Advanced Search

Circular No. 03/2009/tt-Btp: A Guide To Perform Monitoring Law Enforcement

Original Language Title: Thông tư 03/2010/TT-BTP: Hướng dẫn thực hiện công tác theo dõi tình hình thi hành pháp luật

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Circulars to perform monitoring of law enforcement _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 93/2008/ND-CP on August 22, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of Justice;
Pursuant to Decree No. 24/2009/ND-CP on March 5th, 2009 by government regulation and details measures law enacted the legal text, the Minister of Justice instructed to perform track law enforcement situation as follows: chapter I GENERAL PROVISIONS article 1. The scope and subjects of application this circular guides perform monitoring law enforcement for the Ministry, ministerial-level agencies, government agencies (hereinafter the Department), the people's committees of provinces and cities under central (hereinafter the provincial people's Committee).
Article 2. Principles for monitoring law enforcement track the law enforcement situation is done according to the following rules: 1. continuous, regular, timely and comprehensive;
2. Combine the monitoring of law enforcement situation by industry sector, with the monitoring of the situation of law enforcement in each local scope;
3. Add the track to perform law enforcement situation with the implementation of the functions and tasks of the Agency, the Organization; at the same time ensuring close coordination between the agencies, the Organization of the process undertaken to track law enforcement situation.
Article 3. The purpose of tracking the situation monitored law enforcement law enforcement situation in order to assess the real situation and the effective enforcement of the law, promptly urge, organize and guide the implementation of legal documents; recommendations building, improving the legal system and measures to improve the effectiveness of law enforcement.
Chapter II CONTENT MONITORING LAW ENFORCEMENT article 4. Content monitoring law enforcement work to monitor the law enforcement situation is made on the basis of the monitoring, evaluation of the following: 1. the promulgation of the legal text, detailing and guiding the implementation; text direction, the urge, the Organization made the legal text of the State authorities and State bodies of the same level of authority;
2. The level of compliance with the law by the organs, organizations and individuals;
3. The effect of the propaganda common law;
4. The reasonableness of the rule of law;
5. organizational measures to enforce the law and ensure the conditions for the enforcement of the law.
Article 5. Content of reviews about the situation issued documents detailing and guiding the implementation; text direction, the urge, the Organization made the legal text of the State authorities and State bodies of the same level of jurisdiction 1. The number, form the text should be built, issued under the provisions of the legal text of the State authorities and State bodies of the same level of authority.
2. The number, form, text issued on schedule.
3. The number, form and text construction name, issued progress slower; the reason for slow progress.
4. The situation issued a written direction, urging, organizing legal text.
Article 6. The content reviews of the level of compliance with the law by the organs, organizations and individuals 1. The general situation about the compliance of agencies, organizations and individuals.
2. The provisions of the law are not compliant or non-compliant higher level in fact.
3. The number, form and the degree of violation of agencies, organizations and individuals.  
4. The situation of processing for each type of violation of the law by the State bodies are competent to perform.
5. The cause of non-compliance or non-compliance with higher level the provisions of the law.
Article 7. The content reviews of the effectiveness of the popular propaganda law 1. The level of legal awareness of agencies, organizations and citizens after his popular propaganda.
2. The impact of the propaganda common law to law abiding sense of agencies, organizations and citizens.
3. The cases of violating the law by not understanding the law.
4. Proposed measures to improve the effectiveness of popular propaganda law.
Article 8. Content assessment of the reasonableness of the rule of law reviews fit of the legal provisions with the following issues: 1. socio-economic conditions;
2. AFP levels;
3. cultural and traditional customs;
4. practical requirements set out.
Article 9. The content review on organizational measures to enforce the law and ensure the conditions for the enforcement of the law 1. Measures for law enforcement organizations.
2. Funding for the organization implementing the law.
3. Status of organization and a team of public servants working in the law enforcement response to the task. The condition of the equipment and the facilities ensure the enforcement of the law.
4. The difficulties and obstacles in the law enforcement organization; management and use of funds; Organization and team of public servants perform law enforcement duties.
CHAPTER III the MECHANISM and HOW to PERFORM MONITORING section 1 LAW ENFORCEMENT MECHANISM to PERFORM MONITORING LAW ENFORCEMENT article 10. The mechanism to perform monitoring law enforcement work to monitor the law enforcement situation follow the following mechanism: 1. Monitor the law enforcement situation within the country;
2. track the situation according to the law enforcement industry, field;
3. Monitor the situation in local law enforcement;
4. Monitoring implementation of the law on the basis of the information by the agencies, organizations, businesses and individuals offering.
Article 11. Monitor the situation in law enforcement nationwide 1. The Ministry of Justice monitored the situation in law enforcement nationwide on the basis of monitoring by law enforcement departments, sectors, local and aggregated, analyzed, processed the information about law enforcement situation by the agencies, organizations, businesses and individuals offering.
2. The ministries, provincial people's committees and agencies, related organizations, in coordination with the Ministry of Justice monitored the situation of law enforcement in the scope of management of the Ministry, and local industry.
Article 12. Track law enforcement situation by industry, field 1. The ministries track law enforcement situation in the field of management of the domain industry.
a legal organization) the ministries presiding, in cooperation with the Agency, under the Ministry of industry, Unit Chief, helping Ministers, heads of ministerial agencies, heads of government agencies to perform track law enforcement situation in the field of management of the domain , the industry.
b) agencies, units of ministries, in collaboration with the legal organization helping Ministers, heads of ministerial agencies, heads of government agencies monitor the law enforcement situation in the field is assigned; prepare reports on the situation to law enforcement as defined in chapter IV of this circular, the Organization sent legislation to the General report, Ministers, heads of ministerial agencies, heads of government agencies.
2. The Ministry of Justice monitored the situation of law enforcement in the areas of management within the Department of Justice.
a) Service common problems about building law, coordinate with other agencies, units of general staff, help the Minister oversee the justice tracking the situation of law enforcement in the areas of management within the Department of Justice.
b) agencies, units of the Ministry, in coordination with the General issues of building laws help the Minister of Justice to track law enforcement situation in the field is assigned; prepare reports on the situation to law enforcement as defined in chapter IV of this circular, sent The General issues about building law to General, reporting to the Minister of Justice.
Article 13. Monitor the law enforcement situation in local provincial people's committees monitored law enforcement situation in the areas within its local management.
1. the Chief of the Justice Department, the provincial people's Committee helps oversee monitoring law enforcement in the fields in the management scope of the provincial people's Committee; help the Minister of Justice to track law enforcement situation in the areas in the scope of management of the Ministry of Justice in local.
2. The specialized agencies in the provincial people's Committee, the central cities in cooperation with the Department of Justice monitor the law enforcement situation in the field is assigned; prepare reports on the situation to law enforcement as defined in chapter IV of this circular, sent to Department of Justice General, reported the provincial people's Committee.
Article 14. Track law enforcement situation on the basis of the information by the agencies, organizations, businesses and individuals to provide 1. The ministries and monitor local law enforcement on the basis of information on the situation by law enforcement agencies, organizations, businesses and individuals offering.
2. the legal organization of the ministries, the Department of Justice, in collaboration with the Agency, organization, Unit Chief, relevant help Ministers, heads of ministerial agencies, heads of government agencies, provincial people's Committee in receiving, synthesizing, evaluating and processing the information on law enforcement situation by the agencies businesses, organizations, and individuals provide.
Section 2 HOW to PERFORM MONITORING LAW ENFORCEMENT article 15. How to perform monitoring law enforcement work to monitor the law enforcement situation follow the following ways: 1. Investigate, survey the situation of law enforcement;
2. Check the law enforcement situation;
3. Collect, process information about law enforcement situation.
Article 16. Census, survey the situation for law enforcement

1. Every year, the ministries, the provincial people's Committee building to plan the investigation, law enforcement figure sáttình survey, which defines the content, the field of law and geographical surveys, survey.
2. the legal organization of the ministries, the Justice Department coordinated with the Agency, organization, Unit Chief, relevant help Ministers, heads of ministerial agencies, heads of government agencies, provincial people's Committee organizing the investigation, survey, according to plan and at the request of the State Agency on the level of each particular sector.
Article 17. Check the law enforcement situation 1. The ministries, provincial people's Committee to inspect the situation of law enforcement in areas under the control of the management, and local industry.
2. the legal organization of the ministries, Justice Department Chief of staff, to help Ministers, heads of ministerial agencies, heads of government agencies, provincial people's Committee chaired, in cooperation with the bodies, related institutions to check the situation of law enforcement in areas under the jurisdiction of the management and local branches.
Article 18. Collect, handle information on law enforcement situation 1. Information on the law enforcement situation is gathered from the following sources: a) to report on the situation of law enforcement the competent State agencies;
b) results of the investigation, survey the situation of law enforcement;
c) test results law enforcement situation;
d) information by the agencies, organizations, businesses and individuals offering;
other sources of information).
2. Information on the situation in law enforcement use only when has been analyzed, evaluated and processed. The collection, information processing must ensure the rule of law on privacy and information collection.
Chapter IV REPORTS on the SITUATION in LAW ENFORCEMENT article 19. Reporting to report law enforcement situation is done according to the following modes: 1. Annual periodic reports;
2. thematic reports;
3. irregular reports.
Article 20. Periodic annual report 1. The Government report on the situation in law enforcement nationwide before December 25.
2. The ministries and provincial people's Committee building the report on the situation in the field of law enforcement was assigned to take charge and local in scope, addressed the Department of Justice General Government reports before 31 October.
3. Content of the periodic report annually on the State of implementation of the law of ministries, sectors and localities to be built on the basis of implementing the content of the provisions of article 5, 6, 7, 8, 9 and was built according to the reporting form attached to this circular.
4. the Annual reporting deadline is calculated from October 1 of the previous year to 30 September of the year make a report.
Article 21. Thematic reports based on the work programme and the planning of monitoring; Work program the focus of the Government and law enforcement practices, the Ministry of Justice orientation of some areas of focus, key to the ministries and the provincial people's Committee building the report on law enforcement situation according to topics.
Article 22. Irregular reports the ministries and provincial people's Committee has the responsibility to report on the situation of law enforcement in the following cases: 1. At the request of the Ministry of Justice or the competent State bodies.
2. When these obstacles, any of the provisions of the law or finds it necessary to apply some measures aimed to prevent the timely damage can happen to the social life.
Chapter V IMPLEMENTATION Article 23. Funding to perform monitoring law enforcement funding to perform monitoring of law enforcement ministries, sectors and localities used in estimating annual often genera according to regulations on the decentralization of the budget. The estimating, cost allocation made under the provisions of the law on the State budget and other documents guiding the implementation.
Article 24. Effective enforcement of this circular effect after 45 days from the date of signing.
Article 25. Responsible for enforcing the orders, ministerial-level agencies, government agencies, people's committees of provinces and cities under central responsibility to guide and oversee the Organization monitored the situation to law enforcement within the ministries and localities under the provisions of this circular. In the process, if there are difficulties, obstacles and propose timely reflection on the Ministry of Justice to study the resolution.