Directive 21/CT-TTg on support and promote the role of the Vietnam Lawyers Association

DIRECTIVE

On intensifying the implementation of solutions to support and promote the role of the Vietnam Lawyers Association in the new period^[1]

On May 24, 2013, the Prime Minister issued Directive No. 08/CT-TTg on the implementation of solutions to improve the operational quality and efficiency of the Vietnam Lawyers Association in the new period (below referred to as Directive No. 08/CT-TTg). Over the recent time, ministries, sectors and provincial-level People’s Committees have coordinated with lawyers associations at all levels in strictly implementing Directive No. 08/CT-TTg, facilitating the consolidation of their organizational apparatuses and improving the operational efficiency, thus affirming their position and role as political-social-professional organizations of the Vietnam Lawyers Association, and contributing to creating positive changes in other aspects of work.

However, reality shows that there remain difficulties and obstacles in the implementation of solutions to improve the operational quality and efficiency of the Vietnam Lawyers Association in the new period under Directive No. 08/CT-TTg. Specifically, the organization of performance of some tasks has not received due attention. The coordination between ministries, sectors and localities and the Vietnam Lawyers Association remained irregular without focuses; funding for implementation of the tasks assigned in Directive No. 08/CT-TTg is still limited while socialization activities have not been promoted, etc.

To implement Directive No. 56-CT/TW of August 18, 2000, of the Political Bureau (the VIII^thCongress), on enhancing the Party’s leadership for the operations of the Vietnam Lawyers Association, Conclusion No. 19-KL/TW of May 23, 2012, of the Secretariat of the XI^thCongress, on final review of 10-year implementation of Directive No. 56-CT/TW, and the Secretariat’s Conclusion Notice No. 50-TB/TW of July 17, 2018, on primary review of 5-year implementation of the Secretariat’s Conclusion No. 19-KL/TW, and to further bring into play the role and capacity of the lawyers’ circle in the cause of building a law-ruled socialist republic state of Vietnam of the People, by the People and for the People, the Prime Minister provides the following instructions:

1. Ministries, ministerial-level agencies and provincial-level People’s Committees shall push up the dissemination of the contents of the above Directive No. 56-CT/TW, Conclusion No. 19-KL/TW, and Conclusion Notice No. 50-TB/TW to lawyers’ associations at all levels for them to grasp the directing viewpoints of the Political Bureau and the Secretariat in order to consolidate their organizational apparatuses and develop their members; select and assign lawyers with moral qualities, professional capacity, experience and enthusiasm who fully meet the required criteria to act as full-time or part-time officers in charge of affairs of lawyers’ associations; and pay attention to training and retraining activities to enhance the political stance, professional qualifications and professional ethics for their employees and members. To bring into play the role of the Vietnam Lawyers Association in formulation and appraisal of, and contribution of opinions on, formulation of legal documents, research in legal science, law dissemination and education, law counseling and legal aid, grassroots conciliation and other conciliation institutions, consultancy on and supervision of the settlement of complaints, denunciations and legal disputes in accordance with law; crime prevention and fighting; social supervision and criticism; training, retraining, selection and introduction of holders of a number of judicial titles, people’s assessors and conciliators; and other judicial activities as prescribed by law. To ensure and use funding for annual regular activities to implement the tasks assigned in this Directive in accordance with the law on state budget decentralization.

2. The Ministry of Justice shall direct the implementation of the following solutions:

a/ To enhance the coordination and participation of the Vietnam Lawyers Association in formulating, contributing opinions on, and appraising draft legal documents, providing counseling and criticism about policies and laws drafted by ministries, ministerial-level agencies or provincial-level People’s Committees; to invite the Vietnam Lawyers Association’s representatives to join the drafting committees, editorial groups and appraisal councils for related draft legal documents; to organize seminars and conferences to make exchanges and discussions about solutions to build and complete legal institutions and policies, etc.

b/ To consolidate and enhance the capacity of, and engage  legal rapporteurs and disseminators and conciliators being members of lawyers associations at all levels in law dissemination and education and grassroots conciliation activities; to create conditions for the Vietnam Lawyers Association to participate in law dissemination and education and grassroots conciliation activities, focusing on law dissemination and education at schools; to compile legal materials; to disseminate and educate laws in the mass media; provide free legal counseling for the poor and policy beneficiaries; to participate in grassroots conciliation activities, etc.; to formulate and implement programs and projects on law dissemination and education and grassroots conciliation activities, etc.

c/ To improve the capacity of legal counselors, paying attention to specialized legal counseling skills for officers of legal counseling centers under lawyers associations of all levels; to sign contracts to provide legal aid or issue written registrations for participation in legal aid provision for legal counseling centers under the Vietnam Lawyers Association that meet the law-prescribed conditions; to connect legal counseling activities at legal counseling centers under provincial-level lawyers associations with state legal aid centers and organizations participating in legal aid provision in carrying out legal counseling and legal aid activities.

d/ To enhance the coordination and participation of the Vietnam Lawyers Association in contributing opinions to and formulating programs and projects on judicial and legal affairs.

dd/ To create favorable conditions for, and coordinate with and support the Vietnam Lawyers Association in, supervising and monitoring law enforcement; to resolve legal disputes in accordance with law.

3. The Ministry of Home Affairs shall promote the role of the Vietnam Lawyers Association in studying and contributing opinions to schemes on administrative procedure reform, actively participate in examining and reviewing administrative procedures at the request of competent agencies, propose reform initiatives on mechanisms, policies and administrative procedures relating to production and business activities and people’s life, and evaluate the implementation of administrative procedure reform in ministries, sectors and localities.

4. The Government Inspectorate shall propose and take measures to promote the position and role of lawyers associations of all levels to participate in citizen reception and provision of counseling in resolving complaints in accordance with law.

5. The Ministry of Foreign Affairs shall take measures and create favorable conditions for the Vietnam Lawyers Association to enhance the capacity of implementing people’s external affairs; raise the role of the Vietnam Lawyers Association in the ASEAN Law Association (ALA), International Association of Democratic Lawyers (IADL), Confederation of Lawyers of Asia and the Pacific (COLAP) and democratic and advanced lawyers organizations in the world; increase legal research and experience and academic exchanges, contributing to protecting sovereignty and national security and enhancing Vietnam’s position in the course of international integration; create favorable conditions for the Vietnam Lawyers Association to mobilize and implement international cooperation programs and projects on judicial and legal matters under the management of the Ministry of Foreign Affairs.

6. This Directive replaces the Prime Minister’s Directive No. 08-CT/TTg of May 24, 2013, on implementation of measures to improve the operational quality and efficiency of the Vietnam Lawyers Association in the new period.

Ministers, heads of governmental-attached agencies, and chairpersons of provincial-level People’s Committees shall coordinate with the Vietnam Lawyers Association in formulating plans for and organizing the implementation of this Directive; and annually report results of the implementation of this Directive to the Ministry of Justice for summarization and reporting to the Prime Minister.-

Prime Minister
NGUYEN XUAN PHUC