Decision No. 527/QD-BTP Issuing the Action Program of the Judiciary Sector to Implement Resolution No. 06/NQ-CP dated March 7, 2012 of the Government on the Action Program of the Government for the 2011-2016 term

Pursuant to …;

Issuing the Action Program of the Justice Sector to Implement Resolution No. 06/NQ-CP dated March 7, 2012 of the Government on the Action Program of the Government for the 2011-2016 termof the Government issuing the Action Program of the Government for the 2011-2016 term

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 THE MINISTER OF JUSTICE

Pursuant to Decree No. 93/2008/ND-CP dated August 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to Resolution No. 06/NQ-CP dated March 7, 2012 of the Government issuing the Action Program of the Government for the 2011-2016 term;

At the proposal of the Director of the Department of Planning and Finance,

Pursuant to …;:

Article 1. Attached hereto is the Action Program of the Justice Sector to implement Resolution No. 06/NQ-CP dated March 7, 2012 of the Government issuing the Action Program of the Government for the 2011-2016 term.

Article 2. This Decision takes effect from the date of signature.

Article 3. Heads of units under the Ministry, Directors of Provincial Departments of Justice, Chiefs of Provincial/City Civil Enforcement Bureaus are responsible for implementing this Decision.

ACTION PROGRAM OF THE JUSTICE SECTOR

To implement Resolution No. 06/NQ-CP dated March 7, 2012 of the Government issuing the Action Program of the Government for the 2011-2016 term
(Issued together with Decision No. 527/QD-BTP dated April 3, 2012 of the Minister of Justice

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The Ministry of Justice has developed The Action Program of the Justice Sector to implement Resolution No. 06/NQ-CP dated March 7, 2012 of the Government issuing the Action Program of the Government for the 2011-2016 term based on closely following the main directions and tasks of the aforementioned Action Program; the orientations of the Strategy for Socio-Economic Development over 10 years 2011-2020 and the Directions and Tasks for National Development over 5 years 2011-2015 according to the Resolution of the 11th National Congress of the Communist Party of Vietnam, the contents of Resolution No. 10/2011/QH13 of the XIIIth National Assembly on the Plan for Socio-Economic Development over 5 years 2011-2015; Resolution No. 30c/NQ-CP of the Government dated November 8, 2011 on the Comprehensive Program for Administrative Reform of State Agencies during the period 2011-2020; Orientations for Judicial Work during the period 2011-2015, etc.

The Action Program of the Justice Sector to implement the Action Program of the Government for the 2011-2016 term (issued together with Resolution No. 06/NQ-CP of the Government dated March 7, 2012) focuses on the following main contents:

Part I

MAIN TASKS

1. Strengthening tasks to continue improving the legal system, focusing on perfecting the institutional framework for a socialist-oriented market economy, restructuring the economy, contributing to macroeconomic stability within the scope of the functions and tasks of the Justice Sector

Playing the role of a trusted advisory body of the Party, the National Assembly, the Government, ministries, sectors at the central level, and local authorities in policy-making, law-making, and judicial work, building and perfecting the institutional framework and policies for national development, especially serving macroeconomic stability, economic restructuring towards enhancing productivity, quality, efficiency, and competitiveness to achieve sustainable development goals, and promoting the construction of a socialist rule-of-law state. In the 2011-2016 period, focus on the following main tasks:

1.1. Continue actively advising the Government on researching and proposing amendments and supplements to the 1992 Constitution

Based on the results of reviewing the implementation of the 1992 Constitution, the Justice Sector will concentrate all resources and intellect of the entire sector on helping the Government propose amendments and supplements to the 1992 Constitution in a direction that ensures political renewal consistent with economic reform, with a focus on a comprehensive state machinery model suitable for building a socialist rule-of-law state, institutional arrangements for the division, coordination, and oversight among legislative, executive, and judicial bodies, constitutional mechanisms to ensure human rights and citizens' rights, and the perfection of the institutional framework for a socialist-oriented market economy.

1.2. Continuing to innovate and improve the quality of preparatory work for the annual draft legislative program of the National Assembly

- Drafting the Government's proposal on the legislative program of the National Assembly for 2013 and each year; adjusting and supplementing the annual legislative program of the National Assembly (if necessary).

- Drafting and submitting to the Prime Minister for assignment and organization of implementation of the legislative program of the National Assembly for the XIIIth term and each year within the assigned scope of the sector, urging and inspecting the drafting of laws and decrees and guiding documents for their implementation.

- Drafting the Government's proposal on the legislative program of the National Assembly for the XIVth term with a priority on including projects related to the three breakthroughs in the Strategy for Socio-Economic Development 2011-2020.

1.3. Promoting activities to innovate the process of drafting normative legal documents

- Advising on the drafting of a new Law on the Issuance of Normative Legal Documents to consolidate the two existing Laws on the Issuance of Normative Legal Documents in a direction that innovates the process of drafting normative legal documents in accordance with the spirit of unifying the process of drafting normative legal documents at both central and local levels, reducing the forms of normative legal documents to create common standards in the drafting process, ensuring the consistency and coherence of the national legal system. Urgently organizing research and drafting a proposal on criteria for identifying normative legal documents and the system of normative legal documents in the context of building a socialist rule-of-law state to form a solid theoretical foundation for the drafting of the aforementioned consolidated Law on the Issuance of Normative Legal Documents.

1.4. Concentrating on drafting the assigned legislative projects according to the legislative program of the National Assembly for the XIIIth term and each year, ensuring quality and schedule

Urgently build and submit for revision and supplementation of laws related to perfecting the institutional framework of a socialist-oriented market economy, and draft some laws to concretize the basic rights of citizens as stipulated in the Constitution, such as: The Civil Code (revised), The Criminal Code (revised), Law on Administrative Violations Handling, Law on Auction Sale of Assets, Law on Registration of Security Interests, Law Amending and Supplementing Certain Provisions of the Law on Marriage and Family, Law on Household Registers, Law on Notarization, etc., and proactively and actively build guiding documents for implementation.

1.5. Improve the quality of work in reviewing legal normative documents, prioritizing adequate human and resource allocation to ensure review of draft legal normative documents related to perfecting the institutional framework of a socialist-oriented market economy and administrative reform under conditions of building a socialist rule-of-law state.

- Build and submit to the Minister for issuance of annual plans assigning units to take the lead, coordinate in reviewing, and provide comments on draft legal normative documents. Pay special attention to measures to prioritize adequate human and resource allocation to ensure timely and quality reviews of draft legal normative documents regulating legal relations related to economic restructuring, curbing inflation, and stabilizing macroeconomic fundamentals.

- Units assigned to take the lead, participate in drafting, reviewing, and providing comments on documents shall be responsible for allocating competent officials with deep expertise to expedite the drafting process, provide comments, and ensure the progress and quality of the review of legal normative documents.

1.6. Strengthen the work of systematizing, codifying, inspecting, and reviewing legal normative documents in conjunction with major tasks related to socio-economic development.

- Complete the codification project of the legal normative system and guiding documents for implementation.

- Regularly conduct inspections, handle, review, and systematize legal normative documents within their authority, especially those related to economic restructuring and macroeconomic stability to promptly identify and proactively amend or supplement laws and legal normative documents to address inadequacies and limitations, moving towards a unified, coherent, accessible, and applicable legal system that meets international integration requirements.

1.7. Activities led and coordinated in drafting legal normative documents, reviewing, inspecting, reviewing, and systematizing legal normative documents, and monitoring the enforcement of laws within the scope of responsibility of the Sector focus on several key areas as follows to effectively serve socio-economic development:

- Perfect the institutional framework regarding ownership, encouraging diverse forms of ownership and types of enterprises, ensuring the legitimate rights and interests of different owners in the economy, and ensuring fair and transparent competition among enterprises of all economic sectors.

- Ensure freedom of business and equality among economic sectors. Continue to vigorously reform and improve the efficiency of state-owned enterprises, particularly economic groups and corporations...

- Contribute to completing the legal system and policies on land: innovate and perfect the institutional framework so that land and real estate rights operate according to market mechanisms; link land management with urban management and development, real estate market development, and address wastage and corruption in land use...

- Perfect mechanisms and policies to promote the healthy and efficient operation of various securities, financial, labor, science and technology markets, etc.

1.8. Continue to effectively implement the Intersectoral Legal Support Program for Enterprises during the 2010-2014 period.

Synchronize activities to provide legal support for enterprises to create fundamental changes in legal awareness, legal consciousness, and compliance habits of enterprises, establish necessary conditions to facilitate the enforcement of laws by enterprises, help enterprises operate effectively, prevent legal risks, enhance enterprise competitiveness, and contribute to improving state management through law over enterprises, especially in the context of state-owned enterprise restructuring, focusing on economic groups and state-owned corporations.

- Develop and effectively implement annual plans for implementing the Intersectoral Legal Support Program for Enterprises during the 2010-2014 period;

- Summarize and evaluate the results of the Program, propose directions for legal support activities for enterprises until 2020 to report to the Prime Minister.

2. Strengthen activities aimed at creating legal and judicial human resources to improve the quality of national human resources, particularly high-quality human resources.

Vigorously reform legal education and judicial positions to create high-quality legal and judicial human resources to serve the cause of building a socialist rule-of-law state and international integration:

- Continue to complete and submit draft "Comprehensive Plan to Improve the Quality of Training Institutions of Hanoi University of Law, Ho Chi Minh City University of Law, and Judicial Academy"; complete the construction of the "Pilot Project for Joint Training of Judges, Prosecutors, and Lawyers from 2012-2015" and urgently implement after approval. Study the construction of the Draft Ordinance on Training of Judicial Positions.

- Continue to effectively implement the Project on Developing the Lawyer Workforce to Serve International Integration.

3. Implement tasks aimed at ensuring social welfare, poverty reduction, cultural and social development linked to economic development, tasks under national target programs, etc.

- Review and assess the implementation of legal aid policies for the poor according to Resolution 80/NQ-CP of the Government on sustainable poverty reduction orientation for the period 2011-2020; continue implementing legal support policies for poor districts according to Decision No. 52/QD-TTg of the Prime Minister and Resolution 30a/2008/NQ-CP.

- Effectively implement the Legal Aid Strategy until 2020 and vision until 2030; draft the Law amending and supplementing certain articles of the Legal Aid Law and guiding documents for its enforcement.

- Actively implement activities assigned to the Ministry of Justice under the National Program for Child Protection from 2011 to 2015 such as: studying and supplementing, amending the legal system and policies on judicial matters for minors; enhancing awareness and improving capacity on judicial matters for minors among law enforcement officers, etc.

- On the basis of the National Strategy on Gender Equality for the period 2011-2020, organize the effective implementation of the Action Plan on Gender Equality of the Judicial Sector for the period 2011-2015 to ensure gender equality requirements during the implementation of tasks within the management scope of the Judicial Sector.

- Implement activities to review, study amendments and supplements to legal documents on preventing and combating prostitution according to the responsibilities assigned within the framework of the National Action Plan on Preventing and Combating Prostitution for the period 2011-2015 such as: studying to improve sanctions for violations of laws on preventing and combating prostitution in criminal law and administrative offenses, etc.

4. Actively and proactively implement tasks within the State management scope on judicial affairs and laws assigned to contribute to expanding and enhancing the effectiveness of external activities and international integration.

- Organize the effective implementation of the Civil Procedure Law and the Mutual Legal Assistance Agreements signed with other countries; carry out research activities to prepare for amending and supplementing this Law; propose expanding cooperation with countries and territories where Vietnam has needs for mutual legal assistance, contributing to strengthening overall cooperative relations between Vietnam and these countries and territories.

- Proactively review and propose improvements to the domestic legal system according to the requirements of integration; comprehensively review and assess the implementation of international treaties and agreements on legal and judicial cooperation chaired by the Ministry that are currently in effect: Review Vietnamese legal documents to implement the ASEAN Charter and ASEAN documents; develop a project to evaluate the impact of the legal system five years after joining the WTO of Vietnam, etc.

- Develop and complete projects: study the possibility of joining the Hague Convention on the Recognition of Decisions on Maintenance Obligations; about serving judicial and extrajudicial documents; study the possibility of joining the Hague Conference on Private International Law; Project researching the role and procedures for the Ministry of Justice to participate in representing the Government in resolving international trade and investment disputes in which the Vietnamese Government is a party, etc.

- Continue to implement Directive No. 39-CT/TW dated December 9, 2009 of the Politburo as well as other Party and State documents on cooperation with foreign countries on laws, administrative reform, and judicial reform. Urgently build a Decree to replace Decree No. 78/2008/NĐ-CP on managing cooperation with foreign countries on laws.

- Consolidate and strengthen international cooperation on laws and judiciary with countries, regions, and international organizations; expand cooperation with potential partners; focus on strengthening cooperation with traditional partners.

5. Promote the implementation of administrative and judicial reforms; enhance the effectiveness of state management; strengthen anti-corruption efforts in areas under the management scope of the Judicial Sector.

5.1. Effectively implement tasks within the Overall Administrative Reform Program for the period 2011-2020 within the scope of the Ministry's responsibilities.

- Develop programs and plans of the Ministry of Justice to implement the Overall Administrative Reform Program for the period 2011-2020, ensuring comprehensive coverage of contents on institutional reform, administrative procedure reform, administrative organization reform, building and improving the quality of the civil servant workforce, financial reform, and administrative modernization within the Ministry's and sector's responsibilities. Among them, focus on the following tasks:

+ Tasks assigned to the Ministry of Justice to lead the implementation of the Program: monitoring and summarizing the implementation of institutional reform tasks; innovating and improving the quality of work in issuing regulatory legal documents.

+ Draft the Ordinance Project amending and supplementing related Ordinances concerning administrative procedures (implementing simplification of administrative procedures according to Project 30). Review and strictly control the issuance of new administrative procedures in legal documents within the Ministry's responsibility, focusing on simplifying administrative procedures related to business and citizen activities.

+ Enhance the quality and effectiveness of coordination work among agencies and organizations within the Ministry and the Judicial Sector.

+ Proactively coordinate with the Ministry of Home Affairs to organize research and drafting amendments, supplements, and improvements to the system of job standards for civil servants and officials in the Judicial Sector.

+ Develop the structure of civil servants of the Ministry of Justice based on job positions according to criteria of rationality, science, and feasibility to contribute to building a professional cadre of civil servants, improving the quality of judicial cadres from central to local levels, especially those directly involved in drafting regulatory legal documents, advisory synthesis, and leadership officials, etc.

+ Coordinate with relevant ministries and sectors to develop incentive policies for judicial cadres and officials within the scope of authority granted by law.

5.2. Strengthen the implementation of tasks related to judicial reform in conjunction with administrative reform, enhancing the management capacity of the state within the scope of responsibility of the Ministry of Justice and judicial sectors.

a) Reform the mindset of state management regarding judicial support work towards socialization, while promoting the self-management role of professional organizations of lawyers, notaries, and judicial appraisers:

- Complete the drafting of the Law amending and supplementing certain articles of the Lawyers Law and guiding documents for its implementation; conduct research and summarize practical experiences to propose the drafting of the Law on Auction Sale of Assets, the Law amending and supplementing certain articles of the Notarization Law and guiding documents for its implementation;

- Continue to take the lead, coordinate, and urge relevant ministries, agencies, and organizations to effectively implement the Plan for Implementing the Project "Developing the Lawyer Workforce to Serve International Economic Integration from 2010 to 2020" issued pursuant to Decision No. 123/QĐ-TTg dated January 18, 2010 of the Prime Minister;

- Continue to study and promptly propose measures to further promote the process of socializing the notarization sector to meet the increasingly high demands of the people and society, ensuring the legal safety of transactions and economic and social stability. In particular, focus on monitoring, urging, and inspecting the implementation of regulations on transferring the authentication of contracts and transactions currently carried out by district and commune People's Committees to notary offices at the district level that meet the requirements for notarization under Decree No. 88/2009/NĐ-CP dated October 19, 2009 of the Government. Continue to implement the establishment of professional associations of notaries in some large provinces and cities as a basis for establishing a national notary association, moving towards joining the Latin American Notary Federation. Urgently complete the planning of notary practice organizations in Vietnam until 2020;

- Focus on effectively implementing the project to innovate and enhance the efficiency of judicial appraisal activities and effectively implement the Law on Judicial Appraisal;

b) Enhance the effectiveness of law enforcement work linked to key tasks in economic and social development;

- Strengthen general oversight of law enforcement. Improve the institutional framework for general oversight of law enforcement: complete the drafting of the Decree on General Oversight of Law Enforcement; study and propose the drafting of documents on mechanisms to control the issuance of new administrative decisions by all levels of government;

- Enhance the effectiveness and continue to make solid progress in civil execution work; strive to basically resolve the backlog of cases by 2015; implement well the assigned tasks on administrative execution, summarize and widely apply models of Notaries Public. Continue to study to create a solid theoretical and practical foundation for the drafting of the Project on a unified management model for execution work;

Complete the drafting of documents and projects such as: Decree amending and supplementing certain articles of Decree No. 74/2009/NĐ-CP dated September 9, 2009 of the Government detailing and guiding the implementation of certain provisions of the Civil Execution Law concerning civil execution management agencies, civil execution agencies, and civil execution officers; Project to resolve the backlog of civil execution cases; Project to pilot Notaries Public in some localities (outside Ho Chi Minh City). Study and draft the Law amending and supplementing certain articles of the Civil Execution Law;

c) Strengthen the institutional framework and enhance the effectiveness of management of administrative judicial activities, focusing on drafting the Civil Status Registration Law, ensuring that administrative judicial work serves effectively and reliably the planning and implementation of management and development of human resources in each locality and nationwide. Urgently draft the Decree amending Decree No. 158/2005/NĐ-CP dated December 27, 2005 of the Government on civil status registration management to ensure consistency with the progress of drafting the Civil Status Registration Law. Actively draft Decrees such as: Decree amending Decree No. 68/2002/NĐ-CP and Decree No. 69/2006/NĐ-CP of the Government on marriage and family relations involving foreign elements; Decree amending and supplementing certain articles of Decree No. 79/2007/NĐ-CP of the Government on issuing certified copies from original registers, certifying copies from originals, certifying signatures, etc.;

d) Systematically and scientifically implement criminal record work. Organize the drafting of the Strategy for Developing Criminal Records until 2020, vision until 2030, and urgently draft projects for national criminal record databases in paper form and electronic data;

đ) Create significant changes in nationality, adoption, and state compensation work. Urgently complete the project to implement Hague Convention No. 33 on the Protection of Children and Cooperation in Inter-Country Adoption;

e) Perfect the institutional framework in the field of legal education and dissemination: perfect the Draft Law on Legal Education and Dissemination and guiding documents, and effectively implement other tasks under the Action Program to Implement Conclusion No. 04/KL/TW dated April 19, 2011 of the Politburo on the results of implementing Directive No. 32-CT/TW;

Continue to effectively implement tasks under the Government's Legal Education and Dissemination Program 2008-2012; projects on legal education and dissemination aimed at raising awareness of law compliance among young people; Project to disseminate and educate about laws on preventing and combating corruption; United Nations Convention against Corruption among cadres, civil servants, public officials, and the people, etc. Proactively participate in research activities contributing to improving the character of Vietnamese people in terms of law compliance;

g) Enhance the effectiveness of mediation work and continue to perfect the institutional framework in the field of mediation: organize the drafting of the Law on Mediation at the Grassroots Level and guiding documents.

h) Establish and implement the Industry Development Strategy and other fields under the Industry's management to meet the requirements of new circumstances. Study and review to reasonably define the functions, tasks, and authorities of each judicial agency, especially at the district and commune levels, thereby improving organizational structures and appropriate management mechanisms. Strengthen and enhance the quality of operations of legal institutions of Ministries, sectors, specialized agencies of provincial People's Committees, and state-owned enterprises, striving for most specialized agencies of provincial People's Committees to have dedicated units responsible for legal affairs by 2015.

Draft and perfect the Decree to replace Decree No. 93/2008/ND-CP of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice; draft and perfect the Circular Jointly Issued to replace Circular Jointly Issued No. 01/2009/TTLT-BTP-BNV of the Ministry of Justice and the Ministry of Home Affairs guiding the functions, tasks, powers, and organizational structure of the Department of Justice under provincial People's Committees, the Justice Office under district People's Committees, and the justice work of commune People's Committees.

Continue to vigorously promote planning, training, and capacity building for the cadre and civil servants of the judiciary in both professional expertise and occupational ethics. Urgently implement the first phase tasks of the Human Resource Development Plan of the Judiciary Sector for the period 2011-2020. Focus resources on establishing Law Colleges in key areas.

Continue to implement Decree No. 55/2011/ND-CP of the Government stipulating the functions, tasks, powers, and organizational structure of legal institutions to enhance the capabilities of legal institutions at the central and local levels; complete and submit for approval by higher authorities the Project "Strengthening the Capacity of Cadres, Civil Servants, and Legal Officers of Central and Local Departments" according to Resolution No. 48-NQ/TW of the Politburo on the Strategy for Building and Perfecting Vietnam's Legal System until 2010 with a vision to 2020.

Proactively participate in developing legal standards for cadres and civil servants: coordinate with the Ministry of Home Affairs to study, develop, and announce mandatory legal standards for cadres and civil servants within the state administrative system.

5.3. Firmly and comprehensively implement measures to prevent and combat corruption in fields under the Industry's management.

Enhance preventive measures to curb and push back corrupt behavior. Emphasize the responsibility of heads of agencies and units. Strengthen inspection and supervision to promptly detect, correct, and handle deficiencies and violations in the State management activities of the Industry and compliance with policies and laws by organizations and individuals, focusing on areas such as civil enforcement; budget management, assets, and basic construction, etc.

Timely resolve, in accordance with the law, complaints, reports, and public grievances within the Industry's jurisdiction. Concentrate on effectively resolving complaints and reports regarding civil enforcement.

Part Two

IMPLEMENTATION

1. Based on this Program, Heads of Units under the Ministry, Directors of Provincial Justice Departments, and Chiefs of Civil Enforcement Bureaus of provinces and centrally-administered cities shall be responsible for:

- Implementing the main tasks set out in this Action Program; concretizing them into annual legal work plans of their agencies, units, and localities; annually reporting to the Ministry of Justice so that the Ministry can compile and report to the Ministry of Planning and Investment to the Government.

- Continuing to review, study, and propose the establishment or amendment of main tasks within the scope of national management over legal affairs and justice to the Government and Prime Minister for inclusion in the annual Action Programs of the Government and the Judiciary Sector to implement the annual socio-economic development plan and throughout the Government's term of office from 2011 to 2016.

2. For specific tasks not mentioned in this Program, agencies and units within the Industry need to immediately organize implementation to timely serve the socio-economic development needs of the industry and locality.

3. The Vietnam Law Newspaper, the Journal of Democracy and Law, and the Information Technology Bureau shall organize various forms of information dissemination and popularization of the content and implementation process of this Action Program.

4. The Director of the Planning and Finance Department shall take the lead, coordinating with the Head of the Ministry's Office, the Directors of the Cadre and Civil Service Organization Department, the Director of the Department of Awards and Commendations, and the Heads of Units under the Ministry to urge, monitor, and inspect the implementation of the Program; regularly report and make recommendations to the Minister on necessary measures to ensure the Program is fully, effectively, comprehensively, and timely implemented.

5. During the implementation process, if it is deemed necessary to amend or supplement specific contents in this Action Program, units shall proactively coordinate with the Planning and Finance Department to report to the Minister for consideration and decision.