THE
GOVERNMENT
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|
SOCIALIST
REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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No.
59/2012/ND-CP
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Hanoi, July
23, 2012
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DECREE
ON MONITORING LAW EXECUTION SITUATION
Pursuant to the Law on Organization of the
Government, of December 25, 2001;
Pursuant to the Law on Organization of
People's Councils and People's Committees, of November 26, 2003;
At the proposal of the Minister of Justice,
The Government promulgates the Decree on
monitoring law execution situation.
Chapter I
GENERAL PROVISIONS
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This Decree provides for contents and activities
of law execution situation monitoring and responsibilities of state agencies
for law execution situation monitoring.
Article 2. Subjects of
application
This Decree applies to ministries,
ministerial-level agencies, government-attached agencies and People's
Committees at all levels involved in monitoring law execution situation.
Article 3. Purposes of law
execution situation monitoring
The law execution situation monitoring aims to
consider and assess the actual situation of law execution and to propose
measures raising the effectiveness of law execution and improving the legal
system.
Article 4. Principles of law
execution situation monitoring
1. Objectivity, publicity and transparency.
2. Regularity, comprehensiveness and with
priority, focus.
3. Combination of monitoring law execution
situation based field and based locality.
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5. Mobilization of participation of political
organizations, socio-political organizations, socio-professional organizations
and people.
Articles 5. Scope of
responsibilities for law execution situation monitoring
1. The Ministry of Justice shall monitor law
execution situation in nationwide.
2. Ministries and ministerial-level agencies
shall monitor law execution situation in sectors and fields under their
management. Government-attached agencies shall monitor law execution situation
in their assigned fields.
Legal departments of ministries,
ministerial-level agencies and government-attached agencies shall assume the
prime responsibility for, and coordinate with agencies and units under their
ministries, ministerial-level agencies and government-attached agencies in,
advising and assisting ministers, heads of ministerial-level agencies and heads
of government-attached agencies in monitoring law execution situation.
Agencies and units under ministries,
ministerial-level agencies and government-attached agencies shall advise and
assist ministers, heads of ministerial-level agencies and heads of
government-attached agencies in monitoring law execution situation in their
assigned fields.
3. People's Committees at all levels shall
monitor law execution situation within their management in localities.
Provincial-level Justice Departments,
district-level Justice Divisions and commune-level civil status and judicial
officers shall assume the prime responsibility for and coordinate with
specialized agencies of district-and provincial-level People's Committees and
specialized officers of commune-level People's Committees in monitoring law
execution situation within their management in localities.
Specialized agencies of provincial- and
district-level People's Committees and specialized officers of commune-level
People's Committees shall advise and assist People's Committees at the same
level in monitoring law execution situation in their assigned fields.
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Article 6. The participation
of organizations and individuals in monitoring law execution situation
1. Organizations and individuals have the right
to participate in monitoring law execution situation.
2. Ministries, ministerial-level agencies,
government-attached agencies and People's Committees at all levels shall
facilitate and encourage organizations and individuals to participate in
monitoring law execution situation.
3. Based on specific conditions and requirements
of law execution situation monitoring, ministries, ministerial-level agencies,
government-attached agencies and People's Committees at all levels shall
mobilize the Vietnam Lawyers Association, the Vietnam Bar Federation and Bar
Associations, the Vietnam Chamber of Commerce and Industry, societies,
associations, research organizations, training organizations and specialists
and scientists being eligible to participate in monitoring law execution
situation as collaborators.
Chapter II
CONTENTS OF LAW
EXECUTION SITUATION MONITORING
Article 7. Contents of law
execution situation monitoring
Ministries, ministerial-level agencies,
government-attached agencies and People's Committees at all levels shall
monitor law execution situation on the basis of consideration, assessment of
the following contents:
1. Promulgation of legal documents detailing
implementation of law;
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3. Law observance situation.
Article 8. Contents of
considering and assessing the promulgation of legal documents detailing
implementation of law
1. Timeliness and completeness of the
promulgation of detailing legal documents.
2. Consistency and synchronism of legal
documents.
3. Enforceability of legal documents.
Article 9. Contents of considering
and assessing the assurance of conditions for law execution
1. Timeliness, sufficiency, appropriateness and
effectiveness of law training and dissemination.
2. Suitability of the organizational apparatus
and the satisfying extent of human resource for law execution situation.
3. The satisfying extent of funds and material
facilities for assurance of law execution.
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1. Timeliness and sufficiency in law execution
of state agencies and competent persons.
2. Accuracy and consistency in guidance on law
application and in law application of state agencies and competent persons.
3. Extent of law observance of agencies,
organizations and individuals.
Chapter III
THE OPERATION OF MONITORING
LAW EXECUTION SITUATION
Article 11. Collection
information on law execution situation
1. Ministries, ministerial-level agencies,
government-attached agencies and People's Committees at all levels shall
summarize information on law execution situation of the state agencies
specified in Articles 16 and 17 of this Decree according to the following
contents:
a/ Quantity, forms and titles of legal documents
detailing implementation of law; quantity, forms and titles of legal documents
promulgated behind schedule, and reasons for such delay; quantity of
contradictory, inconsistent and unenforceable legal documents;
b/ Contents and forms of law training and
dissemination have conducted; actual situation of the organizational apparatus,
personnel and conditions on funds and material facilities to ensure law
execution;
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d/ Handling of violations.
2. Ministries, ministerial-level agencies,
government-attached agencies and People's Committees at all levels shall
collect information on law execution situation published in the mass media or
supplied by organizations and individuals.
Organizations and individuals may supply
information on law execution situation directly or through websites of
ministries, ministerial-level agencies, government-attached agencies and
People's Committees at all levels.
The information published in the mass media or
supplied by organizations and individuals must be checked and verified before
they are used for assessment of law execution situation.
Article 12. Inspection of
law execution situation
1. Ministries, ministerial-level agencies,
government-attached agencies and People's Committees at all levels shall
inspect law execution situation within the scope of their responsibilities
specified in Article 5 of this Decree aiming to promptly detect difficulties
and problems in law execution and limitations, insufficiency of the legal
system.
2. Agencies, organizations and individuals being
subject to examination shall comply with requests of inspection agencies as
prescribed by law.
Article 13. Investigation
and survey of law execution situation
1. Ministries, ministerial-level agencies,
government-attached agencies and People's Committees at all levels shall
investigate and survey at the request of the law execution situation in each
field or locality or specific subjects through survey questionnaires, talk
shows, direct interviews or other appropriate forms.
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Article 14. Handling of law
execution situation monitoring results
1. Based on result of information collection and
results of law execution situation inspection, investigation and survey,
ministries, ministerial-level agencies, government-attached agencies and
People's Committees at all levels shall handle according to their competence or
shall propose competent agencies or persons to handle results of law execution
situation monitoring according to the following contents:
a/ To promptly and fully promulgate legal
documents detailing implementation of law;
b/ To take measures to raise the effectiveness
of law training and dissemination; to ensure the organizational apparatus,
personnel, funds and other conditions for law execution;
c/ To promptly organize the execution of
effective legal documents;
d/ To take measures to ensure accuracy and
consistency in guidance on law application and in law application;
dd/ To amend, supplement and promulgate newly
legal documents;
e/ To take other measures to raise the
effectiveness of law execution situation and improve the legal system.
2. Ministries, ministerial-level agencies,
government-attached agencies and provincial-level People's Committees shall
process results of law execution situation monitoring at the request of the
Ministry of Justice or a ministry or ministerial-level agency in scope of
sectors and fields under their management.
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Chapter IV
THE RESPONSIBILITIES OF
STATE AGENCIES FOR LAW EXECUTION SITUATION MONITORING
Article 15.
Responsibilities of the Ministry of Justice
1. To submit to competent agencies for
promulgation or promulgate according to its competence legal documents on law
execution situation monitoring.
2. To submit to the Prime Minister for
promulgation the National Statistical Norm System as a basis for considering
and assessing law execution situation in according to this Decree.
3. To guide, urge and inspect ministries,
ministerial-level agencies, government-attached agencies and provincial-level
People's Committees in monitoring law execution situation.
4. To assume the prime responsibility for, and
coordinate with ministries, ministerial-level agencies, government-attached
agencies and relevant agencies and organizations in, monitoring law execution
situation in nationwide and in fields under scope of interdisciplinary
management with difficulties and problems of execution in practice.
5. Annually, before November 15, to report on
law execution situation monitoring in nationwide to the Prime Minister.
6. To perform the responsibilities specified in
Article 16 of this Decree.
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1. To direct, guide, urge and inspect their
attached agencies and units in monitoring law execution situation.
2. To promulgate the branch statistical norm
system as a basis for considering and assessing law execution situation as
prescribed in this Decree.
3. To issue and implement their plans on law
execution situation monitoring.
4. To process results of law execution situation
monitoring as prescribed in Article 14 of this Decree.
5. To ensure conditions for law execution
situation monitoring.
6. Annually, before October 15, to report on law
execution situation monitoring to the Ministry of Justice.
Article 17.
Responsibilities of People's Committees at all levels
1. To direct, guide, urge and inspect
specialized agencies of People's Committees at the same level and subordinate
People's Committees in monitoring law execution situation in their localities.
2. To issue and implement their plans on law
execution situation monitoring.
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4. To ensure conditions for law execution situation
monitoring.
5. Annually, before October 15, provincial-
level People's Committees shall report on law execution situation monitoring to
the Ministry of Justice.
Commune- and district-level People's Committees
shall report on law execution situation monitoring at the request of their
immediate superior People's Committees.
Article 18. Coordination in
law execution situation monitoring
Ministries, ministerial-level agencies,
government-attached agencies and People's Committees at all levels shall
coordinate with People's Procuracies, People's Courts, the Vietnam Fatherland
Front and its member organizations and other related organizations in
monitoring law execution situation.
Chapter V
IMPLEMENTATION
PROVISIONS
Article 19. Funds for law
execution situation monitoring
Law execution situation monitoring of agencies
and units at a level shall be funded by the state budget of the same level and
be included in annual budget estimates of those agencies and units. The
estimation and allocation of funds comply with the State Budget Law and its
detailing and guiding documents.
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1. This Decree comes into effect on October 01,
2012.
2. The Minister of Justice shall guide and
inspect the implementation of this Decree.
3. Ministers, heads of ministerial-level
agencies, heads of government-attached agencies and chairpersons of People's
Committees at all levels shall implement this Decree.-
ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung