IT ' S SMART

Define the number of Protocol execs 59 /2012/NĐ-CP July 23, 2012

of the Government on the monitoring of law enforcement.

____________________

Base of Protocol 59 /2012/NĐ-CP July 23, 2012 of the Government on the Statutory Examination of Law;

Base of Protocol 22 /2013/NĐ-CP March 13, 2013 by the Government stipulated the functions, duties, powers, and organizational structure of the Ministry of Justice;

On the recommendation of the Chief of the General Affairs on the construction of the law,

The Minister of Justice Department of Justice issued a detailed regulatory detail of the decree. number 59 /2012/NĐ-CP July 23, 2012 on track of the exam situation Action. legal law and execution of responsibility delivered at Decision No. 921/QĐ-TTg June 12, 2013 by the Prime Minister on the transfer of responsibility function We're going to have to monitor the details of the law enforcement.

Chapter I

REVIEW, ASSESSMENT OF THE SITUATION LAW ENFORCEMENT

What? 1. Review, assessment of the timely, complete assessment of the promulgation of the detailed text detailing the copyright law of the law.

1. In time, the full, full time of the promulgation of the detailed text detailing the rule of law that is evaluated on the basis of reviewing the following basic content:

a) On a result basis Search. l -Yeah. 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 (then called the detailed text of the government), complete job specify the content assigned to detail;

b) The Office of the Office of Detailed Regulatory details of the Government's decree, the decision of the Prime Minister, the judiciary, the passage of the Council of the People's Committee, the Council of the People's Committee, the decision of the People's Committee, the decision of the People's Committee, Central to Central Town (later known as detailed regulatory text) -Category: Detailed regulatory text l -Yeah. The resolution of Congress, the ordinance, the resolution of the Standing Committee of the National Assembly, the order, the decision of the president of the country to the Ministry of Justice, Government Office of the Government of the Government of the Government of the Third Government n action t The sloth deadline is 15 days from the date of the detailed text release date. . The document category rules the government ' s decree, the decision of the Prime Minister to the Minister, the Prime Minister, the Provincial People's Committee, the Central Committee of the Central Committee (later called the Provincial People's Committee) to enact it. The sloth deadline is the 5 working days since the date of the detailed text of the specified text. ()

c) The planning, agency division, the presiding unit, the agency, the co-ordinated text drafting coordination unit for the period of delay is 15 days from the date of the specified detailed text of the specified text;

d) The detailed regulatory regulatory text was issued in accordance with the approved progress and the full disclosure of the details assigned to the details specified in the Detailed Regulatory Catalogue.

2 The base of content is regulated at this one Article, the legal institution, the peer-to-peer, the judiciary, in coordination with the local units, the peer-to-peer agency, the board of the Provincial Committee of the Provincial People's Committee, to help the Minister, the Prime Minister. It ' s peer-to-peer, the Provincial People ' s Committee to do the following:

a) Evaluation of timely, full of r ... In fact, the planning of the catalog, the planning of the planning of building detailed text by the ministry, the peer agency, the Board of the People's Provincial Committee, or the competent authority of the authority;

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 progress of the detailed regulation of the document on the basis of comparison with the expected time required by the planning;

d) Trace , don 's, check out units of the Ministry, peer agency, the professional body of the Provincial People' s Committee and implement the solutions to ensure the quality, the progress of construction. Detailed regulatory text;

) periodically, the quarter, six months, years, and at the request of the Ministry of Justice, the legal organization, the peer-to-peer report on the situation of building a detailed document. At the request of the Ministry of Justice, the Provincial People ' s Committee reported on the situation for the construction of the detailed regulatory document. The report states the progress of construction on each text, difficulties, entanging, causes, and proposals for the removal of the solution.

3. On the basis of the reporting aggregation of ministries, peer agencies, the Provincial People ' s Committee, the Ministry of Justice to Build a Report On the Details Issue of the Blueprint Regulatory implementation of the Government of Government legislation.

What? 2. Consider, evaluate the consistency, synchrony of the detailed regulatory text.

1. The consistency, the uniform of the detailed regulatory document reviewed, assessed on the basis of regulation at Article 11 and Article 12 of the Digital Protocol. 16 /2013/ND-CP February 6, 2013, by the Government of the United States, in a review of the United States Code of Cultural Relations.

2. The basic source of information to evaluate the consistency, the synchrony of the detailed regulatory text including:

a) the information of the agencies, the specified unit at paragraph 3;

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.

3. The base stipulated at this 1 Article, the unit of the Ministry, the peer agency, the Agency covered, the specialist body of the Provincial People ' s Committee, the district, public The specialization in the People's Committee (later known as the specialized body) finds the detailed regulatory document whose content does not guarantee consistency, synchrony; the criminal agenda, sent to the legal organization, the peer-to-body, the body. of the Government, the Department of Justice, the Justice Department, the Justice Department-the township-level (the following is the judicial authority) to sum up.

4. On the basis of analysis, review, aggregation of regulated sources In paragraph 2 of this, the judiciary is a portfolio of written documents. Details The content is not guaranteed to be unified, synchrony. , report to the Minister, the Prime Minister, the Cabinet Office, the Committee of the People, the Committee on the same level consider the amendment, the addition of the authority or the petition of the authority to consider, process.

What? 3. Consider, evaluate the feasibility of the detailed regulatory text.

1. The feasibility of the detailed regulatory text is evaluated on the basis of reviewing the following basic content:

a) The suitcases of the regulations with economic-social conditions, civic qualifications, cultural traditions and customs practices; and the cultural and cultural conditions.

b) The suitcases of regulations with practical conditions on the organization of the apparatus, human resources, financial resources for enforcement;

c) The rationalization of the problem solving and processing measures;

d) The clarity of the provisions of the mandate, the powers of the agencies, the organization and the sequence, the procedure performed;

The clarity, the specifics of the regulations to be able to perform correctly, understand unity, conveniated upon implementation and application.

2. The basic source of information to evaluate the feasibility of the detailed regulatory text included:

a) the information of the agencies, the specified unit at paragraph 3;

b) The specified information at point b, point c and point 2 Article 2 This message.

3. The base stipulated at this 1 Article, the specialized body finding detailed regulatory text whose content does not guarantee the feasibility or difficulty, entanged, inadequate in the practice of execution, assessment of the cause, the processing form petition, sent home. The judiciary for synthesis.

4. On the basis of analysis, review, aggregation of regulated sources In paragraph 2 of this, the judiciary is a portfolio of written documents. The details of the detail do not guarantee the feasibility or difficulty, entanged, inadequate in practice, report to the Minister, the Prime Minister, the government agency, the People's Committee, and a review of the amendment. Or petition the authorities to take a look at it, take care of it.

What? 4 . Review, assess the conditions of ensuring the conditions for law enforcement

1. The specified source of information at the b point, point c and point 2 Article 2 This message, the specialist body considers, evaluate the conditions of ensuring the conditions for law enforcement follow the following basic content:

a) Identilocate the need for training, disseminology of law to each sector and specific subject, to match activities, content, form, training subjects, common law enforcement that have been made, assessing the full, timely, consistent performance of the operation. exercise, disseminalization of law, the impact of exercise work, disseminalization of law to the sense of compliance and the level of increased awareness of the law of agencies, organizations, citizens, petitions that implement solutions that enhance common work efficiency, training, and training. the law, sending the same judicial authority to monitor, synthe-sum;

b) Identilocate the need for the organization of the apparatus, number, standard of cadres, civil officials, officials that meet the requirements of law enforcement, the reference to the actual situation, the assessment of the combination of the machine organization, the level of response to human resources, ants, etc. The guarantee of organization, payroll, and human resources, send the agency in charge of the organization of the same level to sum up, handling, and sending the judiciary of the same level to monitor, general aggregate;

c) Identitiate the need for funding, equipment and facilities that meet the requirements of law enforcement work, the reference to the guarantee status, assessment of the site. to the extent of the response of the guarantee, the guarantee of funding, page appliances and facilities, sending the agency in charge of the financial work of the same level to aggregate, processing, while sending the same judicial authority to monitor, general aggregate.

2. The presiding judiciary, in coordination with the agency in charge of the organisation of the organization and the body in charge of the financing of the same degree, analysis, review of the petitions specified at the point a, point b, point c 1 This Article, report the Minister, The head of the government, the government agency, the People's Committee on the same level of consideration, jurisdiction, or jurisdiction of the authority to consider, process.

What? 5. Review, assessment of the situation adhering to law

1. The specified source of information at the b point, point c and point 2 Article 2 This message, the specialist body considers, assessing the situation adhering to the law as follows:

a) The discovery, setting up a portfolio of specific regulations in the law of law that has not been enforced by the state authority and the competent authority in time, full, the unaccurate or ununiformable guidance; decisions to apply the law by the state agency and the competent authority to enact violations of the sequence, procedure, jurisdiction, no guarantee of accuracy; common law violations in each field field. a specific area;

b) The cause of the cause of the violation of the breach is specified at the point of one Article This follows the criteria for the content of the law of law, the organization of law enforcement, the idea of acceptance of the law of the agency, the organization, the individual, and the others. other causes;

c) The state agency ' s authority to implement measures to promptly enforce the law enforcement of the law has taken effect; handles violations aimed at ensuring accuracy, unity in instruction and applicable law; amendments, additions, board, board, and more. Other measures to rule law; implementing other measures to improve law enforcement and finalization of the legal system, sending the same judicial authority to monitor, synthesize.

2. Judicial authorities analytic, review, aggregate of the petitions prescribed at the point of paragraph 1 This Article, report the Minister, the chief of the peer-agency, the government agency, the People ' s Committee on the same level of review, the treatment under jurisdiction or the agency offer. There's authority to review, process.

Chapter II

ACTION-TRACKING ACTIVITY LAW ENFORCEMENT

What? 6. Build a plan to follow the law enforcement situation

1. Base to Parliament 's resolution at the end of the year on the economic-economic development plan of the following year, the results of congressional oversight, the content answer of the Congressional delegate, the voter' s petition that year and the enforcement of the competition. Law enforcement, prior to November 30 the year of the Justice Department, in coordination with ministries, peer agencies, government agencies proposed to the Government of the Center to monitor the law enforcement of the law on the Government's resolution. the mission, the solution primarily directed the implementation of the Economic Development Plan-the society and the State Budget bill. Next year.

2. The Government ' s resolution on the mission, the solution primarily directed the implementation of the Economic Development Plan-the society and the State Budget bill. The years and the practice of law enforcement within the range, the management sector, for the 15-day period since the day the government 's resolution was enacted, the ministries, the peer agency, the government agency, the Provincial People' s Committee had to enact a tracking plan. The law enforcement situation of the ministry, the industry, its locality, in which the focus of the focus on the law enforcement of law enforcement guarantees synchrony to the focus in the field of administrative control and the law enforcement of the law of the law. Department, sector, local, that year.

A focus on the focus of law enforcement in the government's resolution, the Department of Justice presided over, coordinating with ministries, agencies across the board, organizing a plan to monitor the law enforcement situation in the field of focus, report to the Prime Minister in accordance with the rules.

3. The plan to follow the law enforcement situation include the following key content:

a) the purpose, the request;

b) Specific laws of law or the field of law of monitoring, evaluation;

c) Specific activities and progress practices;

d) The body ' s responsibility, organization in the implementation of the plan;

The cost of planning.

4. Plans to follow the law enforcement situation of the ministry, peer agency, government agency, the Provincial People ' s Committee sent to the Ministry of Justice to monitor, aggregate.

What? 7. Take on and handle information about the law enforcement situation

1. Organization, individuals may provide information on the situation of law enforcement by writing or directly at the citizens 'headquarters or via the Department of Justice' s Electronic Information Page (Law enforcement Intelligence), of ministries, peer agencies, agencies, and other agencies. of the Government and the People's Committee.

2. Ministry, peer agency, government agency, People ' s Committee of the People Responsible for receiving information about the law enforcement situation by the organization. Individuals provide provisions at one Article; gather information about the law enforcement situation which is posted on popular media.

After examination, the subject of authenticity, information about the law enforcement situation is used as a base to conduct examination, investigation, survey of law enforcement by regulation at Article 12, Article 13 Decree of the Law of the Law. number 59 /2012/NĐ-CP to the observation of the law enforcement situation (later abbreviated as the Digital Protocol) 59 /2012/NĐ-CP ) and Article 8, Article 9 This Smart or Handle Tracking Results. Statutory law enforcement situation in Article 14 Protocol 59 /2012/NĐ-CP.

What? 8. Check the law enforcement situation

1. Check out the law enforcement situation being carried out under the plan to follow the law enforcement situation or when there are difficulties, entanged, inadequate in practice enforced or at the request of the authority of the state authority.

2. Content examining the law enforcement situation is carried out as stipulated in Article 7, Article 8, Article 9, Article 10 The number of Protocol 59 /2012/NĐ-CP and Article 1, Article 2, Article 3, Article 4, This Article 5; at the same time tied to the examination of the focus content in the field of administrative procedure control and examination of the law of the rule of law have been identified in the ministry ' s five plan, industry, geography, Oh,

3. Ministry, the peer-to-peer examination of the law enforcement situation against the ministry, the peer agency, the government agency and the People ' s Committee. Provincial level, management sector. The People's Committee on the case examined the law enforcement situation on the lower-level civil committee within the jurisdiction of the jurisdiction.

4. The Ministry of Justice chaired, in coordination with ministries, peer agencies, government agencies to establish a joint examination of the law enforcement situation in the field of interdisciplinary management, which has many difficulties, entanged, inadequable in practice. Go.

The judiciary recommended that the minister, the head of the government, the government, and the Chairman of the People's Committee, and the Chairman of the People's Committee, and the members of the Committee of the People's Committee on the task of law enforcement in the field of functions related to function, the duties of many units. A lot of trouble, inadequable, inadequable practices.

The decision to establish an inspection team must specify the content, the inspection plan of the inspection team, the inspection and agency components, the organization, the individual being the test subject. The decision to establish an inspection team was informed of the agency, the organization, the individual being the slog-tested object of 7 working days, before the start of the test.

5. Agency, organization, individual is subject to a written report, which provides information, documents related to the test content; the problem of problems of the test content. The inspection team or the person with the authority to examine the review, verify, conclude on the issues of the test content.

6. During the examination, when the detection of the information required by regulation at Article 14 of the Digital Protocol 59 /2012/ND-CP, The inspection and the person with the authority to examine the agency, the organization, the competent individual to apply the necessary measures to handle. For a 15-day period, since the date of receiving the petition to handle the test results, the agency, the organization, the individual has the authority to handle the petition to inform the results of the inspection team's petition to the decision-making decision. The case is not consistent with the outcome of the treatment or not receiving the results of the treatment, the decision-making decision sends the petition to the immediate superior of the agency, the organization, the individual with the authority to handle the test results.

7. In the 15-day period, since the end of the inspection, the inspection team reported the decision to examine the test results.

What? 9. Investigation, survey of law enforcement intelligence

1. Investigation, examination of the law enforcement situation is carried out under the plan to follow the law enforcement situation, when there are difficulties, entangrium, inadequation in practice enforcement or at the request of the competent state agency, which identifies the law. Purpose, object, content, table, time, investigation, survey.

2. Based on the investigation, survey, agency, unit mobiling the team of collaborators involved in the investigation, survey by regulation at Article 14 of this Information.

3. The investigation content, which surveys the law enforcement situation carried out in accordance with regulation at Article 7, Article 8, Article 9, Article 10 Digital Protocol 59 /2012/NĐ-CP And Article 1, Article 2, Article 3, Article 4, Article 5 of this.

4. The subject is primarily investigated, the survey includes:

a) Officer, public, official, worker, directly involved in the organization of law enforcement in the field of inquiry selection, survey;

b) The organization, personally, is 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.

5. Investigation, the survey is done via survey votes, coordinates, live interviews, and other forms of fitting. The form of investigation, the survey can be performed independently or implemented in combination, the cage with other activities.

6. Investigation, survey through the survey vote is done 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 could be made by the builder's associate, the survey, which 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 presiding officer of the investigation, the survey organization for the person carrying out the investigation, the survey of information gathering information through the survey vote.

The person who carried out the investigation, surveyed the survey for the respondents, explaining the purpose of investigation, the survey, the required content 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 checked the survey. In the case of an unanswered vote, the answer is required.

c) The agency, the unit of the investigation host, surveyed the survey classification survey by the object asked, according to the problem group, which statistics the answer results according to each group of questions and groups; the response to the response results of the various objects on the same content to make a comment on the assessment of the object asked for the content to be investigated, the survey.

7. The investigation, the survey through the coordinates is done as follows:

a) The investigation of the investigation, the survey, the agency, the presiding officer in coordination with the agency, the organization involved in organizing the coordinates at the site of the investigation, the survey to collect, the information aggregation, review, assessment of the law enforcement situation and the petition, the proposal. published by the agency, the organization, the individual attending the conference.

b) Construction report results.

8. The investigation, the survey through direct interview is done as follows:

a) The Agency, the unit presiding over the investigation, the survey of choice, delivery and training skills interviewing for the execution of the investigation, survey;

b) The agency, the unit of the investigation, the survey of the chosen person is the person who understands the field of inquiry, the survey, who is subject to the direct impact of the law in the field of inquiry, the survey, who directly organizes the law. in the field of investigation, 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) The person who carried out the investigation, the survey had to prepare the content, the question of exchange with the person interviewed and fully documented, the content honesty of the interview.

9. On the basis of the results of the survey vote, the results of the coordinates and interviews directly, the agency, the presiding officer of the 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.

What? 10. Report of law enforcement

Ministry, peer-to-peer agency, government agency, the People 's Committee of the People' s Department of the Situation Report to enforce the law enforcement in the following cases:

1. Report on the annual statutory law enforcement report;

2. Report the law enforcement situation in the field, the management venue; the subject matter at the request of the Prime Minister, the Ministry of Justice, the People ' s Committee on Direct;

3. Report upon the discovery of the entanged, inadequate of the laws of law or the need to apply measures in time to prevent possible damages to social life;

4. Report on the results of the processing of petitions at the request of the competent state agency.

Chapter III

COORDINATE AND MOBILIZE THE PARTICIPATION OF THE AGENCY, ORGANIZATION,

PERSONAL IN TRACKING LAW ENFORCEMENT SITUATION

What? 11. Coordinate monitoring of law enforcement

The specific requirements of each operation monitor law enforcement, ministry, peer agency, government agency, the People's Committee on the recommendation of the agencies, the co-ordinated organization that monitors law enforcement in accordance with the contents of the law. After:

1. The People 's Court, the People' s Court provides information on the law enforcement of the agency ' s law enforcement situation, organization, individual through the prosecution operation, examination of judicial activity, trial;

2. Vietnam 's Fatherland Front and member organizations provide information, the people' s petition through operation of the law enforcement situation; the Central Committee of the Fatherland Front of Vietnam in coordination with the Ministry of Justice proposed the field of focus. follow the law enforcement situation in Government resolution on the mission, the solution primarily directed the implementation of the Economic Development Plan-the society and the annual state budget.

3. The Vietnam Bar Association, the Vietnam Bar Federation and the Lawyers ' Union of Lawyers provide the opinion, the petition of the juridants, lawyers on legal matters relating to the law enforcement situation;

4. The Vietnam Chamber of Commerce and Industry, professional associations offer opinions, petitions of businesses, timely, full-time, fulfills in law enforcement of the competent state agency; accuracy, unity in the direction of the country ' s most important and successful education. leading, applying the law and in the application of the law of the state agency has jurisdiction; consistency, uniform, the feasibility of the legal text and other relevant matters; in coordination with the Ministry of Justice that proposes a focus of the focus on the enforcement of the situation. the law in Government resolution on the mission, the solution primarily directed the implementation of the Economic Development Plan-the society and the annual state budget.

5. The mass information agencies provide a reflection of the social public opinion on the situation of law enforcement.

What? 12. The active forms of activity follow the organization ' s law enforcement of the organization, the individual.

1. Political-social organization, social organization-profession and other social organizations participating in the operation to monitor law enforcement through the following forms:

a) Submit a text or via a law enforcement of law enforcement on the Gate or Electronic Information Page reflecting on its opinions, of the members of the law enforcement of the law, petit the solutions that enhance the law enforcement and completion of the law. It ' s a legal system for state agencies to be competent;

b) The gesture of participation in activities that follow the law enforcement of the law on the recommendation of the state authority has jurisdiction;

c) The author who follows the law enforcement of the law is carried out as specified in Article 14 of this Information.

2. Individuals who participate in the activity follow the enforcement of law enforcement by the following forms:

a) Direct to the Civil Rights Department of the competent state agencies; submit comments in writing or through mass media to reflect, provide information about the situation of law enforcement;

b) The partner who monitors the law enforcement situation is done as specified in Article 14 of this Information.

What? 13. Secure the organization ' s participation, the individual in the monitoring of the law enforcement situation.

Ministry, peer agency, government agency, the People ' s Committee of Facilitation Grants to the organization, individuals participate in monitoring the law enforcement of the law in accordance with the following:

1. Instruct the presiding judiciary, head of the reception and process information about the situation of law enforcement by the organization, the individual reflects; maintain the columnist for the law enforcement situation on the Gate or the Ministry ' s Electronic Information Page, the peer-to-peer agency, of the Government Agency, the People ' s Committee of the Subordinate Regulations at Article 7 of this Information;

2. Secure the necessary conditions for the organization, the individual who execs the community of collaborators and the participation of the collaborator who monitors the law enforcement of law; encourage, promote the socialization of activities that follow the law enforcement of law;

3. Khen reward organizations, individuals who have made positive contributions, provide valuable information, contribute to the increased efficiency of the work that follows the law enforcement of law enforcement.

What? 14. The associate monitors the law enforcement situation.

1. The community is mobilized to participate in the collection operation, aggregation of information; investigation, survey; consultation; consultation on the outcome of law enforcement of law enforcement.

2. The specific condition base and the request of the work to follow the law enforcement situation, the head of the staff judiciary, which helps the Minister, the head of the peer-to-peer agency, the People ' s Committee on the same level to mobilize the organization, personally understand. Specialization in the field, the field needs to monitor the law enforcement situation.

3. The associate monitors the law enforcement situation that performs under the contract regime with a deadline or in particular case.

Chapter IV

EXECUTION CLAUSE

What? 15.

The private sector has been in effect since July 1, 2014 and replaces the Digital. 03 /2010/TT-BTP March 3, 2010 by the Minister of Justice for the implementation of the law enforcement act.

What? 16.

Within the area and the jurisdiction of its governing jurisdiction, the Ministry, the peer-to-government agency, the People's Committee, the People's Committee of the Organization of the Organization to carry out the law enforcement of the law enforcement under the provisions of this Smart ./.