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THE PRIME
MINISTER
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SOCIALIST
REPUBLIC OF VIETNAM Independence
- Freedom - Happiness
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No.
153/2005/QD-TTg
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Hanoi,
June 21st, 2005
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DECISION
PROMULGATING
THE REGULATION OF THE LEGAL SYSTEM DEVELOPMENT FACILITY
THE PRIME MINISTER
Pursuant to the December 25,2001
Law on Organization of the Government;
Pursuant to the Governments Decree No.17/2001/ND-CP of May 4, 2001,
promulgating the Regulation on the management and use of official development
assistance (ODA) sources;
Pursuant to the Governments Decree No.103/1998/ND-CP of December 26, 1998, on
management of legal cooperation with foreign countries;
At the proposal of the Justice Minister,
DECIDES:
Article 1. To promulgate
together with this Decision the Regulation of the Legal System Development
Facility.
Article 2. This Decision
takes effect 15 days after its publication in CONG BAO
Article 3. The Justice
Minister, the ministers, the heads of the ministerial-level agencies, the heads
of the Government-attached agencies, the presidents of the Peoples Committees
of the provinces or centrally-run cities, and the heads of the concerned
agencies and organizations shall have to implement this Decision.
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Phan Van Khai
REGULATION
OF THE LEGAL SYSTEM
DEVELOPMENT FACILITY
(Promulgated together with the Prime Ministers Decision No. 153/2005/QD-TTg
of June 21, 2005).
GENERAL PROVISIONS
Article 1. Scope of
regulation and subjects of application of the Regulation.
1. This Regulation prescribes
the mobilization, management and use of the Legal System Development Facility
(hereinafter referred to as the Facility) stated in the document of Project
VIE/02/015 Assistance for the Implementation of Vietnams Legal System
Development Strategy signed on September 4, 2003, between the Vietnamese
Government and the United Nations Development Program (UNDP) and other donors
(hereinafter referent to as the Project).
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a/ The project-executing agency
and the project-implementing agencies;
b/ The facility-using agencies;
c/ The donors.
Article 2. Interpretation
of terms
In this Regulation, the
following terms and phrases are construed as follows:
1. Strategy means the Strategy
on development of Vietnams legal system till 2010.
2. Project-implementing agencies
mean agencies involved in the project implementation stated in the document of
Project VIE/02/015 and other agencies identified in the project execution
process.
3. Facility-using agencies mean
agencies and organizations provided with financial supports by the Facility for
the performance of jobs within the Project.
4. Donors mean donors which have
made financial contributions to the Facility.
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Article 3. Objectives of
the Facility
1. To mobilize capital sources
from donors to facilitate the implementation of the Strategy on development of
Vietnams legal system till 2010.
2. To render financial supports
for priority contents identified in the Project document and newly emerging
contents to be identified in the process of implementing the Strategy on
development of Vietnams legal system till 2010.
Article 4. Rules of the
Facility.
1. Financial supports shall be
provided in a quick and timely manner for the already approved contents.
2. The mobilization, management
and use of financial sources of the Facility shall comply with the provisions
of this Regulation and the National Execution Manual for Vietnam (NEX)
3. The mobilization, management
and use of financial sources of the Facility must be transparent and efficient.
4. The Facility shall operate
within the duration of the Project and terminate on the ending date of the
Project or at any time afterwards under the Agreement on Project Prolongation
between the Vietnamese Government and the other signatories to the Project.
Article 5.. The nature of
the Facility and financial contributions to the Facility.
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2. Financial contributions to
the Facility are mobilized principally from ODA sources.
3. Financial contributions to
the Facility shall be made only when the Justice Ministrys consent is
obtained.
4. The budget balance of the
Facility shall be USD 3,000,000 (three million US dollars). Any excess of this
balance must be proposed by the Justice Ministry to the Prime Minister for
decision.
5. The Justice Ministry shall
act as the coordinator in mobilizing financial contributions to the Facility,
report on and explain the mobilization, management and use of the Facility to
the Government and concerned donors.
Chapter II
ESTABLISHMENT, CRITERIA FOR ASSESSMENT, COMPETENCE AND
ORDER FOR APPROVING CONTENTS ELIGIBLE FOR THE FACILITYS SUPPORTS
Article 6. Domains to be
considered for supports
Contents in the following
domains shall be considered to be included in the list of contents eligible for
the Facilitys supports:
1. Contents aiming to help
enhance the capacity of the mechanism of implementation of the Strategy as well
as the management, coordination, evaluation and oversight of the implementation
of the Strategy.
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3. Key projects aiming to
strengthen capacity of law enforcement agencies at the central and local
levels.
4. Law dissemination and
education, raising of legal awareness of grassroots officials and people,
especially those in rural, mountainous, island, deep-lying and remote areas.
5. Training and fostering of key
legal experts who are qualified to satisfy the requirements on building and
perfection of the legal system and law enforcement set forth in the Strategy.
6. Other contents emerging in
the process of implementing the Strategy, which need supports of the Facility.
Article 7. Criteria for
assessing contents in need of supports.
Based on the domains stated in
Article 6 of this Regulation, contents which satisfy the following criteria
shall be considered for the Facilitys supports:
1. Being in line with the
objectives and development orientations set forth in the Strategy and the
objectives of the Project.
2. Being truly needs at the time
of requesting supports.
3. Being highly feasible.
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5. Not concurrently enjoying
financial supports from other sources.
6. Support-requesting agencies
are capable of operating and spending financial supports.
Article 8. Competence to
approve the use of the Facilitys budget.
1. On the basis of the
objectives and development orientations set forth in the Strategy, the Justice
Minister shall base himself on the existing money amount of the Facility to
personally approve specific contents requesting supports after consulting
opinions of the donors.
2. In special cases, the Justice
Minister shall consult opinions of the Governments aid-coordinating agencies
or report to the Prime Minister before approving specific contents.
Article 9. Order,
procedures and time limit for approval.
1. Contents of agencies and
organizations requesting supports shall be described according to set form and
sent to the Justice Ministry before October 15 of each calendar year.
2. Specific contents eligible
for supports, which have been approved by the Justice Minister, shall be
incorporated in the subsequent years operation plan of the Facility.
3. The Facility shall use the
account of Project VIE/02/015.
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ESPONSIBILITIES AND POWERS OF RELEVANT AGENCIES
Article 10 . Responsibilities
of the Facility-using agencies
1. To conduct supporting
activities strictly according to the plans and schedules already explained in
the approved support-requesting dossiers.
2. To conduct all regular
activities related to the Facilitys finance in compliance with the regulations
of the National Execution Manual (NEX)
3. To make and send to the
Justice Ministry quarterly reports on the progress of activities and the use of
financial supports in strict compliance with the regulations of the NEX
4. To make reports reviewing
activities and reports on financial settlement upon conclusion of activities in
compliance with the regulations of the Project and the NEX
5. To create favorable
conditions for periodical or extraordinary in section and assessment of the
Facilitys activities by the national Project Director and the donors.
Article 11. Responsibilities
of the Justice Minister
1. The Justice Minister has the
following responsibilities:
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b/ To organize the inspection
and assessment of the performance of the Facilitys activities in order to
ensure the efficient use of the Facilitys financial sources;
c/ To convene and chair meeting
between the Inter-Branch Steering Committee and the donors when necessary in
order to unify plans, monitor and inspect the Facilitys activities, including
the management and use of the Facility;
d/ To prepare annual reports on
results of management and use of the Facility.
2. The National Director of
Project VIE/02/015 shall assist the Justice Minister in performing the
functions and tasks prescribed in Clause 1 of this Article.
Chapter IV
IMPLEMENTATION PROVISIONS
Article 12. Effect of the
Regulation
This Regulation takes effect 15
days after its publication in CONG BAO
In cases where the operation
duration of the Facility is prolonged under the agreement between the
Vietnamese Government and the donors, this Regulation shall continue to be
effective within such prolonged duration.
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This Regulation shall be amended
and/or supplemented at the Justice Ministers requests to suit each period.