Decree No. 59/2012/ND-CP dated July 23, 2012 of the Government on monitoring law execution situation

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

Article 1. Scope of regulation

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.

4. Assurance of close coordination among agencies and organizations in law execution situation monitoring without coincidence and overlap with activities within tasks and powers of state agencies prescribed by law.

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.

Legal organizations of specialized agencies of provincial-level People s Committees shall advise and assist heads of specialized agencies in monitoring law execution situation.

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;

2. Assurance of conditions for law execution;

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.

Article 10. Contents of considering and assessing law execution situation

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;

c/ Situation of guidance on law application and situation of law application of state agencies and competent persons;

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.

2. Investigations and surveys may be conducted by collaborators.

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.

Subordinate People s Committees shall process results of law execution situation monitoring at the request of their immediate superior People s Committees.

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.

Article 16. Responsibilities of ministries, ministerial-level agencies and government-attached agencies

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.

3. To process results of law execution situation monitoring law as prescribed in Article 14 of this Decree.

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.

Article 20. Effect

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.-