Decree No. 32/2020/ND-CP amending the Decree No. 59/2012/ND-CP

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 59/2012/ND-CP of July 23, 2012, on law implementationmonitoring^[1]

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

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

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

At the proposal of the Minister of Justice,

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 59/2012/ND-CP of July 23, 2012, on law implementation monitoring.

Article 1.To amend and supplement a number of articles of the Government’s Decree No. 59/2012/ND-CP of July 23, 2012, on law implementation monitoring

1. To add the following Clause 4 to Article 6:

“4. Provisions on law implementation monitoring collaborators:

a/ Law implementation monitoring collaborators may be mobilized to participate in the collection and summarization of information; carry out surveys;  and give opinions on the processing oflaw implementation monitoring results;

b/ The organizations specified in Clause 3 of this Article mobilized as collaborators must be those operating in the fields in which law implementation monitoring is required. Individuals mobilized as collaborators must be knowledgeable about the fields in which law implementation monitoring is required;

c/ Law implementation monitoring collaborators shall work under contracts on a case-by-case basis, except those who are cadres, civil servants or public employees salaried from the state budget.”

2. To add the following Article 10a to below Article 10:

“Article 10a. Consideration and assessment of law implementation

1. Based on law implementation monitoring results, ministries, ministerial-level agencies, government-attached agencies and People’s Committees at all levels shall consider and assess law implementation within the scope of their state management.

2. Pursuant to Articles 7, 8, 9 and 10 of this Decree, ministries, ministerial-level agencies, government-attached agencies and People’s Committees at all levels shall consider and assess positive and negative impacts of law implementation on socio-economic life.

3. The Minister of Justice shall stipulate in detail the consideration and assessment of law implementation specified in Articles 8, 9 and 10 of this Decree.”

3. To add the following Article 11a to below Article 11:

“Article 11a. Formulation and issuance of plans on law implementation monitoring

1. Annually, ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall formulate and issue plans on law implementation monitoring of their ministries, agencies and localities, and send them before January 30 to the Ministry of Justice for monitoring and summarization.

2. The Minister of Justice shall formulate plans on law implementation monitoring in key or interdisciplinary fields and submit them before January 1 of the plan year to the Prime Minister for consideration and issuance.”

4. To add the following Clauses 3 and 4 to Article 12:

“3. Inspection of law implementation in key or interdisciplinary fields:

a/ Based on the plan on law implementation monitoring issued by the Prime Minister, the Ministry of Justice shall assume the prime responsibility for, and coordinate with related ministries, ministerial-level agencies and government-attached agencies in, setting up an interdisciplinary team for inspection of law implementation in key or interdisciplinary fields;

b/ A decision to set up the interdisciplinary inspection team must clearly state working contents and plans of the inspection team, members of the inspection team, and agencies, organizations and individuals subject to inspection. This decision shall be notified to the agencies, organizations and individuals subject to inspection at least 7 working days prior to the date of commencing inspection;

c/ Agencies, organizations and individuals subject to inspection shall report in writing, and provide information and documents related to inspection contents; and explain issues included in the inspection contents at the request of the interdisciplinary inspection team. The interdisciplinary inspection team shall consider, verify, and give conclusions on, issues included in the inspection contents;

d/ Within 15 days after finishing the inspection, the head of the interdisciplinary inspection team shall send a notice of inspection conclusions to the agencies, organizations and individuals subject to inspection.

Inspection conclusions must have the following principal contents: remarks on and assessments of achievements; shortcomings and limitations of law implementation and their causes; proposal of measures to raise the effectiveness of law implementation and improve the legal system; proposal for considering and handling violations (if any) of agencies, units or persons with law enforcement competence.

4. Inspection of law implementation monitoring:

Ministries, ministerial-level agencies, government-attached agencies and People’s Committees at all levels shall inspect law implementation monitoring based on the following contents:

a/ Promulgation of documents guiding and directing law implementation monitoring;

b/ Assurance of payrolls and funding for law implementation monitoring;

c/ Training and further training in law implementation monitoring;

d/ Issuance, and organization of the implementation, of plans on law implementation monitoring;

dd/ Coordination in law implementation monitoring;

e/ Processing oflaw implementation monitoring results.”

5. To add the following Clauses 3, 4 and 5 to Article 14:

“3. The Ministry of Justice shall direct, guide, urge and inspect the processing of law implementation monitoring results by ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees; summarize, study and propose the Government or Prime Minister to process law implementation monitoring results for matters to be decided by the Government or Prime Minister.

Ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees shall direct, guide, urge and inspect their attached agencies and units in processing law implementation monitoring results; and include contents on the processing of law implementation monitoring results in their annual reports to be sent to the Ministry of Justice.

4. Within 30 days after receiving a written request for the processing of law implementation monitoring results, an agency, organization or individual shall process law implementation monitoring results, and report in writing on the implementation of measures to address limitations and handle violations detected in the course of law implementation monitoring.

For proposals on modification or addition of provisions in legal documents stated in the Ministry of Justice’s annual reports on law implementation monitoring sent to the Prime Minister, ministries, sectors and localities shall report on the handling of such proposals to the Ministry of Justice in the first quarter of the year following the reporting period.

5. If detecting that organizations or individuals under their management promulgate documents guiding law application or decisions on law application that fail to ensure accuracy or violate the law-prescribed competence, order and procedures, ministers, heads of ministerial-level agencies or government-attached agencies or chairpersons of People’s Committees at all levels shall issue documents requesting competent agencies, organizations or individuals to timely correct, amend or supplement such documents or annul them or promulgate new documents in accordance with law.

If detecting that legal documents promulgated by ministries, ministerial-level agencies or People’s Committees at all levels are contrary to legal documents of superior state agencies, the Minister of Justice, ministers, heads of ministerial-level agencies, or chairpersons of People’s Committees at all levels shall timely handle unlawful documents according to their competence prescribed in Articles 118, 119 and 120 of the Government’s Decree No. 34/2016/ND-CP of May 14, 2016, detailing a number of articles of, and providing measures for implementing, the Law on Promulgation of Legal Documents.”

6. To amend and supplement Clause 5, Article 15 as follows:

“5. Annually, by December 25 of the reporting period at the latest, to report on law implementation monitoring nationwide to the Prime Minister.

Data used for reports shall be taken from December 15 of the year preceding the reporting period to December 14 of the reporting period.”

7. To amend and supplement Clause 6, Article 16 as follows:

“6. Annually, by December 10 of the reporting period at the latest, to report on law implementation monitoring to the Ministry of Justice.

Data used for reports shall be taken from December 1 of the year preceding the reporting period to November 30 of the reporting period.”

8. To amend and supplement Clause 5, Article 17 as follows:

“5. Annually, by December 10 of the reporting period at the latest, provincial-level People’s Committees shall report on law implementation monitoring to the Ministry of Justice.

Figures used for reports shall be taken from December 1 of the year preceding the reporting period to November 30 of the reporting period.

District- and commune-level People’s Committees shall report on law implementation monitoring at the request of their immediate superior People’s Committees.”

9. To amend and supplement Article 18 as follows:

“Article 18. Coordination in law implementation monitoring

1. 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 implementation.

2. Based on requirements of each activity of law implementation monitoring, ministries, ministerial-level agencies, government-attached agencies and People’s Committees at all levels may request agencies and organizations to coordinate with the former in monitoring law implementation, specifically as follows:

a/ People’s Procuracies and People’s Courts shall provide information on law implementation by agencies, organizations and individuals through prosecution activities, and supervision of judicial and trial activities;

b/ The Vietnam Fatherland Front and its member organizations shall provide information and recommendations of the people through supervision of law implementation;

c/ The Vietnam Lawyers Association, Vietnam Bar Federation and bar associations shall provide opinions and proposals of jurisprudents and lawyers regarding legal issues related to law implementation;

d/ The Vietnam Chamber of Commerce and Industry and professional associations shall provide opinions and recommendations of enterprises and their members on the timeliness and completeness in law implementation by competent state agencies; the accuracy and uniformity in law guidance and application by competent state agencies; the consistency, synchrony and enforceability of legal documents, and other relevant issues;

dd/ Mass media agencies shall provide public opinions on law implementation.”

Article 2.To annul Clause 2, Article 15 and Clause 2, Article 16 of the Government’s Decree No. 59/2012/ND-CP of June 23, 2012, on law implementation monitoring.

Article 3.Implementation provisions

1. This Decree takes effect on May 15, 2020.

2. The Minister of Justice shall direct, guide and inspect the implementation of this Decree.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People’s Committees at all levels, and related organizations and individuals shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC