Decision No. 205/2002/QD-BTP dated May 27, 2002 of the Ministry of National Defense on the plan for implementation of the politburo’s Resolution No. 07/NQ-TW on international economic integration and the Government’s program of action for implementation of the Vietnam-US trade agreement

DECISION

ON THE PLAN FOR IMPLEMENTATION OF THE POLITBURO’S RESOLUTION No. 07/NQ-TW ON INTERNATIONAL ECONOMIC INTEGRATION AND THE GOVERNMENT’S PROGRAM OF ACTION FOR IMPLEMENTATION OF THE VIETNAM-US TRADE AGREEMENT

Pursuant to the Politburo s Resolution No.07/NQ-TW of November 27, 2001 on international economic integration and the Prime Minister s Decision No.37/2002/QD-TTg of March 14, 2002 on the implementation of the said Resolution;

Pursuant to the National Assembly s Resolution No.48/2001/QH10 of November 28, 2001 ratifying the Agreement between the Socialist Republic of Vietnam and the United States of America on trade relations and the Prime Minister s Decision No.35/2002/QD-TTg of March 12, 2002 on the Government’s program of action for implementation of the Vietnam-US Trade Agreement;

Pursuant to the Government s Decree No.38/CP of June 4, 1993 on the functions, tasks, powers and organizational structure of the Justice Ministry;

At the proposal of the director of the Justice Ministry s International Cooperation Department,

DECIDES:

Article 1.-To promulgate together with this Decision the Justice Ministry s plan for implementation of the Politburo s Resolution No.07/NQ-TW of November 27, 2001 on international economic integration and the Government s program of action issued together with the Prime Minister’s Decision No.35/2002/QD-TTg of March 12, 2002 for implementation of the Vietnam-US Trade Agreement.

Article 2.-This Decision takes effect as from the date of its signing.

Article 3.-The directors of the Organization and Personnel Department, the International Cooperation Department, the Civil-Economic Legislation Department and the Criminal-Administrative Legislation Department, the principal of Hanoi Law University, the director of the school for training of judicial officials under various titles and the heads of the concerned units shall have to implement this Decision.

THE JUSTICE MINISTRY’S PLAN FOR IMPLEMENTATION OF THE POLITBURO’S RESOLUTION No. 07/NQ-TW ON INTERNATIONAL ECONOMIC INTEGRATION AND THE GOVERNMENT’S PROGRAM OF ACTION FOR IMPLEMENTATION OF THE VIETNAM-US TRADE AGREEMENT
(Promulgated together with the Justice Minister’s Decision No. 205/2002/QD-BTP of May 27, 2002)

1. OBJECTIVES AND REQUIREMENTS

The Justice Ministry’s plan of action for implementation of the Politburo’s Resolution No.07/NQ-TW on international economic integration and the Government’s program of action for implementation of the Vietnam-US Trade Agreement (hereinafter called the Plan for short) should achieve the following objectives and satisfy the following requirements:

1.1. This plan serves as basis for units in the justice service as well as judicial officials and employees from the central to local level to organize the thorough study of the significance, objectives and requirements of Resolution No.07/NQ-TW on international economic integration and the Government’s program of action for implementation of the Agreement so that they may thoroughly understand advantages and disadvantages, thereby trying their best to bring into play the internal strengths, patriotic tradition and national cultural identities, taking advantage of favorable conditions and opportunities, overcoming difficulties and challenges in the process of implementing the Agreement, in service of socio-economic development objectives, national industrialization and modernization, firmly defending independence, sovereignty and socialist orientations.

1.2. Based on this plan, every unit in the justice service should expeditiously elaborate its specific plan, taking initiative in revising legal documents governing the scope of its activities and proposing amendments and/or supplements thereto, keeping pace with the roadmap for international economic integration and implementation of the Agreement in order to perfect Vietnam’s legal system and satisfy the country’s development requirements in the new period.

1.3. This Plan is also aimed to create new momentum for consolidation of organization and system of judicial bodies and system of legal organizations in the ministries, branches, enterprises as well as legal support bodies, judicial official-training and fostering institutions..., thus contributing to effectively performing tasks related to the justice service in the implementation of the Politburo’s Resolution No.07-NQ/TW of November 27, 2001 on international economic integration, Resolution No.48/2001/QH10 ratifying the July 13, 2000 Bilateral Trade Agreement between the Socialist Republic of Vietnam and the United States of America, Decision No.35/2002/QD-TTg on the Government’s program of action for implementation of the Vietnam-US Trade Agreement and Decision No.37/2002/QD-TTg on the Government’s program of action for implementation of above-mentioned Resolution No.07/NQ-TW.

1.4. In the course of implementing this Plan, every official and employee in the justice service should be clearly aware of advantages and disadvantages of the international economic integration process and the contents of commitments in the Vietnam- US Trade Agreement (hereafter called Agreement for short) in general as well as the matters arising from the Agreement in particular.

2. THE PLAN’S CONTENTS AND IMPLEMENTATION TEMPO

2.1. The work of propagation and dissemination of Resolution No.07/NQ-TW and study of the Agreement:

2.1.1. To assign the Law Dissemination and Education Department to assume the prime responsibility and coordinate with the Jurisprudence Research Institute, the International Cooperation Department, the Organization, Personnel and Training Department, the Ministry’s Office and the Legal Club of Enterprises in organizing the propagation and dissemination of the Politburo’s Resolution on international economic integration as well as the Agreement’s significance and contents to the legal and judicial cadres and subjects who are interested therein.

It is, first of all, necessary to organize the thorough study of objectives, requirements and principal contents of the Government’s programs on international economic integration and Agreement implementation among officials and employees of the Justice Ministry’s agencies, Hanoi Law University, the judicial officials-training school, the legal departments of the ministries, branches and enterprises, the local people’s courts and the provincial/municipal Justice Services so that they may have an uniform understanding thereof, clearly see the advantages, disadvantages and challenges in the implementation of the programs as well as the Agreement for the legal system and justice service.

To prepare documents, books and leaflets to introduce the Agreement’s contents to judicial officials and employees; help the Ho Chi Minh Communist Youth Union’s organization in the Justice Ministry organize meetings for the young people to study the contents of Resolution No.07/NQ-TW on international economic integration and the Agreement’s contents.

Above are the common activities, which should be conducted widely right in the year 2002 in various forms, to various extents, within the entire branch.

2.1.2. To assign the Organization, Personnel and Training Department to assume the prime responsibility and coordinate with the International Cooperation Department, the judicial officials-training school and concerned units in working out plan for judicial cadres to study Resolution No.07/NQ-TW, the Government’s relevant programs and the Agreement’s contents. In the immediate future, it is necessary to expeditiously organize 2 courses on study of the Agreement’s contents, combined with the work of revising legal documents of the central and local bodies under the Justice Minister’s Decision No.457/QD-BTP of November 27, 2001.

The plan for study of Resolution No.07/NQ-TW, the Government’s relevant programs and the Agreement’s contents should be fulfilled in the third quarter of 2002.

2.2. The work of revising legal documents

To assign the working team for revising legal documents in the field of international trade (revising team) to continue implementing the specific plan already approved under the Justice Minister’s Decision No.285/2000/QD-BTP of September 27, 2000. More concretely: To continue assuming the prime responsibility and coordinating with the ministries, branches and provincial-level People’s Committees in revising legal documents according to commitments in the Vietnam-US Trade Agreement, the agreements with WB, IMF and ADB, and the Myazawa Plan as well as the WTO’s requirements; revising and listing international treaties which our country has acceded to, is expected and should accede to in the course of international economic integration according to the contents and requirements set by the Prime Minister in the December 18, 2001 Official Dispatch No.6172/VPCP-TCQT, the March 12, 2002 Decision No.35/2002/QD-TTg and the March 14, 2002 Decision No.37/2002/QD-TTg.

The revision should be completed in the third quarter of 2002.

2.3. The law- and ordinance-making plan

To assign the Civil-Economic Legislation Department to assume the prime responsibility and coordinate with the revising team, the units under the Ministry, and relevant ministries and branches in determining the contents of the 2002-2003 legislative program so as to comply with Vietnam’s international economic integration roadmap and international commitments, including the Vietnam-US Trade Agreement; drafting the Government’s program to be submitted to the National Assembly for amendment, supplementation and/or promulgation of legal documents in the whole tenure of the XIth National Assembly (2002-2006), giving priority to the demand for international economic integration and implementation of the Vietnam-US Trade Agreement, other international commitments as well as the commitment implementation capacity when our country joins the WTO.

The preparation of legal documents for submission to the Government must be completed in the third quarter of 2002.

2.4. The legislative work

To intensify the legislative work, amending, supplementing and/or promulgating legal documents which fall under the jurisdiction of the Justice Ministry; to raise the quality of comments and evaluation of draft legal documents prepared by other ministries and branches, taking into account the international economic integration roadmap and the fulfillment of Vietnam’s international commitments.

To perform the said tasks, it is necessary to carry out the following specific jobs:

2.4.1. To finalize the Bill amending and supplementing a number of articles of the Law on the Promulgation of Legal Documents.

To assign the Criminal-Administrative Legislation Department to assume the prime responsibility and coordinate with the units under the Ministry as well as relevant ministries and branches in finalizing the Bill. It is necessary to complete the consultation with experts about contents related to requirements for transparency of policies and laws. This work should be completed in the second quarter of 2002.

2.4.2. To finalize the draft decree amending and supplementing a number of articles of Decree No.92/CP on legal consultancy practice by foreign lawyers in Vietnam.

To assign the Department for Lawyers and Legal Consultants Management to assume the prime responsibility and coordinate with the International Cooperation Department, the units under the ministries as well as relevant ministries and branches in finalizing the draft decree. It is necessary to consult experts on the draft Decree’s compatibility with Vietnam’s commitments on legal services. These tasks should be completed in the second quarter of 2002.

2.4.3. To organize informal talks and study for improvement of the provisions of the Civil Code, especially the Part on "Intellectual Property Rights and Technology Transfer" in order to meet the requirements of Vietnam’s commitments in the Vietnam-US Trade Agreement.

To assign the Civil-Economic Legislation Department to assume the prime responsibility and coordinate with units under the Ministry as well as the relevant ministries and branches in fulfilling the above-mentioned tasks in 2002.

2.4.4. To formulate a "legal handbook" on Vietnam’s international commitments related to international economic integration, which shall be used in evaluating and commenting on legal documents related thereto.

To assign the Jurisprudence Research Institute to assume the prime responsibility and coordinate with the International Economic Cooperation Department and units under the Ministry as well as the revising team in completing this work in 2002.

2.5. The researching work

To assign the Jurisprudence Research Institute to assume the prime responsibility and coordinate with the International Economic Cooperation Department in carrying out the following activities: collecting documents, lectures, articles and legal documents on international trade legislation and US trade legislation directly related to international economic integration and implementation of the Agreement as well as international treaties referred to by the Agreement so as to ensure the implementation thereof; organizing seminars to introduce laws, providing legal information and working out plans, covering the scientific research subjects on the Agreement’s contents and legal matters in service of the implementation thereof.

These tasks should be performed in 2002 and the subsequent years. In 2002, to make a preliminary general report on the situation of the researching work mentioned in this section.

2.6. The training work

- To include the contents of Resolution No.07/NQ-TW on international economic integration, the Agreement’s contents and Vietnam’s international commitments in the field of international economic integration into textbooks of the law universities and study materials of the judicial cadre-training and-fostering courses. This work should be carried out in the 2002-2003 school year.

The Hanoi Law University and the judicial title-training school shall coordinate with the Ministry of Education and Training in studying and submitting to the Ministry’s leadership a specific scheme for implementation of the above-mentioned contents in the third quarter of 2002.

2.7. The organization and personnel work

2.7.1. The organization work

a/ To assign the Organization, Personnel and Training Department to assume the prime responsibility and coordinate with the International Cooperation Department in consolidating the organization and intensifying international economic integration activities of the branch and preparing a scheme on the establishment of Integration Legislation Department.

The preparation of the scheme on the establishment of Integration Legislation Department should be completed in the second quarter of 2002.

b/ To assign the Civil-Economic Legislation Department to assume the prime responsibility and coordinate with the Organization, Personnel and Training Department in preparing a scheme on consolidating one step the legal organizations of the ministries, branches and State enterprises, including the amendments to Decree No.94/CP on legal organizations in the ministries, ministerial-level agencies and agencies attached to the Government; organize the fostering of law knowledge and law enforcement capability for the cadres of the ministries, branches, localities and enterprises, meeting the requirements and performing the tasks of fulfilling our country’s international commitments in the course of international economic integration.

This work should be carried out in the whole year 2002 and subsequent years.

c/ To assign the Civil-Economic Legislation Department and the Organization, Personnel and Training Department to submit to the Ministry’s leadership for consideration the above-mentioned schemes in the third quarter of 2002.

2.7.2. The personnel work

The Organization, Personnel and Training Department shall assume the prime responsibility and coordinate with the Government Commission for Organization and Personnel, units under the Ministry as well as relevant ministries and branches in elaborating a scheme on studying the human resource development, paying attention to experts in international trade and economic legislation so as to meet the requirements set for the implementation of Vietnam’s international economic integration strategy, international commitments, the Vietnam-US Trade Agreement and other international commitments related to international economic integration (including the selection and fruitful employment of those persons who have researched into and studied laws in the US, lawyers being overseas Vietnamese residing in the US or working in the US law firms and US lawyers of Vietnamese origin; and study of plan for training and fostering of a contingent of lawyers on international economics and trade operating in this field.)

This scheme should be submitted to the Ministry’s leadership in the third quarter of 2002.

2.8. The work of international cooperation

The International Cooperation Department shall assume the prime responsibility and coordinate with the foreign-funded legal projects managed by the Justice Ministry, the Vietnamese-French Law House and the Organization, Personnel and Training Department in working out a plan for use, seeking and mobilization of foreign aids in service of studying and training work and for the fulfillment of Vietnam’s international commitments in the integration process.

This work should be completed in the third quarter of 2002.

3. ORGANIZATION OF PLAN IMPLEMENTATION

3.1. The contents of activities in this Plan and specific plans of units in the justice service should be associated with the context of legal, judicial and administrative reforms, the 2010-2020 socio-economic development strategy... as well as the undertakings on international economic integration and Vietnam’s international commitments so that synchronous and firm steps may be made with long-term, immediate and annual activities, covering the matters of organization, personnel, mechanism, policies and material foundations, suitable to the specific situation of each unit and locality, thus meeting the requirements of implementation of the Politburo’s Resolution on international economic integration, the National Assembly’s resolutions and the Government’s programs.

3.2. Basing themselves on the contents, measures and implementation tempo prescribed in this Plan, the units assigned the prime responsibility shall have to elaborate specific and detailed plans and projects, guiding the units in the justice sector to deploy appropriate solutions for timely completion and satisfaction of the set requirements.

The Ministry’s Office and Planning-Finance Department shall prepare funding and necessary material conditions for the implementation of the Government’s programs of action on international economic integration and implementation of the Vietnam-US Trade Agreement.

The International Cooperation Department shall act as the main body in coordinating, monitoring and urging the strict compliance with the Plan’s tempo and contents and periodically reporting to the Ministry’s leadership on the implementation results.-