Decree No. 59/2012/ND-CP on Monitoring the Implementation of Laws

DECREE

Vrelating to monitoring the implementation of laws

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Pursuant to the Law Torganization C"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."hereinafter referred to as the DecreeDeputy ministers of ministerial-level agencies, December 25, 2001;

WHEREAS,ứ Law is agencies and organizations registered to participate in the System with one or more roles as follows: function of the People's Committeeồand the People's Assembly DECREES:Civil servants, heads of state administrative agencies who do not strictly comply with the regulations on implementing accountability as stipulated in this Decree shall be subject to handling according to the provisions of the laws on civil servants and public officials depending on the nature and severity of the violation.âon June 26 11 2003;

At the proposal of the Minister of Justice,

h"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."This Decree stipulates the organization and management and operation of defense and security enterprises.on relating to monitoring the implementation of laws.

Chapter I

GENERAL PROVISIONS

2. The staff member receiving the application shall compare the information in the citizen's application file with the information in the National Population Database and the Citizen Identification Card Database and handle as follows:无效ealth

This Decree stipulates the contents and activities of monitoring the implementation of laws and the responsibilities of state agencies in the work of monitoring the implementation of laws.ìThe situation of the implementation of laws and the responsibilities of state agencies in the work of monitoring the situation of the implementation of laws.

3. Amend Clause 3 Article 2 as follows:Article 2. Scope of applicationnationalThe amount of fees collected for food safety and hygiene work shall be implemented according to the schedule of fees attached to this Circular.

This Decree applies to Ministries, ministerial-level agencies, and agencies under the Government, DECREES:y committees, People's Councils at the same level regulating matters within their functional and managerial responsibilities.of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsin the work of monitoring the implementation of laws.ìThe situation of the implementation of laws.

Article 3. Purpose đof monitoring the situation of the implementation of lawsõMonitoring the situation of the implementation of laws aims to examine,

evaluate the actual situation of the implementation of laws, propose measures to improve the effectiveness of the implementation of laws and perfect the legal system.Average loan repayment period is 10 years;Article 4. Principles of monitoring the situation of the implementation of laws đObjectivity, transparency, and clarity.itselfRegularity, comprehensiveness, with focus and priority.n l Combining monitoring the situation of the implementation of lawsệ ENVIRONMENTNo.by sector

and by region.° Ensuring close coordination among agencies and organizations during the process of monitoring the situation of the implementation of laws; avoiding overlap and duplication with activities within the scope of duties and powers of state agencies as prescribed by law.ìMobilizing the participation of political organizations, socio-political organizations, social organizations

1. - professional associations, and the people.ngThe Ministry of Justice monitors the situation of the implementation of laws nationwide.

2. Ministries and ministerial-level agencies monitor the situation of the implementation of laws within their respective sectors and fields. Agencies under the Government monitor the situation of the implementation of laws within their assigned fields.

3. Legal affairs units at Ministries, ministerial-level agencies, and agencies under the Government take the lead and coordinate with units under these agencies to assist Ministers, Heads of ministerial-level agencies, and Heads of agencies under the Government in monitoring the situation of the implementation of laws.uUnits under Ministries, ministerial-level agencies, and agencies under the Government assist Ministers, Heads of ministerial-level agencies, and Heads of agencies under the Government in monitoring the situation of the implementation of laws within their assigned fields.People's Committees at all levels monitor the situation of the implementation of laws within their jurisdiction in their respective localities. Departments of Justice, Justice offices at district level, and civil servants in charge of Justice and Household Registration at commune level take the lead and coordinate with specialized agencies underton.

4. People's Committees at provincial and district levels, and civil servants in charge of specialized work under Commune People's Committees in monitoring the situation of the implementation of laws within their jurisdiction in their respective localities.uSpecialized agencies under People's Committees at provincial and district levels, and civil servants in charge of specialized work under

5. Commune People's Committees assist People's Committees at the same level in monitoring the situation of the implementation of laws within their assigned fields.i Legal affairs units at specialized agencies under People's Committees at provincial level advise and assist heads of specialized agencies in monitoring the situation of the implementation of laws.

Article 5. Scope of Responsibility for Monitoring Legal Implementation Situations

1. Article 6. Participation of organizations and individuals in monitoring activities

2. Organizations and individuals have the right to participate in monitoring activities. lMinistries, ministerial-level agencies, agencies under the Government, and People's Committees at all levels have the responsibility to create conditions and encourage the participation of organizations and individuals in monitoring activities.

Based on specific conditions and requirements of the work of monitoring the situation of the implementation of laws, Ministries, ministerial-level agencies, agencies under the Government, and People's Committees at all levels mobilize the Vietnam Bar Association, the Vietnam Chamber of Commerce and Industry, lawyers' associations, social organizations, research and training institutions, experts, and scientists who meet the necessary criteria to participate in monitoring activities as cooperating partners.o Ministries, agencies equivalent to ministries, and government agencies shall provide advisory support and assist the Ministers, Heads of agencies equivalent to ministries, and heads of government agencies in monitoring the implementation of laws.

Agencies and units under ministries, agencies equivalent to ministries, and government agencies shall provide advisory support and assist the Ministers, Heads of agencies equivalent to ministries, and heads of government agencieso in monitoring the implementation of laws within their assigned fields.

To direct competent agencies to regularly inspect to ensure correct implementation of the policy, prevent waste and corruption, and annually report results to the Ministry of Finance and the Ministry of Education and Training for compilation and reporting to the Prime Minister.People's Committees at all levels shall monitor the implementation of laws within their jurisdictional areas.

The Department of Justice, Justice Office, and civil servants in charge of Justice and Civil Status at the commune level shall take the lead and coordinate with specialized agencies under DECREES:the provincial People's Committee, district People's Committee, and civil servants in charge of specialized work under the commune-level People's Committee in monitoring the implementation of laws within their jurisdictional areas.

specialized agencies under the provincial People's Committee, district People's Committee, and civil servants in charge of specialized workêunder DECREES:the commune-level People's Committee shall provide advisory support and assist the same-level People's Committee in monitoring the implementation of laws within their assigned fields.

Legal systems organizations under specialized agencies under the provincial People's Committee shall provide advisory support and assist the heads of specialized agencies in monitoringìThe situation of the implementation of laws.

Article 6. Participation of Organizations and Individuals in Monitoring the Implementation of Lawsìvề thực hiện pháp luật

1. Organizations and individuals have the right to participate in activities for monitoring the implementation of laws.

2. Ministries,o agencies equivalent to ministries, government agencies, and People's Committees at allof the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairslevels have the responsibility to create conditions and encourage the participation of organizations and individuals in activities for monitoring the implementation of laws.

3. Based on specific conditions and requirements of the work of monitoring the implementation of laws, Ministries, agencies equivalent to ministries, government agencies, and People's Committees at all levels mobilize the Vietnam Bar Federation, the Vietnam Chamber of Commerce and Industry, social and occupational associations, research and training organizations, experts, and scientists who meet the criteria to participate in activities for monitoring the implementation of laws through a cooperative mechanism.onof laws

Chapter II

CONTENTS OF MONITORING THE IMPLEMENTATION OF LAWS

Article 7. Content of monitoring the implementation of lawsi Conditions for ensuring the implementation of laws

Ministries, ministerial-level agencies, agencies under the Government, People's Committees at all levels shall monitor the implementation of laws based on reviewing and assessing the following contents:

1. The situation of issuing detailed regulatory documents to implement normative legal documentsJune 2024;13. Regarding water resources:

2. The situation of ensuring conditions for implementing laws;

3. The compliance with laws.

Article 8. Contents of Examining and Evaluating the Situation Regarding the Issuance of Detailed Regulations Implementing Normative Legal Documents

1. The timeliness and completeness of issuing detailed regulatory documents.

2. The consistency and synchronization of documents.

3. The feasibility of documents.

Article 9. Content of reviewing and evaluating the situation of ensuring conditions for implementing lawsìEnsuring conditions for the implementation of laws

1. The timeliness, completeness, appropriateness, and effectiveness of training and disseminating laws.

2. The appropriateness of organizational structure; the level of human resource availability for implementing laws.

3. The level of financial and material support availability for implementing laws.

Article 10. Contents of Examining and Evaluating Compliance with Laws

1. The timeliness and completeness of law implementation by state agencies and persons with authority.

2. The accuracy and consistency in guiding the application of laws and in applying laws by state agencies and persons with authority.o State agencies and persons responsible forrime Minister chaving such authority.

3. The level of compliance with laws by agencies, organizations, and individuals.

Chapter III

ACTIVITIES OF MONITORING THE IMPLEMENTATION OF LAWS

Article 11. Collection of information on the implementation of laws

1. Ministries, ministerial-level agencies, agencies under the Government, People's Committees at all levels shall compile information on the implementation of laws from reports of state agencies specified in Articles 16 and 17 of this Decree according to the following contents:

a) The number, form, and name of detailed regulatory documents to implement normative legal documents; the number, form, and name of delayed issued documents and reasons for delay; the number of inconsistent, unsynchronized documents and low feasibility;

b) The content, form of training and disseminating laws that have been implemented; the current status of organizational structure, human resources, financial and material conditions for implementing laws;

c) The situation of guiding the application of laws, the situation of applying laws by state agencies and persons with authority;

d) The situation of handling violations of laws.

2. Ministries, ministerial-level agencies, agencies under the Government, People's Committees at all levels collect information on the implementation of lawsof the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairspublished on mass media and provided by organizations and individuals.ìthe implementation of laws shall be published on mass media and information provided by organizations and individuals.

Organizations and individuals may directly provide information on the implementation of laws or through the websites of ministries, ministerial-level agencies, government agencies, and People's Committees at all levels.

Information published on mass media and information provided by organizations and individuals must be verified and cross-checked before being used to assess the implementation of laws.

Article 12. Inspection of the implementation of lawsiInspect the situation ofi Conditions for ensuring the implementation of laws

1. Ministries, ministerial-level agencies, agencies under the Government, People's Committees at all levels collect information on the implementation of lawsof the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home AffairsInspect the implementation of laws within the scope of responsibility prescribed in Article 5 of this Decree to promptly identify difficulties, obstacles, limitations in the implementation of laws and deficiencies, inconsistencies in the legal system.developmentAgencies, organizations, and individuals are responsible for implementing the requirements of the inspection agency as prescribed by law.i Ministries, ministerial-level agencies, agencies under the Government, People's Committees at all levels conduct investigations and surveys according to the requirements of the situation of implementing laws in specific fields, areas, and subjects through questionnaires, seminars, direct interviews, and other appropriate forms.

2. Agencies, organizations, and individuals lInvestigations and surveys can be conducted through a cooperative mechanism.

Article 13. Investigation and Survey of Law Enforcement Situations

1. Based on the results of information collection, inspection, investigation, and survey of the implementation of laws, Ministries, ministerial-level agencies, agencies under the Government, People's Committees at all levels handle within their authority or propose relevant authorities to handle the results of monitoring the implementation of laws according to the following contents:nationalTimely issuance of detailed regulatory documents to implement normative legal documents;

2. Implement measures to enhance the effectiveness of training and disseminating laws; ensure organization, staffing, finance, and other conditions for implementing laws;development Promptly organize the implementation of normative legal documents that have taken effect;

Article 14. Handling Results of Monitoring Law Enforcement Situations

1. Implement measures to ensure the accuracy and consistency in guiding the application of laws and in applying laws;ìImplement other measures to improve the effectiveness of law implementation and perfect the legal system.

a) Timely promulgation of detailed regulations to implement legal normative documents;

b) Ministries, ministerial-level agencies, provincial People's Committees are responsible for handling the results of monitoring the implementation of laws upon the proposal of the Ministry of Justice or relevant ministries and ministerial-level agencies within their respective sectors and fields of management.

c) Lower-level People's Committees are responsible for handling the results of monitoring the implementation of laws upon the request of higher-level People's Committees.

d) Submit to competent authorities for promulgation or promulgate within their authority normative legal documents on monitoring the implementation of laws.

đ) Amending, supplementing, or promulgating new normative legal documents;

e) Submit to the Prime Minister for promulgation of National Statistical Indicators as a basis for reviewing and evaluating the implementation of laws as prescribed in this Decree.

2. Guide, urge, inspect Ministries, ministerial-level agencies, agencies under the Government, provincial People's Committees in performing the work of monitoring the implementation of laws.ìTake the lead, coordinate with Ministries, ministerial-level agencies, agencies under the Government, and related agencies to monitor the implementation of laws nationwide and in cross-sectoral fields with many difficulties, obstacles, and inconsistencies in practice.

Annually report to the Prime Minister on the work of monitoring the implementation of laws nationwide before November 15.° Perform the responsibilities prescribed in Article 16 of this Decree.

Reciprocal needsoenergy IV

RESPONSIBILITIES OF STATE AGENCIES IN MONITORING LAW ENFORCEMENT SITUATIONS

Article 15. Responsibilities of the Ministry of Justice

1. Direct, guide, urge, and inspect subordinate agencies and units in performing the work of monitoring the implementation of laws.

2. Issue Sectoral Statistical Indicators as a basis for reviewing and evaluating the implementation of laws as prescribed in this Decree.

3. Draft and implement the Plan for Monitoring the Implementation of Laws of Ministries, ministerial-level agencies, agencies under the Government.

4. Handle the results of monitoring the implementation of laws as prescribed in Article 14 of this Decree.

5. Ensure conditions for performing the work of monitoring the implementation of laws.

6. Annually report to the Ministry of Justice on the work of monitoring the implementation of laws before October 15.

Article 16. Responsibilities of Ministries, Ministerial-Level Agencies, and Agencies Under the Government

1. Responsibilities of People's Committees at all levels

2. Direct, guide, urge, and inspect specialized agencies under the same-level People's Committee,

3. Develop and implement the Plan for monitoring the implementation of laws of Ministries, agencies equivalent to ministries, and government agencies.

4. Handle the results of monitoring the situation ofõthe implementation of laws in accordance with Article 14 of this Decree.

5. Ensure conditions for the performance of work to monitor the implementation of laws.

6. Report annually to the Ministry of Justice on the work of monitoring the implementation of laws before October 15 each year.

Article 17. Responsibilities of People's Committees at all levels

1. Direct, guide, urge, and inspect specialized agencies under the same-level People's Committee, DECREES:support lower-level people's committees in their work to monitor the implementation of laws at the local level.

2. Issue and implement Plan Kpolicies for monitoring the situation of law enforcement by the People's Committee.

3. Handle the results of monitoring the situation of law enforcement in accordance with Article 14 of this Decree.

4. Ensure conditions for the performance of work to monitor the implementation of laws.

5. Annually, provincial People's Committees report to the Ministry of Justice on the work of monitoring the situation of law enforcement before October 15.

The People's Committees at the district and commune levels implement reporting on the work of monitoring the implementation of laws according to the requirements of the directly superior People's Committee.

Article 18. Coordination in Monitoring the Implementation of Laws

Ministries, ministerial-level agencies, government agencies, People's Committees at all levels shall cooperate with the People's Procuracy, People's Courts, the Vietnam Fatherland Front, and related organizations in carrying out the work of monitoring the situation of law enforcement.

Chapter V

IMPLEMENTING PROVISIONS

Article 19. Funding for monitoring the implementation of laws

Funding for the work of monitoring the situation of law enforcement by agencies and units at which level is guaranteed by the state budget at that level and included in the annual state budget estimates of those agencies and units. The preparation of budgets and allocation of funds are carried out in accordance with the State Budget Law and detailed regulations and guidance documents.õThis Decree takes effect from October 1, 2012.

The Minister of Justice is responsible for guiding and supervising the implementation of this Decree. lImplementation

1. People's Committees at all levels are responsible for implementing

2. The Minister of Justice is responsible for guiding and inspecting the enforcement of this Decree.

3. The Minister, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairpersons DECREES:People's Committees at all levels are responsible for enforcingâthis Decree. ADJUSTMENT 2. Civil servants, officials, and officers belonging to the armed forces working directly and regularly in the field of foreign affairs and international integration shall be recognized as being proficient in rare foreign languages if they meet the following conditions:/.