The main purpose of the meeting is to discuss, exchange and evaluate the current status of law enforcement monitoring and recommend solutions to improve the effectiveness of law enforcement monitoring and improve the legal system in this field.
In his keynote speech, Mr. Dang Thanh Son, Director General of the Department of Management of Administrative Violations and Law Enforcement, Ministry of Justice informed about the monitoring of law enforcement, role of law enforcement monitoring as well as difficulties and limitations in the monitoring of law enforcement in Vietnam. He said that, before June 2012, law enforcement was scattered in various legal documents, so the implementation of law enforcement monitoring was not Concentrated, uniform throughout the country, especially the monitoring of law enforcement in the locality. While the work of drafting legal documents of People's Councils and People's Committees at all levels has achieved important achievements due to the clear and specific legal system, Law enforcement has shown many limitations due to many regulations of law have not come into life, have not been strictly enforced and uniformly take place in many areas of social life. On that situation, on July 23, 2012, the Government issued Decree No. 59/2012 / ND-CP on monitoring the enforcement of law, effective from 01/10/2012. This is the most effective legal document on law enforcement monitoring to date, providing comprehensive and comprehensive coverage of the scope of regulation, target groups, objectives, principles, scope of responsibility, involvement of individual organizations; say right; The work of law enforcement monitoring.
On the basis of the Government's Decree No. 59/2012 / ND-CP, the Government shall perform the function of advising and assisting the Government in exercising State management over and organizing the implementation of the law on handling of administrative violations; General monitoring of the law enforcement situation throughout the country, the Ministry of Justice issued documents detailing the implementation guidelines such as Circular No. 14/2014 / TT-BTP detailing the implementation of the Resolution. Decree No. 59/2012 / ND-CP, Circular No. 10/2015 / TT-BTP regulating the reporting regime of law enforcement and some other relevant legal documents. to the organization, apparatus, funds to ensure the work of law enforcement monitoring.
Presented speech "Report on the monitoring of law enforcement," said Mr. Ho Quang Huy, Deputy Director General of the Department of Management of Administrative Violations and Law Enforcement, Ministry of Justice. Decree No. 59/2012 / ND-CP and its guiding documents are an important legal basis to raise awareness of the importance of monitoring the implementation of law enforcement in management. as well as strengthening the role and position of law enforcement monitoring, contributing to the consolidation and consolidation of agencies and organizations to monitor the implementation of the law. legislation, enhance the effectiveness and effectiveness of this work in the new stage of development. However, besides the achievements, over the past four years, Decree No. 59/2012 / NĐ-CP and guiding documents have exposed many shortcomings affecting the validity, The effectiveness of monitoring law enforcement activities such as the regulations on evaluation criteria for the effectiveness of law enforcement monitoring is unclear, difficult to monitor and evaluate the implementation of law enforcement. law; The responsibility and competence of the Ministry of Justice and the ministries, branches and localities in monitoring the law enforcement situation have not been clearly defined. The process of examining and handling results of law enforcement monitoring has not been fully legalized.
In addition to the institutional shortcomings and constraints, the implementation of law enforcement monitoring also contains a number of difficulties and constraints, namely: awareness of sector leaders, The level is not correct, full of the position, role and meaning of the law enforcement observation is not yet interested in organizing this task; The organizational apparatus of the task of monitoring law enforcement is slowly being consolidated and has not been uniformly and synchronously organized at the ministries, branches and localities; The budget for law enforcement monitoring remains unclear, making it difficult to make budget estimates and approvals; There is a lack of effective tools and means for monitoring and evaluating law enforcement in an accurate, effective and scientific manner, and lack of coordination among relevant agencies and organizations in this field…
Representing the local Justice Departments attending the seminar, Ms. Ly Thi Thu Ha - Department of Justice of Tuyen Quang province presented the presentation: "A number of difficulties and problems in the locality and suggestions and suggestions to raise High-level monitoring of law enforcement. " According to Ly Thi Thu Ha, some institutional constraints and constraints in implementing law enforcement in Tuyen Quang province are Decree No. 59/2012 / ND-CP. Implementation, however, some of the provisions of the law on law enforcement observation difficult to understand or understand, but not yet fully reflected, received and aggregated in time to suggest agencies have The competence to promulgate amendments, supplements, explanations and instructions; The scope of law enforcement monitoring and the coordination mechanism among agencies and units are unclear and united to ensure that the monitoring of implementation is carried out effectively.
One of the causes of difficulties and obstacles in the current monitoring of law enforcement comes from the monitoring of law enforcement is the new task assigned by the Government to the Ministry of Justice and other ministries and sectors. , while the Ministry of Justice with the function of assisting the Government in state management of law enforcement monitoring has not yet made a groundbreaking solution to the development of criteria for monitoring and evaluation of work. Monitoring the law enforcement, other ministries, agencies and other units have not paid due attention to the legal work, so did not timely arrange qualified staff, experience to do legal work. processing, monitoring law enforcement; There is no staff to supplement this team; The implementation of the task of monitoring law enforcement in many ministries, sectors and localities over the past time is still formality, and therefore, it is necessary to have drastic and comprehensive solutions to Embrace this institution in practice.
Proposing the basic orientation to renovate the organization of law enforcement monitoring today, many ideas that the need to improve legal institutions to monitor law enforcement and law enforcement monitoring law; Linking law enforcement monitoring to the development and improvement of law; To intensify the inspection and supervision of the organization of law enforcement; To enhance the state management work, detect and promptly handle acts of law violation, especially violations in handling administrative procedures for organizations and individuals; Renovation of coordinating mechanism in monitoring law enforcement activities ...
According to TS. Duong Thanh Mai, former Director of the Institute of Legal Science, Ministry of Justice, some major orientations in defining criteria for law enforcement monitoring and evaluation include: (i) new methodology, moving from activity monitoring, process to monitoring, evaluation as a result of both "life cycle" law development and law enforcement; (ii) moving from the content rating system, law enforcement to the system of 4 categories with indicators of achievement of one or a specific target group and objectives. Generic legal policies, including: input indicators (investment resources for law enforcement), output indicators (products, services generated), results indicators (results attainment) and impact / impact indicators (economic and social impact, legal system, etc., brought about by law enforcement after a defined period of time and scope); (iii) reform of monitoring and enforcement framework at all levels; (iv) reform the way and responsibilities of monitoring and evaluation of law enforcement.
Based on the opinions and discussion of experts and participants, the Ministry of Justice has collected much input for evaluating the current state of law enforcement and set out some major orientations for identifying a number of reform orientations for law enforcement in Vietnam in the coming years.