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Thông báo Japan

 

Before WWII, the Ministry of Justice (Homusho) used to be called the "Shihosho" in Japanese and it had jurisdiction over a wide range of legal and judicial work including judicial administration, that is, supervision of the work of the courts. However, pursuant to the enforcement of the new Constitution and the accompanying Court Organization Law, the courts were separated from the old Ministry of Justice on May 3,1947 and the power concerning the administration of the courts was transferred to the Supreme Court. Thereafter, on February 15, 1948, the Attorney General's Office Establishment Law came into force under which the Ministry of Justice was abolished and replaced by the Attorney General's Office. This Office was established as the supreme legal adviser to the Government to preside over all legal affairs in addition to the business of the old Ministry of Justice, including the deliberation of draft laws and treaties; and the research and study of judicial systems and legislations at home and abroad which used to be handled by the Cabinet Legislative Bureau and, in addition, the work relating to civil and administrative suits in which the State was a party and the protection of human rights all came under the jurisdiction of the Attorney General's Office.

Later, pursuant to reorganization of the government administrative organs on June 1, 1949,the Attorney General's Office (Homucho) was renamed "Homufu" and its inner organs were scaled down from five Assistant Attorney Generals with 16 Bureaus to three Assistant Attorney Generals with 11 Bureaus.

On August 1, 1952, when the government organs were reorganized again, the Attorney General's Office was changed into the Ministry of Justice, accompanied by extensive reorganization. This meant that the Minister of Justice, like in other Ministries, would head the Ministry, abolishing the system of Attorney General and Assistants, and the Vice-Minister of Justice was placed under the Minister. At the same time, three Bureaus, the 1st, 2nd, 3rd Legislation and Opinion Bureaus, which handled legislative work were transferred back to the Cabinet and the Ministry adopted the seven bureau system, that was, Civil Affairs, Criminal Affairs, Correction, Rehabilitation, Litigation, Human Rights and Immigration, as well as the Minister's Secretariat.

Most recently, the Central Government Reorganization Plan was put into effect on January 6, 2001 under which the Ministry abolished the Litigation Bureau and six divisions of other bureaus, and some deliberative councils were restructured or combined. As a result, the Ministry is now composed of six bureaus, namely, Civil Affairs, Criminal Affairs, Correction, Rehabilitation, Human Rights and Immigration, and the Minister's Secretariat.

Thông báo Japan

While developing infrastructure is vital to industrialization, clear and fair business rules and regulations are indispensable to promoting foreign investment. As Vietnam steadily moved toward a market-oriented economy, preparing basic laws and business-related systems, regulations and standards became necessary. Since 1996, Japan implemented three phases of the Project for Japanese Cooperation to Support the Formulation of Key Government.
Policies on Legal System for 10 years, to provide support by sharing Japan’s legal and human resource development systems and providing professional advice on the amendment to the Civil Code. In addition, Japan has supported the development of systems and the strengthening of administrations related to business activities, in such areas as the competition law, tax and customs, and intellectual property rights. Currently, Japan is providing technical cooperation to core organizations in the legislative, judicial and administrative bodies of Vietnam, including the office of the government and the national assembly as well as the Ho Chi Minh National Academy of Politics and Public Administration (HCMA). For instance, a technical cooperation project has been implemented to support HCMA to train key administrative officials. 
Japan provided support in the field of legal system development based on its own experience which established models appropriate to Japanese society and culture, while learning from European countries. In this cooperation, Japanese professionals provided information on Japan’s legal and judicial systems as well as personnel system. Based on this, the Vietnamese side prepared a draft of relevant laws, which the Japanese side provided comments. Through such support, Vietnam successfully formulated and enacted by 2007, basic civil and commercial laws such as the revised Civil Code, Civil Procedure Code, Intellectual Property Law, and Law on Enterprise Bankruptcy. This provided an important foundation for Vietnam’s economic open-door policy and contributed to the progress toward a country governed by laws and the improved investment environment. 
Technical Cooperation Project for Capacity Building for Enforcement of Competition Law and Implementation of Competition Policy in Vietnam
The Project carried out activities to enhance the investigative functions of the Vietnam Competition Agency (VCA) and to promote and disseminate knowledge concerning the Competition Law among governments, enterprises, consumers and academics. To this end, VCA established three working groups to work jointly with the Japanese experts in the areas of investigation, capacity building, and advocacy. In order to enhance investigative functions, these working groups analyzed the present situation, updated investigative skills, prepared needed guidelines and manuals for investigators, improved skills to define relevant markets, and implemented a market survey with the help of JICA’s experts. For activities in competition advocacy, the responsible working group reviewed and discussed methods of effective advocacy and conducted advocacy activities through seminars, workshops and leaflets. As a result, the number of VCA investigations rose from 0 in 2006 to 45 in 2012.The number of VCA’s resolution of incidents increased from 12 in 2006 to 98 in 2011.