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DEFENSE MINISTRY
Number: 169 /2014/TT-BQP
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THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, December 11, 2014
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IT ' S SMART
The work guide follows the law enforcement of the law.
scope of state administration of the Ministry of Defense
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The Basic Law Executive Act of 2008;
Base of Protocol 59 /2012/NĐ-CP July 23, 2012 of the Government on the Statutory Examination of Law;
Base of Protocol 35 /2013/ND-CP April 22, 2013 by the Government stipulated the functions, duties, powers, and organizational structure of the Ministry of Defense;
At the suggestion of the Chief Justice of the Law,
The Minister of National Defense issued a public guidance on the law enforcement of the law enforcement of the state department of the Department of Defense.
COMMON RULES
This information instructs the content, the review method, the activity assessment that monitors law enforcement; the report regime, the responsibility of the agency, the organization, the unit in charge of the state management of the Ministry of Defense (later known as the agency, unit) in the work that monitors the law enforcement situation within the state department of the Department of Defense.
This information applies to the agency, unit, and individuals who are involved in the work monitoring of law enforcement action within the state department of the Department of Defense.
What? 3. The principle follows the law enforcement situation
The principle follows the law enforcement of the law execution by regulation at Article 4 of the number of Protocol 59 /2012/NĐ-CP July 23, 2012 of the Government on the monitoring of law enforcement (the following calls for the Digital Protocol). 59 /2012/NĐ-CP of the Government) and the following:
1. The precise reflection of the content, properties and the situation of the enforcement of the laws, the unit.
2. Define the focus content, the focus.
3. Combined monitoring of the law enforcement of the industry, the field with the monitoring of the law enforcement situation in the range of each organ, the unit.
4. Secure the close coordination between the presiding body and the agency, the unit is involved.
What? 4. Content monitoring the law enforcement situation
The content follows the law enforcement situation within the management scope of the Ministry of Defence implemented by regulation at Article 7 of the number. 59 /2012/NĐ-CP of the Government, on a review basis, assessing the following content:
1. The issue of the promulgation of the detailed text details the law of the rule of law such as: In time, the completeability of the promulgation of detailed regulation of the text; the consistency, synchrony of the text; the feasibility of the text.
2. The situation guarantees the conditions for law enforcement: timely, adequate, suitcases, effectiveness of training activities, disseminness of law education; the suitcases of the organization of the apparatus; the level of response to human resources for law enforcement; the level of response. In terms of funding, the physical basis guarantees law enforcement.
3. The situation adheres to the law: In time, full in law enforcement of the state agency and the person with authority; accuracy, unity in the guidelines to apply the law and in the application of the law of the state agency and the competent person. power; the degree of compliance with the law of the agency, the organization, the individual.
What? 5. The organization, the individual involved in the operation to monitor the law enforcement situation within the Department of Defense management.
1. Political-social organization, social organization-profession and other social organizations participation in the practice of monitoring the law enforcement of the Department of Defense through the following forms:
a) Senor or through the Defense Information Portal of the Ministry of Defense reflects the opinion on the situation of law enforcement, petit the solutions to improve the effectiveness of law enforcement and the finalization of the legal system within the Department of State management of the Ministry. Defense to the agencies, units of the Ministry of Defense;
b) The gesture of participation in the activities that follow the law enforcement of the law at the request of the Ministry of Defense.
2. Individuals participate in the activity monitoring the law enforcement of law by direct forms to the Civil War of the agencies, units; submit comments by writing or through mass media to reflect, provide information, and provide information to the public. The law enforcement situation.
3. The agencies, the unit responsible for facilitalization, encourage participation by organizations, individuals and organizations to accept, gather information of the organization, personally in the operation to monitor the law enforcement situation within the country ' s state management scope of the organization. The Ministry of Defense.
4. Collaborate by law enforcement.
a) The community is mobilized to participate in the collection operation, aggregation of information; investigation, survey; and consultation on the handling of the results of the law enforcement of law;
b) The specific condition base and the requirement of the work to monitor the law enforcement of the law within the state department of the Ministry of Defence, the Department of Defense of the Defense of the Presiding Officer, in coordination with the agencies involved, helps the Secretary of Defense. The organization, the individual, is qualified to participate in the enforcement of law enforcement.
c) The author follows the implementation of the law enforcement implementation of the contract regime with a deadline or in particular case.
METHOD OF REVIEW, ASSESSMENT OF THE SITUATION
LAW ENFORCEMENT
What? 6. Review, assessment of the timely, fulfills account of the issuing of the detailed text implementation of the law enforcement of the law of the State Department of the Ministry of Defense.
1. The assessment facility
a) On the basis of a law sweep, the resolution of the National Assembly, the ordinance, the resolution of the Standing Committee of the National Assembly, the order, the decision of the President, the Government ' s decree, the decision of the Prime Minister (later called the detailed text). , completing the identification of the text content that is regulated in detail of the Ministry of Defence chaired by the Ministry of Defence, or the Minister of Defense, issued by jurisdiction;
b) Set up a detailed regulatory text category, including: Decree of the Government, the decision of the Prime Minister, the private, the relevant information provided by the Ministry of Defense of the Ministry of Defence or the Minister of Defense by jurisdiction (later known as the rule text). to detail). The list of documents that govern the law, the resolution of the National Assembly, the ordinance, the resolution of the Standing Committee of the National Assembly, the order, the decision of the President to report the Secretary of Defense to the Ministry of Defense sent the Ministry of Justice for a period of 15 working days, since The date of the release of the document. The Office of the Government of the Government, the decision of the Prime Minister to submit the Office of the Ministry of Defence during the slog period of 5 working days, from the date of the promulgation of the specified text;
c) Construction, the Minister of Defense of the Department of Planning, Organ Division, the presiding unit, the agency, the co-ordinated text drafting coordination unit in the slosh period of 15 working days, since the date of the detailed document Catalogue. issued;
d) The agency, the unit that was assigned to the details of the detailed regulation text that must implement the correct implementation of the already approved process and fully specified the details assigned to the details specified in the Detailed Regulatory Catalogue.
2. The base of the specified content at this 1 Article, the Legal Department of the Ministry of Defence; the Chamber of Commerce, the Board of Legislation, the legal officer, the unit, or the agency, the assigned cadres as the legal work (the following is called the Organization of Organ Law, unit). Presiding, coordinating with the agencies, the unit involved in the staff, helping the Minister of Defense, the Chief of the Agency, the unit to perform the following content:
a) The timely, complete assessment of the sweep, fulfills of the category, the promulgation of a detailed document-building plan issued by the Minister of Defense, issued by the Secretary of Defense;
b) The full value of the detailed regulatory text details compared to the amount of content assigned to detail in the detailed text;
c) Assessment of the drafting progress and the detailed regulatory enacrodship on the basis of comparison with the expected time required by the planning order;
d) Track, don the governor, inspect the agencies, units and staff to help the Minister of Defense, the Chief of the Agency, the command unit to implement the solutions to ensure the quality, the process of building detailed regulatory text;
) A monthly, quarterly, six-month period, year and at the request of the Ministry of Defense, the Instituto the Agency, the report on the situation of building a detailed document of the Ministry of Defense (through the Law of France). The report states the progress of construction on each text, difficulties, entanging, causes, and proposals for the removal of the solution.
The French case, in coordination with the agencies, the combined unit of the Secretary of Defense, reported the Secretary of Defense of the Ministry of Defense of the Ministry of Defense, which sent the Ministry of Justice in accordance with the regulations.
What? 7. Review, review of consistency, synchrony of regulatory law enforcement of the law enforcement of the State Department of the Ministry of Defense of the Ministry of Defense.
1. In accordance with the regulations at the law-breaking text of the upper-level state agency and of the state agency of the same authority.
2. In line with the chairman, the road, the policy of the Party, the State.
3. Review, Text Content Review
a) The validity of the text: The identification of the text is in effect, the text of the full effect or the partial validity of the specified part in paragraph 1 Article 12 of the Digital Protocol 16 /2013/ND-CP February 6, 2013 by the Government on the sweep, the legal system of legal code (after this is called the Digital Protocol). 16 /2013/ND-CP of the Government.)
b) The base of the text: Define the alternative text, cancel, repel, modify, add text to a detailed regulatory base; identify other documents that are enacted with the stipulation regarding the regulation of the detailed regulatory text.
c) The authority to enact the text: Consider the appropriate authority to issue text that includes the authority on the form and authority of the content.
d) The text content of the detailed regulation: Define the contents of the left-defined text, overlap, contradicts the regulation of the prescribed text of the superior law and the copyright law of the Ministry of Experts.
In the case of different defined texts on the same problem, the prescribed application of the text has a higher legal effect; the text issued by an executive agency with a different regulation on the same problem applies the following issued text.
4. Source of basic information to evaluate the consistency, synchrony of the detailed regulatory text, including:
a) the information of the agencies, the specified unit at Section 5;
b) The results of the test operation, investigation, survey of the law enforcement situation;
c) The results of the merger of the legal code, the law, the law, the law, the law, the law, the law, the law, the law, the law, the law, the law, the law, the law, and the law,
d) Refleonation of the agencies, organizations, individuals, the media and social media.
5. The base stipulated at Section 3 This, the agency, the unit responsible for finding detailed regulatory documents whose content does not guarantee consistency, synchrony; petition for processing, sent to the French Department of Defense to synthesize.
6. On an analysis basis, aggreging of the sources of information prescribed at Clause 4 This article, the French Department of Defense sets the portfolio of detailed regulatory documents whose content does not guarantee consistency, synchrony, reports the Secretary of Defense review of the amendment. In exchange, supplemation by authority or petition of authority to review, process.
What? 8. Review, evaluation of the feasibility of the detailed text of the detailed law enforcement of the law of the State Department of the Ministry of Defense.
1. The assessment facility
a) The suitcases of regulations with economic-social conditions, cognitive qualifications of cadres, soldiers, defense workers, contract workers in the agency, unit; with cultural traditions and customs of the local practice where they are stationed;
b) The suitcases of regulation with actual conditions, with task characteristics, organizational structure of the agency, unit; human resources; financial resources to enforce;
c) The rationalization of the problem solving and processing measures;
d) The clarity of the provisions of the mandate, the powers of the organs, units and the sequence, the procedure performed in accordance with the request for reform of administrative procedures, avoiding overlapping functions, duties;
The clarity, the specifics of the regulations to understand unity, do the right thing, convenient to apply.
2. The basic source of information to evaluate the feasibility of the detailed regulatory text.
a) the information of the agencies, the specified unit at Section 3 This Article;
b) The specified information at points b, c, d paragraph 4 Article 7 This message.
3. The specified base at Clause 1 This, the agencies, the unit responsible for finding detailed regulatory documents whose content does not guarantee the feasibility or difficulty, entanged, inadequate in practice practice, cause assessment, criminal opinion, and more. It's all right, let's do it, send it back to the Department of Defense to sum it up.
4. On the basis of analysis, aggregation, evaluation of the sources of information prescribed at Section 2 This, the French Department of Defense sets the catalog of detailed regulatory documents whose content does not guarantee possible or difficult, intractable, inadequable. The report, the Minister of Defence, reviewed the decision to amend, to supplement the authority or petition of the authorities to review, to process.
What? 9. Review, assessment of the situation warrants the conditions for law enforcement within the state department of defence of the Ministry of Defense.
1. In time, in full, adequate, effective, effective of training activities, disseminalization of the law within the state department of defence of the Ministry of Defense
a) The responsibility of the command of the agency, the unit in the direction, the radical deployment, the organization of the implementation of the statutes of the law and the text of the instruction, the direction of the implementation of the upper and rank,
b) The presiding agency ' s responsibility to help the Ministry of state administration in the study, proposals and implementation of a written construction program of the law; the direction text, the implementation guide; the deployment of training, propaganda, examination of the implementation of the document. In the
c) Identitifully the need for training, dissemation of law to each particular field and subject, for example to activities, content, form, training subjects, disseminalization of law that has been made, including:
-The number of popular outbreaks, the number of people being propagated, the law enforcement manual, the law enforcement text, the law enforcement.
-The number of texts, the time, the number of people trained, the law.
d) The impact of training work, disseminalization of law to the sense of compliance and the level of enhancing the legal awareness of the organs, units and individuals after the disseminalization of the law;
The agency, the unit responsible for aggregation of the petition for the implementation of the results of the results of the popular works, the legal practice sent to the French Department of Defense to monitor, synthe-sum.
2. Calculation of the apparatus organization; the level of response to human resources for law enforcement within the state department of defence of the Ministry of Defense.
a) The reality of the organization of the apparatus and the staff as a law enforcement officer; determining the need for the organization of the apparatus, the number, the standard of staff response to the requirements of law enforcement;
b) The number and percentage of the trained cadres in accordance with the title in the agencies, the unit meets the requirements of law enforcement work;
c) The reference to the actual situation, assessment of the suitcase of the apparatus organization, the level of response to human resources;
d) The difficulties, entangled in the organization of the apparatus and the cadre team that carried out the task of enforcement of the law and the petition for the assurance of organization, commission, and human resources;
These are the guarantees of organizing, organizing, and human resources.
3. The level of response to funding, equipment and facilities warrants the enforcement of the law enforcement.
a) As a guarantee, the level of response of the assurance of funding;
b) Define the need for funding, equipment and facilities that meet the requirements of law enforcement work;
c) The difficulties, entanged in management and use of the funding guarantee for law enforcement work.
d) Security guarantees, equipment, and facilities meet the requirements of law enforcement;
4. The Supreme Defense Department of Defense, in coordination with the Department of Staff /TCCT, the General Office of the Department of Defense, review of the petitions stipulated at this, reports the Minister of Defense review, handling.
What? 10. Review, assessment of the degree of law compliance of the agencies, units and individuals.
1. Charge in time, full enforcement of the law of the agency, unit and authority.
a) The discovery, setting up a catalogue of specific regulations in law-to-state law that has not been established by the state authority and persons with timely, full, unaccurate instructions or lack of unity;
b) The number of decisions that apply the law by the state authority and the competent authority to enact a violation of the sequence, procedure, jurisdiction, does not guarantee the accuracy;
c) The number of common law violations in each particular field.
2. The accuracy, consistency in the guidelines apply the law of the agency, the unit and the competent person.
a) The number of complaints filed by the agency, who has the authority to apply the law is not correct;
b) The number of complaints about the application of the law leads to violation of rights, individual freedoms;
c) The number of administrative decisions that apply the law has enacted violations of the sequence, procedure, jurisdiction;
d) The number of administrative decisions imposed by the enacted law does not guarantee accuracy, influence on the right, the legitimate interests of the agencies, organizations and individuals, cause the impact in the agency, the unit, and society.
3. The level of compliance with the law of the agency, unit and individual
a) The general situation of adhering to the law of the agencies, units, individuals;
b) The number of incidents resolved in time;
c) The number of incidents resolved but received complaints;
d) The number of violations of the type and extent of violations;
The number of corruption cases has been discovered;
e) The number of cases of violation of law by no knowledge of the law;
g) The cause of the condition does not comply or the degree of compliance with the rules of the law is not high.
4. The recommendations of the agencies, units
a) The measures to timely the organization of law enforcement have been in effect;
b) Treatment of violations aimed at ensuring accuracy, unity in instruction and application of law; modification, addition, new enacumen of law-rule texts;
c) There are other measures to enhance the implementation of law enforcement and finalization of the legal system;
d) Agency, unit responsible for aggregation of petitions at points a, b, c This paragraph, to the General Defense Department legislation.
5. The case of the Investigation of Analysis, review, aggregation of the recommendations of the agencies, the specified unit at Article 4 of this, reports the Minister of Defense to review, dispose of the authority or petition of the state agency with the authority to review, dispose of.
ACTIVITIES THAT FOLLOW THE LAW ENFORCEMENT SITUATION OF THE STATE DEPARTMENT OF DEFENSE ' S STATE MANAGEMENT.
What? 11. Build a plan to follow the law enforcement situation
1. Before 5 October of the year, the Government ' s base of resolution on the tasks, the solution primarily directed the implementation of the Economic Development Plan-the society and the annual State Budget envisage and the practice of law enforcement of the scope. The Department of Defense of the Ministry of Defense at the agency, unit, agencies, the unit of proposed content, the focus area monitoring the law enforcement of the law sent to the Ministry of Defence (through the Legal Department) to sum up; the French Department of Defense presided over, in coordination with other countries. Agency, the relevant unit of the decision to enact a plan to monitor the law enforcement of the Ministry of Defense of the Ministry of Defense of the Ministry of Defense The review, the decision.
The plan follows the law enforcement situation of the Ministry of Defense that defines the focus area on the law enforcement of law enforcement, ensuring synchrony with the field of administrative control and law enforcement of the law of the state of the state. the Ministry of Defense in the year.
2. The plan to follow the Defense Ministry ' s law enforcement execution of the following content:
a) the purpose, the request;
b) Content follows the execution of law;
c) Component;
d) Time;
The warranty is guaranteed;
e) Organisine.
3. The planning base follows the law enforcement of the Ministry of Defense and functions, duties, powers delivered, the agency ' s chief minister, the unit directing the institution of the agency, the unit he chairs, in coordination with the agencies, the related unit of construction. The plan follows the law enforcement situation of the agency, the agency's unit of the agency, the unit of the board, to implement and submit to the Ministry of Defense (through the War of France) to coordinate, follow, synthe-sum.
What? 12. Take over and process information about the law enforcement situation
1. Information about the law enforcement situation within the State Department of the Department of Defense is collected from the report of the agencies, the unit according to the regulation at this Smart V Chapter, which includes:
a) The number, form, and text name govern the detailed implementation of the law; the number, form and text name issued slow progress and the reason for slow progress; the number of ununiformable, non-synchrony, and feasibility texts.
b) Content, training form, disseminalization of the law of law practices; in the state of the organization of machinery, human resources, the conditions of funding and the basis of the material assurance of law enforcement;
c) The guiding situation, which applies the laws of organs, units and persons with authority;
d) A criminal justice violation.
2. Information about the law enforcement situation within the State Department of the Department of Defense is collected on the media and information provided by the agency, the organization, the individual who provides the information.
a) The organization, personally, may provide information about the law enforcement situation within the State Department of the Ministry of Defence in writing or directly at the citizen headquarters or through the Department of Defense Electronic Information Page;
b) The information is posted on the public information media and the information provided by the organization, the individual provided must be checked, for the validation of the authentication before use to evaluate the law enforcement situation;
3. Head of the agency, the unit is responsible for receiving information on the situation of law enforcement. The collection of information must ensure the provisions of the law on the collection and security of information.
4. The defence of the Ministry of Defence, the Organization of the Organ Law, the presiding unit, in coordination with the agencies, units, the individual organization involved in helping the Minister, the Chief Minister, the inspection unit, to face the authenticity of the information. The information about the law enforcement situation is used as a base for conducting inspections, investigations, surveys of the law enforcement situation under regulation at Article 12, Article 13 of the Digital Protocol. 59 /2012/NĐ-CP of the Government and Article 13, Article 14 of this Notice or to handle the results that follow the circumstances of law enforcement by regulation at Article 14 No. 59 /2012/NĐ-CP of the Government, Article 15 of this.
What? 13. Check the law enforcement situation
1. Check out the law enforcement situation undertaken under the plan to monitor the law enforcement of the Department of Defense, of the agency, unit, or when there are difficulties, entanged, inadequate in practice enforcement or at the request of the state agency. You have jurisdiction.
2. The content examination of the law enforcement situation within the state administration of the Ministry of Defence is carried out by regulation at Article 7, 8, 9, 10 Digital Protocol. 59 /2012/NĐ-CP of the Government and Article 6, 7, 8, 9, 10 This Notice, in which the focus examination of the situation adheres to the law of compliance at this Article 10; at the same time, attach to the examination of the focus content in the field of administrative control and control. The law-breaking text has been identified in the Defense Ministry ' s five-year plan, of the agency, the unit.
3.
a) The French case of presiding, in coordination with the agencies involved, proposed to help the Minister of Defense to form a joint examination of the law enforcement situation in areas related to function, the duties of many agencies, units, and other matters. There is a lot of trouble, and of course, in the practice of law enforcement;
b) The planning base follows the law enforcement of the body, the unit, the Legal Organization of the Staff, the proposal to help the Chief of the agency, the unit to establish the inspection team to perform examination, assess the outcome of law enforcement within the functional range, The mission is delivered.
c) The decision to establish an inspection team specifies the purpose, requirements, content, work plan, component of the inspection and composition of the agency, organization, unit, individual being the test subject. The decision to establish an inspection team was notified to the slog examination subject of 7 working days, before the date of the start of the test.
4. Presentation procedure
a) execute the regulation of administrative examination;
b) The agency chief, organization, unit is subject to a written report inspection, which provides information, documents related to the test content; the solution of the problems of the test content;
c) The examination or the person with the authority to examine the review, verify, conclude on the issues of the test content;
d) the organization of the examination of the examination and the person with the authority to examine the agency petition, the unit (if any).
5. Check out the audit petition
a) The process of examination, the case of the detection of the information required by regulation at Article 14 of the Digital Protocol 59 /2012/NĐ-CP of the Government, the inspection and the individual has the authority to examine the petition to the agency, organization, unit, and individuals with the authority to apply the necessary measures to handle the petition content of the inspection team and the person with the authority to examine it.
b) For a 15-day period, since the date of receiving the petition to handle the test results, the agency, the organization, the unit, the individual has the authority to handle the petition, informed the results of the inspection's outcome of the inspection team to the decision-making decision.
c) The case is not consistent with a processing outcome or does not receive a processing result, the decision-making decision sends the petition to the immediate superior of the agency, the organization, unit, and the individual who has the authority to handle the test results.
8. During the 15-day period of work, since the end of the inspection, the inspection team must report the decision to check the test results.
What? 14. Investigation, survey of law enforcement intelligence
1. Investigation, survey of law enforcement implementation of a plan to monitor the law enforcement of the Department of Defense, of the agency, unit, or when there are difficulties, inadequate, inadequation in enforcement or by the proposal of the state agency. has jurisdiction, which defines the purpose, object, content, unit, time, manner of investigation, survey.
2. The contents of the investigation, survey of the law enforcement situation conducted by regulation at Article 7, 8, 9, 10 Census Numbers 59 /2012/NĐ-CP of the Government and Section 6, 7, 8, 9, 10 This News.
3. The survey object, survey, includes:
a) Officer, professional soldier, corporal officer, soldier, defence officer, worker directly related to the organization of law enforcement in the field of inquiry selection, survey;
b) The organization, organization, unit, and individual are subject to the direct impact of the law text selected by the choice of investigation, survey;
c) Experts, scientists have an understanding of the field of choice of investigation, survey.
4. Investigation, survey conducted via survey, coordinates, direct interviews, and other forms of appropriate.
The forms of investigation, the survey may perform independently or implement combinations, cage with other activities.
5. The investigation, the survey through the survey vote carried out as follows:
a) The survey was designed into specific questions, the responses or opinions of the object surveyed. The content of questions must be clear, objectively, easy to understand, to express the full problem of inquiry content, survey; ensure that the purpose of investigation, survey; be consistent with the subject being asked.
The survey by the agency, unit, or associate of the investigation, the survey of construction on the purpose of investigation, the survey, was taken with the opinion, which investigated to be completed before the agency, the unit presiding over the investigation, the survey decided to use.
b) The agency, the organization, the presiding officer, the survey organization for the execution of the investigation, the survey of information gathering information through the survey vote.
The person who does the investigation, the survey survey for the person who pays the vote, explains the purpose, the content, the inquiry requirement, the survey for the person to answer the self-choice method of answering the answer, objective assurance, honesty.
Before the survey, the person who carried out the investigation, the survey examined the survey; the survey was not fully answered, requesting additional answers;
c) The agency, the unit of the investigation presiding, surveyed the survey classification survey by the object asked, according to the problem group, which statistics answer results according to each group of questions and groups;
d) The response to the answer results of the various objects on the same content to make a comment on the assessment of the object is asked for the content to be investigated, surveyed;
The results of the survey.
6. Investigation, survey through the coordinates is done as follows:
a) An investigation of the investigation, survey, agency, organization, maintenance unit, coordination with the agency, the organization, the relevant unit coordinates in the site of the investigation, the survey to collect, the information aggregation, review, assessment, assessment of the law enforcement situation And the recommendations, the proposals of the agencies, the organization, the participants, the coordinates.
b) Construction report results.
7. Investigation, survey through direct interview performed as follows:
a) Agency, organization, unit of investigation of investigation, selection of choice, division and training skills of interviews for individuals carrying out investigation, survey;
b) Agency, organization, unit of inquiry, survey of individual selection interviewed as individuals who understand the field of inquiry, survey, individuals bear the direct impact of law in the field of inquiry, survey, direct organization of the organization. the law in the field of inquiry, survey;
c) The interview content focuses on important issues, which have a major influence on the situation of law enforcement in the field of investigation, survey; and
d) Individuals who carry out the investigation, the survey must prepare the content, the question of exchange with the individual interviewed and fully documented, the content honesty of the interview.
8. On the basis of the results of the survey vote, the results of the coordinates and interviews directly, the agency, the presiding officer ' s investigation, the composite survey, the construction of the draft inquiry report, the survey. The survey report, the survey must be identified, evaluated objectively on the situation of law enforcement in the field and the site of conducting investigations, surveys, and recommendations for measures to improve law enforcement and finalization of the legal system.
The agency, the presiding officer, can hold the coordinates, the workshop to share and take comments on the draft, the survey results report.
9. The presiding French case, in coordination with the agencies, the unit involved in the staff, helps the Minister of Defense to build an investigation plan, survey the law enforcement situation by the proposal of agencies, units or at the recommendation of the state agency ' s state agency. It ' s about every particular field.
10. Content Planning, survey of law enforcement, including the following basic content:
a) the purpose, the request;
b) The content of the investigation, the survey;
c) Component;
d) Time to conduct investigation, survey;
The warranty is guaranteed;
e) Organisine.
11. The agency, the unit proposed the investigation plan, examines the implementation of the presiding law enforcement situation, in coordination with the French Department of Defense and agency, the organization, the relevant unit of the investigation, the survey under the Department of Defense 's plans and the agency' s request. The senior state in terms of the agency's area of management, unit.
12. Slowly after 7 days of work, since the end of the investigation, the survey, the agency, the presiding officer ' s investigation, the survey reports the results of the Ministry of Defense, the report content making the remarks, comments objectively about the law enforcement situation in the country. the field and the site of the investigation, the survey, and the recommendations of the measures to improve law enforcement and the completion of the legal system within the State Department of the Ministry of Defense.
What? 15. Handled results that follow the law enforcement situation
1. The results of the resulting information collection, test results, investigation, survey of law enforcement of the state department of the Ministry of Defense of the Department of the Department of the Agency, the processing unit under jurisdiction or agency petition, the individual has the authority to handle the results. following the execution of law enforcement following the following content:
a) In time, full of time, full of written regulatory details of the law enforcement of the state agency of the upper state office and of the state agency of the same authority;
b) implemented measures to enhance the effectiveness of training, dissemation of law; guarantee of organization, payroll, funding, and other conditions for law enforcement within the State Department of the Ministry of Defence;
c) In time the organization of the copyright law enforcement of the state administration of the Ministry of Defense has been in effect;
d) Impleming measures to ensure accuracy, unity in instruction, to apply the law of the state department of defence of the Ministry of Defence;
) Modified, supplemated, newly enacted laws that violate the State Department of the Ministry of Defense;
e) Perform other measures to effectively enhance law enforcement and finalization of the legal system within the State Department of the Ministry of Defense.
2. The Ministry of Defense is responsible for handling the outcome of monitoring the law enforcement of the state administration of the Ministry of Defense at the recommendation of the Ministry of Justice or of the Ministry, the peer body within the sector, the field of the ministry ' s management, the agency. It's all right,
The agencies, the unit responsible for handling the outcome of monitoring the law enforcement of the state administration of the Ministry of Defense at the request of the state governing body in the industry, the area of the Ministry of Defence.
THE RESPONSIBILITY OF THE AGENCIES, UNITS AND INDIVIDUALS IN THE MONITORING OF THE LAW ENFORCEMENT SITUATION.
1. The agencies, the unit with the function of helping the Minister perform the management of the state according to the industry, the presiding field that monitors law enforcement in the agency, the unit itself and the sector, the field of function, the mission is delivered.
2. The commander of the agency, the unit that functions to help the minister perform state-based state management, the field of responsibility to the Minister of Defense, the chief superior officer in the monitoring of the law enforcement situation in the field. the agency, the management unit and in the agency, the unit itself, namely:
a) presided over, in coordination with the Legal and Organs Case, the relevant unit that monitors the situation of law enforcement in the industry, the field of being assigned;
b) The implementation of the implementation of the plan follows the law enforcement execution by regulation at paragraph 3 Article 11; the investigation plan, which surveys the statutory law enforcement situation in Article 14; the co-ordination implementation of the law enforcement execution of the law. It ' s about Article 13 of this.
c) Trace the law enforcement situation on the basis of information about the law enforcement situation provided by the agencies, units, and individuals;
d) Perform the report mode on the prescribed law enforcement situation at this Smart V Chapter;
Command of the Organization of the Agency, the unit to help implement the implementation of the statutory law enforcement of the prescribed law.
3. The Military District Command monitors the law enforcement situation within the state department of the Department of Defense of the Department of Defense in the area of the military district through the Department of Military Command of the Department of Military Affairs; staff, helping the Ministry of Defense in intelligence monitoring. The law enforcement of the Department of Defense of the Department of Defense on the Military District.
4. The Command of the Border Force monitors the situation of law enforcement in management, national border protection, political security, social security order of the border area through the Department of Provincial Border Defense Command and other authorities. under the command; staff, which helps the Ministry of Defense in the work to monitor the law enforcement situation within the state department of the Department of Defense.
5. The Marine Police Department monitors the situation of law enforcement in the management of security, order, safety on the seas and continental shelves; the staff, which helps the Ministry of Defense in the work to monitor the law enforcement of the state law. the state of the Ministry of Defense.
6. The Government Agency
a) presided over, in coordination with the agencies, the relevant unit monitoring the law enforcement of law; investigation, survey of law enforcement action; co-ordination of the implementation of the law enforcement situation in the industry, the primary field.
b) The resulting synthesis follows the law enforcement of the law in the industry, the primary field reporting the Secretary of Defense by regulation at this Section V.
What? 17. Legal Department of Defense
The presiding officer, in coordination with the agencies, the staff, helped the Minister to perform the work on the implementation of the law enforcement of the state administration of the Ministry of Defense specifically:
1. Staff, help the Secretary of Defense to direct the agencies, the unit to carry out the work that monitors the law enforcement of the state department of the Department of Defense.
2. Guider, foreman, check out the agencies, the unit carrying out the work that monitors law enforcement in the Department of Defense.
3. Host, in coordination with the agencies, the planning unit and the conduct of the investigation, the survey, examination of the law enforcement situation in the Ministry of Defense.
4. Take on, aggregate, evaluate and process information about the law enforcement situation provided by the agencies, units, and individuals.
5. Coordinate with the agencies, the unit that performs the law enforcement of law enforcement to the sector, the agency sector, the unit assigned by the Ministry of Defense in charge.
6. The training organization, fostering job skills that monitors law enforcement to the agencies, units.
7. Host, in coordination with the agencies, units, construction of the Law enforcement Report of the State Department of the Ministry of Defense reports the Secretary of Defense and to send the Ministry of Justice in accordance with the prescribed Government report.
What? 18. Legal organization, agency legal officer, unit of law.
1. Host, in coordination with the agencies, the staff of the staff, to help the Chief of the agency, the unit to carry out the work that monitors the law enforcement of the functional range, the mission is delivered.
2. Guide, the chief of the agencies, the unit that performs the work that follows the law enforcement of the law in the agency, the unit.
3. Host, in coordination with the agencies, the planning unit and the conduct of the investigation, the survey, examination of the agency ' s law enforcement situation, the unit.
4. Take on, aggregate, evaluate and process information about the law enforcement situation provided by the agencies, units, and individuals.
5. Coordinate with the agencies, the unit that performs the law enforcement of law enforcement to the sector, the sector is in charge of the Ministry of Defense.
6. The training organization, fostering job skills that monitors law enforcement to the agencies, units.
7. Host, in coordination with the agencies, units, construction of the Criminal Law enforcement report of the functional range, the assigned mission of the agency, the unit itself, the prescribed report.
What? 19. Military authorities
1. Ministry of Military Command, industry, agency, organization in the Central Centre who is responsible for monitoring, review, assessment of the law enforcement situation of the State Department of the Department of Defense reports on the Ministry of Defense to synthesize, report the Government in accordance with the rules. Oh,
2. The provincial military command is responsible for monitoring the law enforcement situation within the state department of the Department of Defense in the locality; in coordination with the Department of Justice, the staff, which helps the Provincial People ' s Commission in the implementation of the monitoring work. The law enforcement of the State Department of the Department of Defense; in the attempt to help the Military District of the Military Region in the process to monitor the law enforcement of the state of the Ministry of Defence of the Ministry of Defense on the administration of the department.
3. The provincial Border Defence Command is responsible for monitoring the implementation of the law enforcement situation relating to function, management duties, national border protection, political security, social security order of the border area; in coordination with the Department of Justice. The plot, which helps the Provincial People's Committee, and the Command of the Border Defence Department in the implementation of the law enforcement of the law enforcement of the state department of the Ministry of Defence of the Ministry of Defence on the administration.
4. Ministry of Military Command, Ministry of Command of the Provincial Border Command Division of the Department of Legal Affairs, cadres as the implementation of the implementation of the implementation of the work monitoring the implementation of the law enforcement situation at its unit; presiding, in coordination with related contacts. The Chief of Staff, which helped the Prime Minister to carry out the task of monitoring the law enforcement of the law in the field of management of his unit under the provisions of this intelligence; reports of the Military District Command, the Command of the Border and Border Service to synthesize the report. regulation.
REPORT OF LAW ENFORCEMENT
1. The Ministry of Defense reports the implementation of the law enforcement of the area within the State Department of the State Department of the Ministry of Defense to the Ministry of Justice of the Ministry of Justice to report the Government before 15 October.
2. The agencies, the unit reporting the law enforcement situation in the industry, the sector is assigned in charge and the situation law enforcement of the agency, the unit itself on the Ministry of Defense (through the Department of Defense Legislation) to sum up the Minister ' s report before the day. 05 October every year.
3. The annual report content on the law enforcement situation of the agencies, the unit built on the basis of the implementation of the prescribed content at Article 6, 7, 8, 9, 10, and according to the report issued by this message.
4. The five-year report is calculated from 1 October of the previous year to 30 September of the year of the report.
The National Assembly 's Base of Work and Supervision Program; the Government' s Focal Work Program; the direction of the Ministry of Justice and the practice of law enforcement, the Ministry of Defense identifies some of the focus areas, the focus to the agencies, the unit. It builds a report on the law enforcement of the subject matter.
Agency, the unit carried out the report of the law enforcement of the law enforcement in the following cases:
1. At the request of the Ministry of Defense.
2. Upon the discovery of the entangled, inadequation of the laws of law or the need to apply some measures in time to prevent possible damages.
EXECUTION CLAUSE
The cost of implementing the law follows the law enforcement of the organs, the unit secured in the agency's annual budget bill, unit and other funds granted by the state and the Ministry of National Defense for the operations of the law.
Every year, the agencies, units based on the volume of work in their function, mission, jurisdiction, the budget planning implementation of the work follows the law enforcement of law enforcement into the general accounting of the agency, unit and management, use, liquidity. decision to follow the current regulation of the State and the Ministry of Defense.
It has been in effect since 26 January 2015.
1. The chief of the agencies, units, the United States Department of Legal Affairs and the relevant individual are responsible for this practice.
2. The Secretary of State Legislation is responsible for the inspection, the governor and the organization to implement this Information.
3. In the course of execution, if there is an entangriation of the agencies, the unit reflects on the Ministry of Defence (through the Legal Affairs) to study, resolve.
KT. MINISTER. |
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(signed) |
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General Nguyen Cheng |
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