The Decree 59/2012/nd-Cp: Monitoring The Situation In Law Enforcement

Original Language Title: Nghị định 59/2012/NĐ-CP: Theo dõi tình hình thi hành pháp luật

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Decree on monitoring implementation of the law _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
Pursuant to the law organizing the people's Council and people's Committee on November 26, 2003;
According to the recommendation of the Minister of Justice, the Government issued the Decree on monitoring implementation of the law.
Chapter I GENERAL PROVISIONS article 1. Scope of this Decree regulates the content, operation monitoring the implementation of the law and the responsibility of State agencies in the work of monitoring the situation of law enforcement.
Article 2. The object of this Decree apply apply to ministries, ministerial agencies, government agencies, the people's Committee in the work of monitoring the situation of law enforcement.
Article 3. The purpose of tracking the situation monitored law enforcement law enforcement situation to consider, assess law enforcement situation, implement the recommendations advanced effective solutions to enforce the law and improve the legal system.
Article 4. Principles of monitoring implementation of the law 1. Objectively, openly, transparently.
2. Regular, comprehensive, has the focus, focus.
3. Combined track law enforcement situation by sector and by geographical areas.
4. Ensure tight coordination between agencies, organizations in the process of monitoring implementation of the law; no duplication, overlap with activities in the scope of the duties and powers of the State authorities was regulated.
5. Mobilizing the participation of political organization, social-political organizations, social organizations-business and people.
Article 5. The scope of the responsibility to monitor the law enforcement situation 1. The Ministry of Justice monitored the situation in law enforcement nationwide.
2. Ministries, ministerial agencies monitor the law enforcement situation in the industry, in the field of the management scope, ministerial-level agencies. Government agencies monitor the law enforcement situation in the field is assigned.
Legal organizations in ministries, ministerial agencies, government agencies, in collaboration with agencies, units of the Ministry, ministerial-level agencies, government agencies, staff help Ministers, heads of ministerial agencies, government agencies monitor the law enforcement situation.
Agencies, units of the Ministry, ministerial-level agencies, government agencies, staff help Ministers, heads of ministerial agencies, government agencies monitor the law enforcement situation in the field is assigned.
3. the people's committees of all levels monitor the law enforcement situation in the local management scope.
The Department of Justice, the judiciary, the judicial officer-level Civil Registrar hosted, in cooperation with the specialized agencies in the provincial people's committees, district level, public servants in specialized committees monitor township-level law enforcement situation in the local management scope.
The specialized agencies in the provincial people's committees, district level, public servants in specialized committees social counsels, committees of the same level to help monitor the law enforcement situation in the field is assigned.
Legal organizations in specialized agencies in the provincial people's Committee staff, help the head professional body monitoring implementation of the law.
Article 6. The participation of institutions and individuals active in monitoring enforcement of the law 1. Organizations and individuals have the right to participate in the activity monitor enforcement of the law.
2. Ministries, ministerial agencies, government agencies, the people's Committee of the levels have a responsibility to facilitate and encourage the participation of institutions and individuals active in monitoring enforcement of the laws.
3. the bases of specific conditions and requirements of the work to monitor the law enforcement situation, Ministry, ministerial-level agencies, government agencies, the people's Committee of the Law Society mobilization grants Vietnam Vietnam Lawyers Association and the Union lawyer, Vietnam Chamber of Commerce and industry , social associations, career, research, training, expert, qualified scientists active participants monitor the situation with law enforcement partners.
Chapter II CONTENT MONITORING LAW ENFORCEMENT article 7. Content monitoring law enforcement ministries, ministerial agencies, government agencies, committees and levels to track law enforcement situation on the basis of the review, assess the following: 1. the issued documents detailing the implementation of the legal text;
2. the guarantee the conditions for the enforcement of the law;
3. The situation in compliance with the law.
Article 8. Content review, reviews the situation issued documents detailing the implementation of the legal text 1. Timeliness, completeness of the text issued detailed rules.
2. Uniformity, synchronization of text.
3. Feasibility of the text.
Article 9. Content review, reviews of the situation to ensure the conditions for the enforcement of the law 1. The timeliness, completeness, suitability and efficiency of training activities, common law.
2. Suitability of the Organization; the level of response of the manpower for the enforcement of the law.
3. The level of response about the funding, facilities and guarantees for the enforcement of the law.
Article 10. Content review, reviews the situation in compliance with the law 1. Timeliness, completeness in the enforcement of the law by State agencies and competent person.
2. The accuracy, consistency in the application of laws and guidelines in the application of the laws of the State bodies and competent person.
3. The level of compliance with the law of Agency, organization, individual.
Chapter III MONITORING ACTIVITY LAW ENFORCEMENT article 11. Collect information about law enforcement situation 1. Ministries, ministerial agencies, government agencies, the Commission granted the General information about the law enforcement situation from reports of State bodies with the provisions of article 16, article 17 of this Decree according to the following content: a) the number and name of the text form, detailing the implementation of the legal text; the number, form and text names issued progress slow and slow the progress of reason; the number of non-text, non-uniform and viability is not high;
b) training modalities, content, common law was made; the reality about the Organization, human resources, the conditions of funding and infrastructure ensure enforcement of the law;
c) Guide situation applying law, applicable law situation of State bodies and authorities;
d) the situation handled in violation of the law.
2. Ministries, ministerial agencies, government agencies, committees and levels to collect information about the situation of law enforcement in the mass media and information organization, individual offers.
The Organization, individuals can directly provide information on law enforcement situation, or through the Ministry's electronic information Page, ministerial-level agencies, government agencies and people's committees of all levels.
The information posted on the mass media and information by organizations, individuals provided must be reconciled before the test used to assess law enforcement.
Article 12. Check the law enforcement situation 1. Ministries, ministerial agencies, government agencies, committees and levels to check the situation in law enforcement responsibilities are specified in article 5 of this Decree in order to promptly detect the difficulties, obstacles and restrictions in law enforcement and deficiencies, inadequacies of the legal system.
2. Agencies, organizations, individuals as test subjects is responsible for implementing the requirements of the agency conducting the test according to the provisions of the law.
Article 13. Census, survey the situation law enforcement 1. Ministries, ministerial agencies, government agencies, people's Committee investigating levels, survey at the request of the law enforcement situation of each sector, and specific audience through survey, debates, interviews and other appropriate forms.
2. active investigations, surveys can be done according to the mechanism of collaborators.
Article 14. Processing the results of monitoring implementation of the law 1. The resulting base to gather information, test results, surveys, survey the law enforcement situation, Ministry, ministerial-level agencies, government agencies, committees and levels of processing according to the authority or agency recommendations, the competent handling of results monitoring law enforcement according to the following content : a) issued in a timely manner, the full text of regulations detailing the implementation of the legal text;
b) implement measures to improve the effectiveness of the work of training, common law; sure about the Organization, staffing, funding and other conditions for the enforcement of the law;
c) timely enforcement institutions legal text was in effect;
d) implement measures to ensure accuracy and consistency in the application of laws and guidelines in the application of the law;
DD) modify, Supplement, issued the new legal text;
e) perform other measures aimed to improve the effectiveness of enforcement of the law and improve the legal system.
2. Ministries, ministerial agencies, government agencies, provincial people's Committee has the responsibility to handle the tracking results law enforcement situation as proposed by the Ministry of Justice or Ministry, ministerial-level agencies within the industry, in the field of the management scope, ministerial-level agencies.
Lower level people's Committee is responsible for processing the results of monitoring implementation of the law at the request of the people's Committee of the upper level directly.
Chapter IV RESPONSIBILITIES of STATE BODIES in MONITORING ENFORCEMENT of the LAW article 15. The responsibility of the Ministry of Justice 1. The competent authority issued or issued under the authority of the legal text on monitoring implementation of the law.
2. The Prime Minister issued the national statistical indicators as a basis for the review, assess law enforcement under the provisions of this Decree.
3. Guide the urge, check out the Ministry, ministerial-level agencies, government agencies, provincial people's Committee in implementing the work of monitoring the situation of law enforcement.

4. Hosted, in cooperation with ministries, ministerial agencies, government bodies and bodies of relevant organizations to track law enforcement situation within the country and in areas of interdisciplinary management domain, there are many difficulties and problems, inadequacies in enforcement practices.
5. The annual report of the Prime Minister on the work of monitoring the situation of law enforcement within the country before November 15.
6. Perform the responsibilities stipulated in article 16 of this Decree.
Article 16. The responsibility of ministries, ministerial agencies, government agencies 1. Direction, guidance, urge, test bodies, subdivisions in performing the work of monitoring the situation of law enforcement.
2. The promulgation of industry statistics indicators as a basis for the review, assess law enforcement under the provisions of this Decree.
3. Promulgation and implementation plan to monitor the law enforcement situation of the Ministry, ministerial-level agencies, government agencies.
4. Processing of results monitoring enforcement of the law as specified in article 15 of this Decree.
5. Ensure the conditions for the implementation of the work of monitoring the situation of law enforcement.
6. The annual report of the Department of Justice to track law enforcement situation before 15 October.
Article 17. The responsibility of the people's Committee of the level 1. Direction, guidance, urge, check out the professional body in the people's committees of the same level, the lower level people's Committee in implementing the work of monitoring the situation in local law enforcement.
2. Enactment and implementation plan to monitor enforcement of the law of the people's Committee.
3. Processing the results of monitoring implementation of the law as specified in article 15 of this Decree.
4. Ensure the conditions for the implementation of the work of monitoring the situation of law enforcement.
5. Each year, the provincial people's Committee reported the justice tracking work on law enforcement situation before 15 October.
The people's Committee at district level, the social level made the report on the work of monitoring the situation of law enforcement at the request of the people's Committee of the upper level directly.
Article 18. Coordinate monitoring law enforcement ministries, ministerial agencies, government agencies, committees and levels are responsible for cooperation with the people's Procuratorate, people's Court, the Vietnam Fatherland Front and the Member organizations, other relevant organizations in the implementation of the work of monitoring the situation of law enforcement.
Chapter V ENFORCEMENT PROVISIONS article 19. Funding to perform monitoring law enforcement funds for the work of monitoring the situation of law enforcement bodies, subordinate units would do the State budget levels which insure and be aggregated to estimate the Agency's annual budget, unit. The estimate, funding allocations are made according to the provisions of the law on the State budget and other documents detailing and guiding the implementation of.
Article 20. Effect 1. The Decree has effect as from October 1, 2012.
2. The Minister of Justice is responsible for guiding, inspecting the implementation of this Decree.
3. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the levels is responsible for the implementation of this Decree.

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