Decision No. 1041/QD-TTg 2019 Plan on implementation of Law on Execution of Criminal Judgments

DECISION

Promulgating the Plan on implementation of the 2019 Law on Execution of Criminal Judgments^[1]

THE PRIME MINISTER

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the June 14, 2019 Law on Execution of Criminal Judgments;

At the proposal of the Minister of Public Security,

DECIDES:

Article 1.To promulgate together with this Decision the Plan on implementation of the 2019 Law on Execution of Criminal Judgments.

Article 2.This Decisiontakes effect on the date of its signing.

Article 3.Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related agencies, organizations and individuals shall implement this Decision.

Prime Minister
NGUYEN XUAN PHUC

PLAN

On implementation of the 2019 Law on Execution of Criminal Judgments

(Promulgated together with the Prime Minister’s Decision No. 1041/QD-TTg of August 19, 2019)

Law No. 41/2019/QH14 on Execution of Criminal Judgments was passed on June 14, 2019, by the XIV^thNational Assembly at its 7^thsession, and takes effect on January 1, 2020 (below referred to as the Law). To organize the implementation of the Law, the Prime Minister promulgates the implementation Plan with the following contents:

I. OBJECTIVES AND REQUIREMENTS

1. Objectives

a/ To determine contents of relevant tasks, time limit and schedule for completion of the tasks, and responsibilities of mechanisms for coordination among ministries, ministerial-level agencies, government-attached agencies, People’s Committees at all levels, the Supreme People’s Procuracy, Supreme People’s Court, Vietnam Fatherland Front and its member organizations, and related agencies and organizations in order to organize the implementation of the Law in a timely, uniform and effective manner.

b/ To raise the awareness of the Law and responsibility for organizing the implementation of the Law.

2. Requirements

a/ Ensuring the unified direction of the Government and the Prime Minister, effective and close coordination among ministries, sectors, People’s Committees at all levels, and related agencies and organizations in organizing the implementation of the Law.

b/ Ministries, ministerial-level agencies, People’s Committees at all levels, and related agencies and organizations assigned to assume the prime responsibility for or coordinate in implementation shall actively implement the Plan according to the contents and schedule, ensuring the quality, effectiveness and thrift.

II. CONTENTS

1. Disseminating the Law

a/ The Ministry of Public Security shall assume the prime responsibility for disseminating the Law and detailing and guiding documents to officers and soldiers of the People’s Public Security forces, cadres, civil servants and people.

b/ The Ministry of National Defense shall assume the prime responsibility for, and coordinate with the Ministry of Public Security in, disseminating the Law and detailing and guiding documents to leaders, officers and soldiers of agencies and units that advise on or are directly engaged in the execution of criminal judgments in the People’s Army.

c/ The Ministry of Planning and Investment shall coordinate with the Ministry of Public Security in organizing the dissemination of the Law and detailing and guiding documents to leaders and cadres performing managerial or professional work or directly performing tasks related to criminal judgment execution against commercial legal persons.

d/ The Ministry of Justice shall assume the prime responsibility for, and coordinate with the Ministry of Public Security in, organizing the dissemination of the Law and detailing and guiding documents to cadres of civil judgment enforcement agencies and agencies and units performing tasks related to criminal judgment execution under their management.

dd/ The Ministry of Information and Communications shall assume the prime responsibility for, and coordinate with the Ministry of Public Security, Ministry of National Defense, Ministry of Justice, Central Council for Coordination in Law Dissemination and Education, and provincial-level People’s Committees in, directing and guiding central and local news, radio and television agencies in disseminating the Law and detailing and guiding documents.

e/ The Supreme People’s Procuracy and Supreme People’s Court shall assume the prime responsibility for, and coordinate with the Ministry of Public Security in,  organizing the dissemination and study of the Law and detailing and guiding documents in their sectors.

g/ The Vietnam Fatherland Front and its member organizations shall organize the implementation of plans on dissemination of the Law and detailing and guiding documents to their members and people.

h/ Ministries, ministerial-level agencies, People’s Committees at all levels, and related agencies and organizations shall organize the dissemination of the Law and detailing documents in a form suitable to every subject and practical conditions of each agency, unit and locality.

Time for implementation: 2019 and the following years.

2. Reviewing and systematizing legal documents on execution of criminal judgments

Ministries, ministerial-level agencies, provincial-level People’s Committees, the Supreme People’s Procuracy and Supreme People’s Court shall, based on their functions, tasks and powers, organize the review of legal documents related to criminal judgment execution for prompt amendment, supplementation, replacement or annulment or promulgate new ones, ensuring the consistency in the legal system on criminal judgment execution, send the review results to the Ministry of Public Security in November 2019 for summarization and reporting to the Prime Minister.

Time for completion: November 2019.

3. Formulating documents detailing and guiding the implementation of the Law

- The Ministry of Public Security shall assume the prime responsibility for, and coordinate with related ministries and sectors in, formulating 7 Government decrees, 2 joint circulars and 4 circulars of the Minister of Public Security; and coordinate with the Supreme People’s Court in formulating 4 joint circulars (as mentioned in the Appendix to this Decision).

- The Ministry of National Defense shall coordinate with the Ministry of Public Security in formulating decrees of which the latter will take charge and other legal documents detailing and guiding the implementation of the Law; and assume the prime responsibility for formulating 4 circulars of the Minister of National Defense (as mentioned in the Appendix to this Decision).

- The Ministry of Planning and Investment shall coordinate with the Ministry of Public Security in formulating decrees guiding criminal judgment execution against commercial legal persons.

4. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Public Security, Ministry of National Defense, related ministries and agencies, and provincial-level People’s Committees in, making state budget estimates for implementation of the Law according to this Plan.

5. Ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees shall, within the ambit of their tasks and powers, coordinate with the Ministry of Public Security, Ministry of National Defense and related agencies in formulating legal documents detailing and guiding the implementation of the Law; and organize the dissemination of the Law and guiding documents of competent state agencies.

6. The Supreme People’s Court shall assume the prime responsibility for, and coordinate with the Ministry of Public Security and related ministries and sectors in, formulating 4 joint circulars (as mentioned in the Appendix to this Decision).

7. The Supreme People’s Procuracy, Supreme People’s Court, Vietnam Fatherland Front and related agencies shall coordinate with the Ministry of Public Security in formulating documents detailing and guiding the implementation of the Law.

III. FUNDS

1. Funds for the implementation of this Plan shall be covered by the state budget and included in the state budget’s current expenditure estimates for ministries, central agencies and localities according to the current state budget decentralization.

2. The management and use of state budget funds must comply with the Law on the State Budget and guiding documents. Particularly in 2019, ministries, central agencies and provincial-level People’s Committees shall themselves balance and arrange funds within the estimates assigned at the beginning of the year for implementation; for subsequent years, funds for implementation shall be included in the annual state budget estimates.

IV. ORGANIZATION OF IMPLEMENTATION

1. The Minister of Public Security shall monitor, inspect and urge ministries, sectors and provincial-level People’s Committees to organize the implementation of this Plan and report on the implementation of this Plan to the Prime Minister.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees shall, within the ambit of their management, perform the tasks assigned in this Plan and promptly formulate specific plans for implementation of the Law.-

Prime Minister
NGUYEN XUAN PHUC

*The Appendix to this Decision is not translated.