Decision 977/QD-TTg 2022 Scheme on improvement of the law access capacity of the people

DECISION

Approving the Scheme on improvement of the law access capacity of the people^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and Law on Organization of Local Administration;

Pursuant to the June 20, 2012 Law on Law Dissemination and Education;

Pursuant to the June 22, 2015 Law on Promulgation of Legal Documents;

Pursuant to the June 18, 2020 Law Amending and Supplementing a Number of Articles of the Law on Promulgation of Legal Documents;

Pursuant to the April 6, 2016 Law on Access to Information;

Pursuant to the Government’s Decree No. 52/2015/ND-CP of May 28, 2015, on the National Law Database;

Pursuant to the Government’s Resolution No. 50/NQ-CP of May 20, 2021, on the Government’s Program of Action to implement the Resolution of the XIII^th National Party Congress;

At the proposal of the Minister of Justice,

DECIDES:

Article 1. To approve the Scheme on improvement of the law access capacity of the people (below referred to as the Scheme) with the following principal contents:

I. DIRECTING VIEWPOINTS

1. To grasp and promptly implement the Party’s guidelines and policies, the State’s laws and the Government’s and Prime Minister’s directions on improvement of the law access capacity of the people, thus contributing to building and improving the Vietnamese Socialist Law-ruled State of the People, by the People and for the People.

2. To further raise the operational effectiveness and efficiency of state agencies, bring into full play the role of the Vietnam Fatherland Front, socio-political organizations, socio-political-professional organizations, socio-professional organizations, social organizations and organizations practicing in the field of judicial assistance in helping the people, particularly special subjects, children, and members of poor households or households living just above the poverty line, access law.

3. To consider law access not only a right but also an active responsibility of every citizen to protect his/her lawful rights and interests and perform his/her obligations in accordance with law.

II. OBJECTIVES

1. General objectives

To formulate and promptly, effectively and comprehensively implement solutions and tasks in order to improve the law access capacity of the people and heighten responsibilities of agencies and organizations in securing and supporting the people’s law access, thus contributing to improving their legal knowledge and sense of law observance and use in order to exercise their rights and protect their lawful interests, thereby forming a habit and lifestyle of living and working in abidance by the Constitution and law.

2. Specific objectives

a/ To complete the review and proposal of policies and legal institutions related to the people’s law access, ensuring their completeness, effectiveness, feasibility and appropriateness in each period;

b/ To improve the awareness, sense of responsibility and habits of studying, using and abiding by law of the people, particularly special subjects, children, and members of poor households and households living just above the poverty line;

c/ To create conditions for ministries, ministerial-level agencies and provincial-level People’s Committees to effectively perform their functions and assigned tasks meeting practical requirements, thereby facilitating the people’s law access;

d/ To raise the capacity of the Vietnam Fatherland Front and its member organizations to supervise and make social criticisms in helping improve the people’s law access capacity;

dd/ To raise the capacity of socio-political-professional organizations, socio-professional organizations, social organizations and organizations practicing in the field of judicial assistance to promote their social responsibilities in the provision of legal information and consultancy to the people.

III. SCOPE OF THE SCHEME

1. The Scheme shall be implemented nationwide.

2. The Scheme shall be implemented from 2023 to 2030.

IV. MAJOR TASKS AND SOLUTIONS

1. Reviewing, and studying and proposing revisions to, policies and legal institutions to guarantee and support the people’s law access

a/ To review, and study and propose revisions to, regulations on law dissemination and education, reconciliation at the grassroots level, and law and information access standards in order to renew contents and implementation methods through the State’s establishment of necessary conditions for the people to proactively access legal information. 

In-charge agency: Ministry of Justice.

Coordinating agencies: ministries, ministerial-level agencies and government-attached agencies (below collectively referred to as ministries) and other related agencies and organizations.

Implementation period: from 2023 to 2026.

b/ To review, and study and propose revisions to, policies and regulations on legal aid and judicial assistance in order to lay grounds for mobilizing social resources and promoting the role and social responsibility of organizations and their members.

In-charge agency: Ministry of Justice.

Coordinating agencies: ministries, the Vietnam Bar Federation, the Central Committee of the Vietnam Lawyers Association, the Vietnam Notary Association, and other related agencies and organizations.

Implementation period: from 2023 to 2026.

c/ To study and learn from experience of foreign countries to serve the improvement of policies, legal institutions and models of improvement of the law access capacity of the people.

In-charge agency: Ministry of Justice.

Coordinating agencies: other related agencies and organizations.

Implementation period: from 2023 to 2026.

2. Raising awareness and sense of responsibility of and forming habits of studying, using and abiding by law for the people

a/ To firmly grasp and regularly and continuously carry out public communication in appropriate forms about the position, role and importance of law in the social life as well as necessity of the people’s proactive study of law.

In-charge agencies: ministries and provincial-level People’s Committees.

Coordinating agencies: press and media agencies, and other related agencies and organizations.

Implementation period: annually, from 2023 to 2030.

b/ To survey demands of, and evaluate the situation of law implementation and use by, the people; to study, develop and apply models and forms of law access suitable to different subjects and localities.

In-charge agencies: ministries and provincial-level People’s Committees.

Coordinating agencies: other related agencies and organizations.

Implementation period: depending on task requirements of agencies, from 2023 to 2030.

c/ To provide and guide legal knowledge and skills of law study and use in appropriate forms, attaching importance to the application of information technology, digital transformation, mass media, and integration of such knowledge and skills in community activities, etc. 

In-charge agencies: ministries and provincial-level People’s Committees.

Coordinating agencies: other related agencies and organizations.

Implementation period: annually, from 2023 to 2030.

d/ To consolidate and improve efficiency of hotlines and channels for receiving and responding to recommendations and reports, providing answers to inquiries, consultancy and support regarding issues related to the protection of lawful rights and interests of the people.

In-charge agencies: ministries and provincial-level People’s Committees.

Coordinating agencies: other related agencies and organizations.

Implementation period: annually, from 2023 to 2030.

dd/ To improve the law access capacity of special subjects, children, and members of poor households or households living just above the poverty line.

- To consolidate the contingent of personnel who have legal knowledge and skills of providing legal information, consultancy or aid and carrying out law dissemination and education; to formulate and implement programs on law dissemination and education and provision of legal consultancy and aid suitable to different subjects.

In-charge agencies: Ministry of Labor, Invalids and Social Affairs; Ministry of Culture, Sports and Tourism; Committee for Ethnic Minority Affairs; Ministry of Public Security; Ministry of Justice; and provincial-level People’s Committees.

Coordinating agencies: Central Committee of the Ho Chi Minh Communist Youth Union; Central Committee of the Vietnam Women’s Union; Central Committee of the Vietnam Lawyers’ Association; Vietnam Bar Federation, and other related agencies and organizations.

Implementation period: annually, from 2023 to 2030.

- To improve capacity of, and provide funds for, organizations representing special subjects in performing the tasks of providing legal information, consultancy or aid and carrying out law dissemination and education for their members.

In-charge agencies: ministries and provincial-level People’s Committees.

Coordinating agencies: Vietnam Bar Federation; Central Committee of the Vietnam Lawyers’ Association; organizations representing special subjects, and other related agencies and organizations.

Implementation period: annually, from 2023 to 2030.

- To study and implement new solutions to improve the law access capacity, provide legal information and carry out law dissemination and education suitable to different subjects.

In-charge agencies: Ministry of Labor, Invalids and Social Affairs; Ministry of Culture, Sports and Tourism; Committee for Ethnic Minority Affairs; Ministry of Public Security; Ministry of Justice, and provincial-level People’s Committees.

Coordinating agencies: Central Committee of the Ho Chi Minh Communist Youth Union; Central Committee of Vietnam Women’s Union; Central Committee of the Vietnam Lawyers’ Association; Vietnam Bar Federation, and other related agencies and organizations.

Implementation period: annually, from 2023 to 2030.

e/ To organize selection, honoring, commendation and rewarding of exemplary citizens, good people and good deeds in law making, protection and implementation activities; to attract and praise useful initiatives in the provision of support for law access and improvement of law access capacity of the people.

In-charge agencies: ministries and provincial-level People’s Committees.

Coordinating agencies: other related agencies and organizations.

Implementation period: annually, from 2023 to 2030.

3. Raising capacity and sense of responsibility of ministries and provincial-level People’s Committees

a/ To raise the awareness of agencies responsible for law implementation to fully perform their functions and assigned tasks and intensify activities of self-supervision and self-examination during task performance; to review, ensure conditions for, and guide the provision of legal information to the people, thereby helping them exercise their lawful rights and protect their lawful interests in the course of citizen reception, settlement of complaints, denunciations, reports and recommendations, especially the accountability for, and publicity and transparency of responses to, the people’s reports and recommendations; to receive and settle administrative procedures; to exchange opinions and organize dialogues; to practice grassroots democracy; to evaluate law access standards in localities.

In-charge agencies: ministries and provincial-level People’s Committees.

Coordinating agencies: other related agencies and organizations.

Implementation period: annually, from 2023 to 2030.

b/ To consolidate the contingent and improve the quality of human resources of agencies and organizations for law access assurance and support, especially in the settlement of matters directly related to the people, focusing on the formulation and implementation of programs on regular refresher and training courses and organization of professional seminars, workshops and contests, attaching importance to the contingent of legal rapporteurs and disseminators who are ethnic minority people or prestigious people in the community.

In-charge agencies: ministries and provincial-level People’s Committees.

Coordinating agencies: other related agencies and organizations.

Implementation period: annually, from 2023 to 2030.

c/ To fully perform the responsibility for providing information in accordance with law, raising the efficiency of information provision upon request; to make and issue press releases on legal documents promulgated by ministries, ministerial-level agencies and provincial-level administrations.

In-charge agencies: ministries and provincial-level People’s Committees.

Coordinating agencies: other related agencies and organizations.

Implementation period: annually, from 2023 to 2030.

d/ To continue efficiently performing tasks and implementing solutions of providing legal aid to the people.

In-charge agencies: Ministry of Justice and provincial-level People’s Committees.

Coordinating agencies: other related agencies and organizations.

Implementation period: annually, from 2023 to 2030.

dd/ To formulate a mechanism for attracting legal counsels, lawyers, jurists, people with legal knowledge and prestigious people to participate in grassroots reconciliation; to develop and replicate typical models of grassroots reconciliation.

In-charge agencies: Ministry of Justice and provincial-level People’s Committees.

Coordinating agencies: Central Committee of the Vietnam Fatherland Front, the Vietnam Bar Federation, the Central Committee of the Vietnam Lawyers’ Association, and other related agencies and organizations.

Implementation period: annually, from 2023 to 2030.

e/ To step up inspection, examination, handling of violations, emulation, commendation and rewarding in the implementation of the laws concerning human rights, citizens’ rights and responsibilities and obligations of agencies and organizations in activities related to the people’s law access.

In-charge agencies: ministries and provincial-level People’s Committees.

Coordinating agencies: other related agencies and organizations.

Implementation period: annually, from 2023 to 2030.

4. Bringing into full play the role of the Vietnam Fatherland Front and its member organizations, socio-political-professional organizations, socio-professional organizations, social organizations and organizations practicing in the field of judicial assistance in supporting the people’s law access

a/ To expand the network of agencies and organizations providing legal information and consultancy, focusing on the improvement of quality of legal counsels and consultants, and intensify coordination with state agencies in supporting and protecting lawful rights and interests of the people.

In-charge agencies: The Central Committee and member organizations of the Vietnam Fatherland Front shall direct and organize these activities.

Coordinating agencies: other related agencies and organizations.

Implementation period: annually, from 2023 to 2030.

b/ To intensify social supervision and criticism in the implementation of the laws concerning human rights, citizens’ rights and accountability of agencies and organizations in ensuring and supporting the people’s law access.

In-charge agencies: The Central Committee and member organizations of the Vietnam Fatherland Front shall direct and organize these activities based on subject matters.

Coordinating agencies: other related agencies and organizations.

Implementation period: annually, from 2023 to 2030.

c/ To intensify the mobilization of the people and members of organizations to voluntarily and proactively study and abide by law; to provide pro-bono legal consultancy to and support the people in promptly solving law-related difficulties and problems; to develop and implement initiatives and efficient models of supporting the people’s law access and improving the people’s law access capacity.

In-charge agencies: The Central Committee and member organizations of the Vietnam Fatherland Front shall direct and organize these activities; socio-political-professional organizations, socio-professional organizations and social organizations shall implement these activities.

Coordinating agencies: other related agencies and organizations.

Implementation period: annually, from 2023 to 2030.

d/ To consolidate the contingent and raise the capacity of persons engaged in law dissemination and education, persons invited to participate in law dissemination and education who are members of the Vietnam Fatherland Front and its member organizations, socio-political-professional organizations, socio-professional organizations, social organizations, and organizations practicing in the field of judicial assistance.

In-charge agencies: The Central Committee and member organizations of the Vietnam Fatherland Front shall direct and organize these activities; socio-political-professional organizations, socio-professional organizations, social organizations, and organizations practicing in the field of judicial assistance shall implement these activities.

Coordinating agencies: other related agencies and organizations.

Implementation period: annually, from 2023 to 2030.

5. Making investment in, and providing resources and information technology for, activities of agencies and organizations to serve the people’s law access

a/ To ensure funds, physical foundations, means and equipment for state agencies to perform their functions and tasks, and implement programs and schemes assigned to them.

In-charge agencies: Ministry of Finance, ministries and provincial-level People’s Committees.

Coordinating agencies: other related agencies and organizations.

Implementation period: annually, from 2023 to 2030.

b/ To allocate funds to socio-political organizations, socio-political-professional organizations, socio-professional organizations, social organizations, organizations practicing in the field of judicial assistance, and organizations representing special subjects for promoting their role in supporting the people’s law access and improving the people’s law access capacity.

In-charge agencies: Ministry of Finance, ministries and provincial-level People’s Committees.

Coordinating agencies: socio-political organizations, socio-political-professional organizations, socio-professional organizations, social organizations; and other related agencies and organizations.

Implementation period: annually, from 2023 to 2030.

c/ To bring into full play the social responsibility and proactivity of organizations practicing in the field of judicial assistance to efficiently organize activities of supporting the people’s law access.

In-charge agencies: Central Committee of the Vietnam Lawyers’ Association, Vietnam Bar Federation, and Vietnam Notary Association.

Coordinating agencies: Ministry of Justice, Ministry of Finance, ministries, and other related agencies and organizations.

Implementation period: annually, from 2023 to 2030.

d/ To mobilize social resources to support law dissemination and education.

In-charge agencies: Ministry of Finance and provincial-level People’s Committees.

Coordinating agencies: ministries and other related agencies and organizations.

Implementation period: annually, from 2023 to 2030.

dd/ To allocate resources for and invest in programs, schemes and tasks on the application of information technology and digital transformation in law dissemination and education in order to ensure adequate, timely, quick and convenient provision of legal information to the people.

In-charge agencies: Ministry of Finance and provincial-level People’s Committees.

Coordinating agencies: Ministry of Justice, Ministry of Information and Communications, and other related agencies and organizations.

Implementation period: annually, from 2023 to 2030.

V. ORGANIZATION OF IMPLEMENTATION

1. Assignment of responsibilities

a/ The Ministry of Justice shall:

- Assume the prime responsibility for, and monitor, urge, inspect, and preliminarily and finally review the implementation of the Scheme; sum up and report to the Prime Minister on implementation results of the Scheme; promptly commend and reward organizations and individuals that have greatly contributed to the implementation of the Scheme;

- Assume the prime responsibility for studying and implementing solutions to intensify the application of information technology and digital transformation in provision of information, law communication, dissemination and education, and provision of legal aid and consultancy in order to meet the people’s needs for access to legal information and facilitate the provision of legal information by competent agencies and entities;

- Perform the tasks assigned to it under the Scheme.

b/ Ministries shall:

- Base themselves on their assigned functions and tasks to assume the prime responsibility for, and coordinate with the Ministry of Justice and other related agencies and organizations in, formulating and promulgating plans on implementation of the tasks and solutions assigned to them under the Scheme;

- Base themselves on the contents and tasks set in the Scheme and practical conditions for allocation of funds for the implementation of the Scheme; evaluate the implementation of the Scheme, then send a report thereon to the Ministry of Justice for sum-up and reporting to the Prime Minister.

c/ The Ministry of Information and Communications shall:

- Coordinate with the Ministry of Justice in directing and guiding information and press agencies in the provision of information and communication about legal documents; carry out communications to raise the awareness and sense of responsibility of the people in proactively and voluntarily seeking legal information;

- Perform the tasks assigned to it under the Scheme.

d/ The Ministry of Finance shall give advices on the allocation of funds reserved for recurrent expenditures in annual state budget estimates of ministries, central agencies and localities for the performance of tasks of the Scheme in accordance with the Law on the State Budget and guiding documents.

dd/ The Vietnam Television, Voice of Vietnam, Vietnam News Agency, and other information and press agencies shall intensify the communication about the position, role and importance of law in the social life and the necessity of the people’s proactive study of law; promptly provide information and carry out communication about legal documents, new guidelines and policies and draft important policies under the Prime Minister’s Decision No. 407/QD-TTg of March 30, 2022, approving the Scheme on organization of communication about policies that greatly impact the society in the course of formulation of legal documents for the 2022-2027 period.

e/ The Central Committee of the Vietnam Fatherland Front and its member organizations, socio-political organizations, socio-political-professional organizations, socio-professional organizations, social organizations, and organizations practicing in the field of judicial assistance shall assume the prime responsibility for, and coordinate with the Ministry of Justice and related agencies and organizations in, organizing the implementation of the Scheme.

g/ Provincial-level People’s Committees shall:

- Direct, guide, and promulgate plans on organization of, the implementation of the Scheme in their localities;

- Allocate funds, human resources and physical foundations for the performance of tasks of the Scheme in accordance with the Law on the State Budget and guiding documents;

- Preliminarily and finally review and report on the implementation of the Scheme to the Ministry of Justice for sum-up and reporting to the Prime Minister under regulations.

2. Funds for implementation

a/ Funds for the implementation of the Scheme shall be allocated from the state budget in accordance with the Law on the State Budget, and come from other lawful contributions and donations.

b/ It is encouraged to mobilize funding sources from domestic and foreign enterprises, organizations and individuals, and to use more funding sources incorporated in approved relevant programs and schemes and other lawful funding sources for task performance.

Article 2. This Decision takes 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 organizations and individuals shall implement this Decision.-

For the Prime Minister
Deputy Prime Minister
PHAM BINH MINH