Circular 14/2014/tt-Btp: Detailing The Implementation Of Decree No. 59/2012/nd-Cp On July 23, 2012 Of The Government On Monitoring Enforcement Of The Laws

Original Language Title: Thông tư 14/2014/TT-BTP: Quy định chi tiết thi hành Nghị định số 59/2012/NĐ-CP ngày 23 tháng 7 năm 2012 của Chính phủ về theo dõi tình hình thi hành pháp luật

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

Pursuant to Decree No. 22/2013/ND-CP dated 13 March 2013 of government functions, tasks, powers and organizational structure of the Ministry of Justice;

According to the proposal of the Director General issues about building law, the Minister of Justice issued a circular detailing the implementation of Decree No. 59/2012/ND-CP on July 23, 2012 on monitoring implementation of the law and made responsible for deliveries in decision No. 921/QD-TTg dated 12 June 2013 of the Prime on the transfer responsible for monitoring the situation of issuing documents detailing law enforcement Ordinance.

Chapter I CONSIDER, ASSESS LAW ENFORCEMENT article 1. Review, assessment of the timeliness, completeness of issuing documents detailing the implementation of the legal text 1. Timeliness, completeness of issuing documents detailing the implementation of the legal text is evaluated on the basis of considering the following basic content: a) on the basis of the results of reviewing laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly the ban, the decision of the President, the Decree of the Government, the Prime Minister's decision (hereafter referred to as text detailing), complete the identification of the content was delivered detailing; 

b) Created the category text detailing includes the Decree of the Government, the Prime Minister's decision, circular, circular by the ministries, ministerial agencies chaired drafting, resolutions of the people's Council, the decision of the provincial people's Committee, the central cities (hereafter referred to as text detailing). The category text detailing the laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, the orders, the decision of the President to send the Department of Justice, Office of the General Government, the Prime Minister issued within the time limit of 15 days from the date of promulgation of the text are detailed rules. The category text detailing the Government's Decree, the decision of the Prime Ministers, heads of ministerial agencies, people's committees of provinces and cities under central (hereinafter the provincial people's Committee) issued within the time limit of 5 working days from the date of promulgation of the text are detailed rules;

c) issued the plan, assigned units, agencies, agency, the Unit coordinated the drafting of the text detailed provisions within the time limit of 15 days from the date the written list detailing is issued;

d text) detailed rules are issued in accordance with the approved schedule and full regulated content to be delivered detailed rules have been defined in the category text detailing.

2. Pursuant to the contents specified in paragraph 1 of this article, The legal organization, ministerial-level agencies, Department of Justice, in collaboration with the unit of the Ministry, ministerial-level agencies, specialized agencies in the provincial people's Committee Chairman, to help Ministers, heads of ministerial agencies The provincial people's Committee, perform the following: a) reviews the timeliness, completeness of the recheck expected categories, issuing a written plan detailing by Ministry, ministerial-level agencies, provincial people's Committee issued or the competent authority;

b) reviews the adequacy of writing detailed provisions than the contents delivered detailed provisions in the text are detailed rules;

c) reviews the progress of issuing documents detailing on the basis of comparison with the expected time of need issued under the plan;

d) track, the urge, check the units in ministries, ministerial agencies, specialized agencies in the provincial people's Committee and implement the solution in order to ensure the quality, construction progress text detailing;

DD) monthly periodical, quarterly, 6 months, and at the request of the Ministry of Justice, Ministry of Legal Affairs Organization, ministerial bodies reported on the situation to build text detailing. At the request of the Justice Department, the provincial people's Committee report on situation of construction documents detailing. The report stated the construction progress for each text, the difficulties and problems, causes and solutions proposed dismantling.

3. On the basis of the synthesis report of the ministries, ministerial-level agencies, provincial people's Committee, the Ministry of Justice building to report on the situation of issuing documents detailing the implementation of the legal text.   

Article 2. Review, reviews of uniformity, synchronization of writing detailed provisions 1. Uniformity, synchronization of writing detailed rules are reviewed, evaluated on the basis of the provisions of article 11 and article 12 of Decree 16/2013/ND-CP of June 2 in 2013 of the Government on reviewing, codified the legal text.

2. the basic source of information for evaluation of uniformity, synchronization of documents detailing includes: a) information of the Agency, the provisions of paragraph 3 of this article;

b) results of test operation, investigation, survey the situation of law enforcement;

c) results of activity for the legal text, French legal dictionary, scrutinize, examine the legal documents, administrative control;

d) reflection of the agencies, organizations, individuals, mass media and public opinion.

3. Pursuant to the provisions in clause 1 of this article, the unit of the Ministry, ministerial-level agencies, government agencies, specialized agencies in the provincial people's committees, district level, public servants in specialized social people's Committee (hereinafter referred to as specialized agencies) discovered documents detailing the contents does not guarantee consistency , sync; petition form processing, send about The legislation organization, ministerial-level agencies, government agencies, the Department of Justice, the judiciary, the judicial officer-level civil registrar (hereinafter referred to as the judicial authority) to the aggregate.

4. On the basis of the analysis, review, General information sources specified in paragraph 2 of this Article, the legislature established the category of text detailing the contents does not ensure uniformity, synchronize, report, Ministers, heads of ministerial agencies, government agencies The people's Committee, the same level of consideration of additional amendments under the authority or the competent authorities consider, handle.

Article 3. Review, assess the feasibility of writing detailed provisions 1. The feasibility of writing detailed rules are evaluated on the basis of considering the following basic content: a) the conformity of regulations with the socio-economic conditions, the level of recreation, cultural and traditional customs;

b) conformity of regulations with actual conditions about the Organization, human resources, financial resources to enforce;

c) affordability of measures to solve problems and handle sanctions;

d) the clarity of the provisions on the duties and powers of the organs, institutions and procedures, implementation procedures;

DD) clarity, in particular of the provisions to be implemented correctly, understand, convenient when implemented and applied.

2. the basic source of information for evaluation of the feasibility of writing detailed provisions include: a) information of the Agency, the provisions of paragraph 3 of this article;

b) the information specified in point b, point c and d article 2 item 2 of this circular.

3. Pursuant to the provisions in clause 1 of this article, professional body discovered text detailing the contents does not guarantee availability or have difficult problems, inadequacies in enforcement practices, reviews the causes, petitions form processing, send on the judicial bodies to synthesize.

4. On the basis of the analysis, review, General information sources specified in paragraph 2 of this Article, the legislature established the category of text detailing the contents does not guarantee availability or have difficult problems, inadequacies in enforcement practices, the Minister reports , The heads of ministerial agencies, government agencies, people's committees of the same level of consideration of additional amendments under the authority or the competent authorities consider, handle.

Article 4. Review, assess the situation ensuring the conditions for enforcement of the law 1. Base sources of information specified in point b, point c and d article 2 item 2 of this circular, specialized agencies consider, evaluate the situation ensure the conditions for the enforcement of laws according to the following basic content: a) identified training needs, common law for each sector and specific objects , compare with the activities, content, forms, training subjects, the common law has been made, reviews the adequacy, timeliness, suitability of training activities, the common law, the impact of the training work, the common law to the sense of compliance and the level of legal awareness of the body organizations, citizens, implement the recommendations advanced effective solution widespread woes, legal training, judicial authorities sent the same level to track, aggregate;

b) determine the needs of the Organization, the number of the standard, public servants meet the requirements of the work to enforce the law, against the actual situation, assessment of conformity of the Organization, the level of response of the human resources, ensuring the recommendations on the Organization , payroll and human resources, the Agency in charge of sending the same staff levels to synthetic, processed, and sent to judicial organs at the same level to track, combined;

c) identified the need for funding, equipment and facilities to meet the requirements of the work to enforce the law, against the State guarantee, reviews of the level of response of the guarantee, the guarantee of funding recommendations, the equipment and the facilities, the Agency in charge of sending the financial woes the same level to sum , processed, and sent to judicial organs at the same level to track, combined.


2. the judicial bodies, in cooperation with the Agency in charge of the Organization and work of authorities finance the same level of synthesis, analysis, considering the recommendations set forth in point a, point b, point c of paragraph 1 of this article, the Minister reports, ministerial-level heads Government agency, the people's Committee, the same level of consideration and processed under the authority or the competent agency proposals review, handling.

Article 5. Review, reviews of the situation in compliance with the law 1. Base sources of information specified in point b, point c and d article 2 item 2 of this circular, specialized agencies consider, assess compliance with the law are as follows: a), established the list of specific provisions in the legal text not yet State agencies and the timely enforcement authority , complete, inaccurate or guidelines lack consistency; the decision to apply the law because the State Agency and authority issued in breach of the order, procedure, jurisdiction, does not guarantee the accuracy; the common law violation in each specific field;

b) reviews the causes of the situation of violation is defined in art. 1 of this article according to the criteria for the content of the legal texts, the work of law enforcement organizations, the Executive aware of the law agencies, organizations, individuals and other causes;

c) petition the competent State agencies implement measures to organize timely enforcement of laws already in force; handle the breach to ensure accuracy and consistency in the guidelines and apply the law; additional amendments, enacted the new legal text; implementing other measures to improve the effectiveness of enforcement of the law and improve the legal system, judicial authorities sent the same level to track, aggregate.

2. judicial bodies review, analysis, compilation of recommendations specified in point c of paragraph 1 of this article, the Minister reports, ministerial heads, government agency, the people's committees at the same level of consideration, processed under the authority or the competent agency proposals review handling.

Chapter II IMPLEMENTATION of OPERATION MONITOR ENFORCEMENT of the LAW article 6. Build tracking plan law enforcement situation 1. Based on the resolutions of the National Assembly at the last session of the year on plans for socio-economic development of the following year, the results of monitoring activities, content to answer questions in Congress, the recommendations of the voters in that year and law enforcement practices, before 30 November each year, the justice presiding , in cooperation with the ministries, ministerial agencies, government agencies propose to government areas of focus to track law enforcement situation in the resolution of the Government on the mission, solutions Executive Director made plans of social-economic development and State budget estimates next year.

2. Pursuant to Government resolutions on those tasks, solutions Executive Director made plans of social-economic development and financing the State budget every year and law enforcement practices in the range, the field of management, within 15 days from the date of the resolution of the Government issued , ministries, ministerial agencies, government agencies, provincial people's Committee to enact plans to monitor the situation of the Ministry, law enforcement, local branches, which defined areas of focus to track law enforcement situation to ensure synchronization with a focus in the field of control of administrative procedure and check the legal text in the range management of the Ministry, local branches in that year.

The base areas of focus to track law enforcement situation in the resolution of the Government, the Ministry of Justice, in collaboration with ministries, ministerial agencies issued, the Organization made plans to monitor the situation of law enforcement in the areas of focus, reported the Prime Minister as a rule.

3. plan to track law enforcement situation consisting of the following principal contents: a) the purpose, requirements;

b) legal documents or legal sector the focus tracking, reviews;

c) specific activities and progress made;

d) responsibilities of agencies, organizations in the implementation of the plan;

DD) funding plan.

4. plan to track law enforcement situation of the Ministry, ministerial-level agencies, government agencies, provincial people's Committee, addressed to the Ministry of Justice to track, aggregate.

Article 7. Receiving and processing information about the law enforcement situation 1. Organizations and individuals may provide information on the law enforcement situation in writing or in person at the next Office or through electronic information Page of the Ministry of Justice (category law enforcement situation), of the ministries, ministerial agencies, government agencies and people's committees of all levels.

2. Ministries, ministerial agencies, government agencies, committees and levels are responsible for receiving information on law enforcement situation by organizations, individuals provided as specified in paragraph 1 of this article; collect information about the situation of law enforcement in the mass media.

After the test, compare of authenticity, information about the law enforcement situation is used as a base to inspect, investigate, survey on the situation of law enforcement in accordance with article 12, article 13 of Decree 59/2012/ND-CP on monitoring implementation of the law (hereinafter abbreviated as Decree No. 59/2012/ND-CP) and article 8 Article 9 of this circular, or handle the tracking results law enforcement situation as defined in article 14 of Decree 59/2012/ND-CP.

Article 8. Check the law enforcement situation 1. Check the law enforcement situation is done according to the plan to track law enforcement situation or when there are difficulties and problems, inadequacies in enforcement practices or at the request of the competent State bodies.

2. Contents check the law enforcement situation is made according to the provisions of article 7, article 8, article 9, article 10 of Decree 59/2012/ND-CP and article 1, article 2, article 3, article 4, article 5 of this circular; at the same time attached to check the implementation of content in the field of control of administrative procedure and check the legal texts have been identified in the plan of the Ministry, local branches.

3. Ministries, ministerial agencies inspect law enforcement for the Ministry, ministerial-level agencies, government agencies and provincial people's committees within the industry, the field of management. The people's Committee issued on check law enforcement situation for the lower-level people's committees within the geographical jurisdiction of the management.

4. The Ministry of Justice, in collaboration with ministries, ministerial agencies, government agencies established interdisciplinary inspection group on the State of law enforcement in the field of interdisciplinary management domain, there are many difficulties and problems, inadequacies in enforcement practices.  

Judicial authorities proposed Ministers, heads of ministerial agencies, government agencies, the Chairman of people's Committee of the same level Union check on law enforcement situation in the areas related to the functions and tasks of the many subdivisions have many difficulties and problems, inadequacies in enforcement practices.

Decided to set up the test group must specify the content, the work plan of the test, the test group composition and organization, agency, individual objects are checked. Decided to set up the test group are reported to the Agency, organization, individual objects are checked at the latest is 7 working days before the start date, proceed to check out.

5. The Agency, organization, individual objects are examined the report in writing, providing information, documents and content-related check; explain the problems in the test content. The test group or competent person check verification, review, conclusions about the problems in the test content.

6. During the test, when the information need of handling as defined in article 14 of Decree 59/2012/ND-CP, test and inspection authorities recommendations the Agency, organization or individual has the authority to apply the necessary measures to handle. Within 15 days from the date of processing petition test results, agencies, organizations, individuals with authority to handle petitions informed about the result of processing petition for examination of the test decision. The absence of agreed with the result of processing or did not get the result handle, decision-makers examine submitted recommendations to the superior handling of the Agency, organization, individual competent handling of test results.

7. Within 15 days from the end of the test, test report the test decision on test results.

Article 9. Census, survey the situation law enforcement 1. Census, survey the law enforcement situation is done according to the plan to track law enforcement situation, when there are these difficulties and problems, inadequacies in enforcement practices or at the request of the competent State agencies, which determine the purpose, audience, content, , time, way made the investigation, survey.

2. Based on the content of the investigation, survey, the Agency chaired units mobilized a team of collaborators joined the investigation, survey, as defined in article 14 of this circular.

3. The content of the investigation, survey the law enforcement situation is made according to the provisions of article 7, article 8, article 9, article 10 of Decree 59/2012/ND-CP and article 1, article 2, article 3, article 4, article 5 of this circular.

4. Principal subjects of the investigation, survey include: a) the officers, servants, employees, workers are directly related to the law enforcement institutions in selected areas of the investigation, survey;

b) Organization, the individual is subject to the direct effects of the text of selected legislation census, survey;

c) experts, scientists have knowledge of selected areas of the investigation, survey.


5. Investigate, survey was done via survey, debates, interviews and other appropriate forms. The form of the investigation, the survey can be taken independently or in combination, integrating with other activities.

6. Investigate, survey through survey are as follows: a) survey is designed into the specific questions, the answers or opinions of subjects surveyed. Content questions should be clear, objective, easy to understand, easy to answer, the full expression of the problems in the content of the investigation, survey; sure to be the purpose of the investigation, survey; fit to be questioned.

Survey can by collaborators to build according to the purpose of the investigation, survey, taken comments, try to complete the investigation before the Agency, unit chaired the investigation, survey, decided to use.

b) unit, agency chaired the investigation, survey, training institutions for the implementation of surveys, the survey of information collected through the survey.

The person who conducted the investigation, survey released survey for respondents vote, explain the purpose of the investigation, survey, the content requirements for the answer choice order voucher scheme answer, ensure objectivity, honestly.

Before currency survey, who made the investigation, survey, test survey. In case the votes have not yet been fully answered, then asked the respondents answer additional votes.

c) Agency, unit chaired the investigation, classification survey survey by audience asked, according to the statistics, issue groups, the results answer the question groups and group objects; collated results of the different objects on the same content to put out of the reviews of the subject was asked to survey content, survey.

7. Investigate, survey through talks was made as follows: a) the base planning, surveying, investigation agencies, the Unit coordinated with related organizations, held talks in the investigation, surveys to collect, General information, comments, reviews on law enforcement situation and recommendations , proposed by the agencies, organizations, individuals attended the seminar;

b) reported construction results seminar.

8. The investigation, survey through direct interviews are done as follows: a) the Agency, unit chaired the investigation, survey the selection, assignment and interview skills training for the realization of the investigation, survey;

b) unit, agency chaired the investigation, surveying selecting interviewees are people knowledgeable about the field of investigation, survey, people subject to the direct effects of legislation in the field of investigation, survey, direct implementation of laws in the field of investigation, survey;

c) content of the interview focused on the important issues, have great influence on the situation in the field of law enforcement investigations, surveys;

d) Who conducted the investigation, survey, to prepare content, questions should talk to the person being interviewed and recorded the full, honest interview content.

9. On the basis of the results of processing the vote, survey results and interviews, agency, unit chaired the investigation, general survey, draft investigation reports, survey. Reports, surveys must have identification, objective reviews of the situation in the field of law enforcement and investigation, survey; propose measures to improve the effectiveness of enforcement of the law and improve the legal system.

The Agency, unit chaired the investigation, prospecting may hold talks and seminars to share opinions and suggestions for the draft report the results of the investigation, survey.

Article 10. Report the situation to enforce the law, ministerial-level agencies, government agencies, the people's Committee issued a report on the situation of law enforcement in the following cases: 1. report the work monitoring periodic law enforcement every year;

2. The report on the situation in the field of law enforcement, local administration; report at the request of the Prime Minister, the Ministry of Justice, the superior people's Committee directly;

3. report when discovering these problems, inadequacies of the legal provisions or see the need to adopt timely measures to prevent the damage that can occur to the social life;

4. Report on the results of handling proposals at the request of the competent State bodies.

Chapter III COORDINATION and MOBILIZE the PARTICIPATION of AGENCIES, organizations, INDIVIDUALS in MONITORING IMPLEMENTATION of the LAW article 11. Coordinate monitoring law enforcement pursuant to specific requests of each active monitoring law enforcement, Ministry, ministerial-level agencies, government agencies, the Commission recommended the agency level, the organization coordinating the implementation track law enforcement situation according to the following : 1. people's Procuratorate, people's Court provided information on the situation of law enforcement agencies, organizations and individuals, through the public prosecutor, the Prosecutor, the judicial activities of the trial;

2. the Vietnam Fatherland Front and the Member organizations that provide information, recommendations of the people through active monitoring of the situation in law enforcement; The Central Committee of the Vietnam Fatherland Front, in coordination with the Ministry of Justice proposed areas of focus to track law enforcement situation in the resolution of the Government on the mission, solutions Executive Director made plans of social-economic development and State budget estimates annually;

3. the law society of Vietnam Vietnam Lawyers Association and the Association provided comments, recommendations of the jurists, lawyers about legal issues related to the situation of law enforcement;

4. the Vietnam Chamber of Commerce and industry, professional associations provide opinions, recommendations of the business, our members about the timeliness, completeness in the enforcement of the law by the competent State agencies; the accuracy, consistency in instruction, applicable legislation and in the application of the legislation of the competent State agencies; uniformity, synchronize, practicability of legal texts and other relevant issues; in collaboration with the Ministry of Justice proposed areas of focus to track law enforcement situation in the resolution of the Government on the mission, solutions Executive Director made plans of social-economic development and State budget estimates annually;

5. The mass information agency provided comments reflecting of social public opinion about the law enforcement situation.

Article 12. The form of active participants monitor the law enforcement situation of individual organizations 1. Social-political organizations, social organizations and careers-other social organizations active participants monitor the law enforcement situation through the following form: a) Send text or via the category law enforcement situation on electronic information Page or Portal reflect its opinion , members of the law enforcement situation, propose solutions to improve the effectiveness of enforcement of the law and improve the legal system to the competent State agencies;

b) send representatives to join the activity monitor enforcement of the law according to the recommendations of the competent State agencies;

c) partners to track law enforcement situation is made according to the provisions of article 14 of this circular.

2. Individuals participating in the activity monitor the law enforcement situation by using the following form: a) directly next to the citizens of the State bodies are competent; send comments in writing or via the mass media to reflect, to provide information about the situation of law enforcement;

b) contributors track the law enforcement situation is made according to the provisions of article 14 of this circular.

Article 13. Secure the participation of organizations, individuals in monitoring law enforcement ministries, ministerial-level agencies, government agencies, the people's Committee of the levels to create favorable conditions for the Organization, individuals involved in monitoring enforcement of the laws according to the following content : 1. Directing the judiciary chairmanship, made the clue to receive and process information about law enforcement situation because the Organization, personal reflection; maintain categories of law enforcement situation on the port or the Ministry's electronic information Page, ministerial-level agencies, government agencies, the people's Committee of the levels prescribed in article 7 of this circular;

2. Ensure the necessary conditions for the Organization, individuals make the mechanism work and the participation of the collaborators to track law enforcement situation; encourage, promote socialization activities monitoring enforcement of the law;

3. Commend the organizations and individuals who had contributed actively, provide valuable information, contributing to improve the effectiveness of the work of monitoring the situation of law enforcement.

Article 14. Contributor track law enforcement situation 1. Partners are mobilized to participate in the activity of collecting, General information; Census, survey; Join comments on handling results track law enforcement situation.

2. Bases of specific conditions and requirements of the work to monitor the law enforcement situation, the head of the judiciary staff, helping Ministers, heads of ministerial agencies, people's committees of the same level to mobilize the participation of organizations, individuals knowledgeable about the industry expertise , the field needs to follow the law enforcement situation.

3. Collaborators watched the situation in law enforcement made under term contract mode or according to each particular case.

Chapter IV article 15 ENFORCEMENT TERMS. Effective enforcement of this circular is effective from July 1, 2014 and replaces circular No. 03/2009/TT-BTP on Mar 3, 2010 by the Minister of Justice instructed the law enforcement monitoring.

Article 16. Responsibility within the field and the area under the control of its management, ministries, ministerial agencies, government agencies, the Commission granted the Organization perform monitoring enforcement of the laws under the provisions of this circular.

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