People's Public Security in performing oversight work on the implementation of laws.

7. To take the lead and coordinate with units under the Ministry and provincial public security organs to draft reports on the implementation of laws within the scope of the Ministry of Public Security's administrative management to be signed and issued by the Minister, and to send them to the Ministry of Justice for consolidation and reporting to the Government as prescribed.

1. Units under the Ministry and provincial public security organs shall be responsible for advising the Minister in implementing oversight work on the implementation of laws within the scope of their assigned fields and areas; conducting inspections on the implementation of laws within their assigned fields and areas and according to their forces; and carrying out other oversight activities on the implementation of laws as assigned.

2. Public security units and localities shall be responsible for overseeing the implementation of laws within their managed fields and areas and at their own units and localities, specifically:

a) Issuing and organizing the implementation of plans for overseeing the implementation of laws; plans for investigating and surveying the implementation of laws; coordinating to carry out inspections on the implementation of laws as stipulated in this Circular.

c) Implementing the reporting system on the implementation of laws as stipulated in this Circular.

d) Directing units to perform legal affairs tasks within their units to advise on the implementation of oversight work on the implementation of laws as stipulated in this Circular.

đ) Ensuring conditions for the implementation of oversight work on the implementation of laws.

3. Legal systems and units performing legal affairs tasks within public security units and localities shall take the lead and coordinate with related public security units and localities to advise and assist unit heads in implementing oversight work on the implementation of laws within their functions and tasks as assigned, specifically:

a) Guiding and urging the implementation of oversight work on the implementation of laws within units.

b) Taking the lead and coordinating with related public security units and localities to draft plans and conduct investigations, surveys, and inspections on the implementation of laws at their own units and localities.

c) Receiving, compiling, evaluating, and handling information on the implementation of laws provided by agencies, units, and individuals.

d) Advising and proposing the organization of training and enhancing skills in performing oversight work on the implementation of laws at their own units and localities.

đ) Drafting reports on the implementation of laws within their assigned functions and tasks as stipulated.

Chapter V

IMPLEMENTING PROVISIONS

Article 13. Implementation funds

1. The funds for implementing oversight work on the implementation of laws shall be allocated in the annual state budget for security expenditure assigned by the Ministry of Public Security to public security units and localities and other lawful sources as prescribed.

2. Annually, based on the plan for overseeing the implementation of laws, current state budget expenditure standards and norms, public security units and localities shall prepare the budget for implementing oversight work on the implementation of laws, which will be included in the annual security budget of the unit; manage, use, and settle accounts in accordance with state regulations and those of the Ministry of Public Security.

Article 14. Implementation clause

1. This Circular takes effect from November 20, 2022.

2. When the referenced documents for application in this Circular are amended, supplemented, or replaced by new documents, they shall be applied according to the amended, supplemented, or replacing documents from the date these documents come into effect.

Article 15. Responsibility for Implementation

1. The Department of Legal Affairs and Administrative Reform, Justice shall be responsible for advising the Minister to organize inspections, urging, and guiding the implementation of this Circular.

2. Heads of public security units and localities shall be responsible for organizing the implementation of this Circular.

3. During the implementation process, if there are difficulties or obstacles, public security units and localities, organizations, and individuals shall reflect to the Ministry of Public Security (through the Department of Legal Affairs and Administrative Reform, Justice) for guidance and clarification./.