| STT |
Implementing agencies |
Programs, projects, non-project aid |
Activity name |
Assess the necessity and relevance of the activity to the Project's objectives |
| 1 |
STATE COMPENSATION DEPARTMENT |
JICA project |
first |
Seminar to summarize and evaluate the results of 03 years of implementing the Law on State Compensation Liability in 2017 |
On the basis of practical results, summarizing 3 years of implementation of the Law to propose solutions to increase the effectiveness of the implementation of the Law on Compensation Liability of the State in 2017. |
| 2 |
Developing the book "Handbook for settlement of compensation and support, guiding the aggrieved person to exercise the right to claim compensation in administrative management activities" |
Strengthening capacity, skills and expertise in state compensation work for the team performing the state compensation work and the team of consultants, assisting, supporting and guiding claimants to exercise their rights. claim. Thereby, improving the organization of law enforcement on the State's compensation liability in 2017. |
| 3 |
Developing the book "The set of situations, skills and professions for the work of state compensation". |
Currently, through performing the task of state management of state compensation work, the State Compensation Department is still confused and does not fully understand its roles and responsibilities in the work of state compensation. In addition, through the training courses held in recent years, there are many suggestions to promulgate a set of professional cases to settle claims for research and reference agencies. Therefore, in order to have more references for compensation settlement agencies, state management agencies in charge of state compensation work in compensation settlement, state management of compensation work, The State Compensation Department proposes to build a set of professional situations to handle compensation claims. This set of cases will synthesize and answer all problems and suggestions of agencies stemming from the practice of performing state compensation work, helping to improve the efficiency of state management of public affairs. this work and the settlement of compensation by state agencies.
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| 4 |
Workshop on "Raising legal awareness on the state's compensation liability" |
In the process of performing state management of state compensation work. The State Compensation Department realizes that many state management agencies, units and civil servants directly involved in the settlement of state compensation have not really understood deeply the nature of the provisions of the law on liability. State compensation responsibility and the important role of this work. Therefore, in the process of coordination there is still delay, sometimes there are many different views, difficult to reach consensus, or the settlement of compensation for people has not been thorough. So. The Department proposed to organize 02 seminars in 02 representative provinces in the Northern mountainous region and the Southwest region to raise awareness of the law on state compensation for agencies performing state compensation responsibilities in their respective localities. such as: People's Court, People's Procuracy, Provincial People's Committee, Department of Justice... |
| 5 |
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As of 2022, the 2017 Law on State Natural Resources and Finance (effective from July 1, 2018) has been implemented for more than 3 years and has brought many positive results: ensuring the legitimate rights and interests of citizens. when being damaged by an official duty performer; support individuals and organizations to understand and properly exercise their rights; deter and prevent illegal acts of official duty performers. However, the process of implementing the Law and detailed regulations and implementing documents also encountered difficulties and obstacles, posing the need to continue to improve the institution of compensation liability. of the State to respond to the socio-economic situation in the coming time and to meet the orientation and key tasks of national development for the period of 2021 - 2030 set out in the Resolution of the 10th National Congress of Deputies. XIII of the Party on "Building and perfecting a socialist rule of law state", "control of power associated with tightening discipline and discipline in the activities of the State and of cadres, civil servants and public employees". “Completely complete the legal system, mechanisms and policies in order to strongly promote socialist democracy and the people's right to mastery; and at the same time build a clean and strong socialist rule of law state of Vietnam” (item 10, part of the country's development orientation for the period of 2021 - 2030, sections 1 and 5 of the key tasks in the XIII Congress term). ). Therefore, the Department proposed to organize 02 seminars in 02 representative provinces of the North and the South to summarize the difficulties and problems of agencies, organizations and individuals in the process of implementing the Law. TNBTCNN 2017 and documents detailing and guiding the implementation, from which there is a practical basis to propose directions for amending and perfecting the institution on the State's compensation liability in the coming time. |
| 6 |
Workshop on skills and professional training in state compensation work for those who perform state management of compensation and compensation settlement. |
The 2017 Law on Natural Resources and Environment has stipulated many new points on state management and settlement of compensation claims. Due to the limited state budget, the organization of training courses on skills and professionalism on state compensation work is still limited. Therefore, the project's support for the implementation of this activity will have a very practical and necessary meaning to strengthen the capacity to implement the provisions of the 2017 Law on State Natural Resources and Environment for those who perform the management work. the State on compensation and settlement of compensation. |
| EU JULE project |
first |
Survey and assessment of the current situation, difficulties and solutions to improve the access to legal information on the State's compensation liability and exercise the right to claim compensation for people in disadvantaged groups. Ethnicity and people in difficult economic areas to serve the preliminary activities of 03 years of implementation of the Law on Compensation Liability of the State 2017. |
Grasp the difficulties of individuals, organizations and enterprises in accessing the law on compensation liability of the State; and difficulties and obstacles in the actual process of exercising the right to claim state compensation of the victims. From there, find solutions to improve access to information and exercise the right to claim compensation for disadvantaged groups. |
| 2 |
Workshop on summarizing, assessing and identifying difficulties and obstacles to offer solutions to improve efficiency in receiving information and exercising the right to claim compensation for disadvantaged people who are the people. Ethnicity and people in difficult economic areas to serve the preliminary activities of 03 years of implementation of the Law on Compensation Liability of the State 2017. |
Grasp the difficulties of individuals, organizations and enterprises in accessing the law on compensation liability of the State; and difficulties and obstacles in the actual process of exercising the right to claim state compensation of the victims. From there, find solutions to improve access to information and exercise the right to claim compensation for disadvantaged groups. At the same time, the seminar will also be a direct support channel for local individuals, organizations and businesses by providing information and legal opinions on specific cases related to compensation claims. often state in reality that individuals, organizations and businesses encounter; Strengthening access to the law on the State's compensation liability to exercise the right to claim compensation.
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| 3 |
Directly guide and support claimants to exercise their right to claim, especially women, children, ethnic minorities and the poor. |
The Center for Support for the exercise of the right to claim compensation, the State Compensation Department, the Ministry of Justice is a non-profit public non-business unit established to guide and support victims in exercising their right to claim. compensation claim. However, due to the limited budget, the organization of the delegation to guide and directly support the claimants, especially the claimants who are women, children, ethnic minorities and the elderly. poverty is limited. Therefore, if supported by the Project, this will be an activity of great practical significance for the above-mentioned subjects. |
| 3-year cooperation program with Germany |
first |
Workshop to share experiences on the implementation of compensation by the State of Germany through the implementation of public liability insurance for officials and civil servants performing their duties. |
The workshop aims to find solutions to ensure and improve the efficiency of the implementation of the Law on Compensation Liability of the State 2017. This is the second activity after the first workshop which is scheduled to be held on January 19/ 2022. However, due to the limitation of the duration of the Workshop, the State Compensation Department proposed this Workshop to learn more about the specific experience of Germany in implementing compensation work through the implementation of the compensation regime. public liability insurance. |
| 2 |
Organized the delegation to learn practical experience in implementing the compensation work of the State in Germany. |
The Law on Natural Resources and Environment of 2017 (effective from July 1, 2018) is effective for 3 years. The State Compensation Department is reviewing the three-year implementation of the 2017 Law on State Compensation and Compensation to continue to propose solutions to improve the efficiency of state compensation. Currently, the state management of state compensation work by state agencies is still limited, for example: in some localities, state management agencies have not fully grasped the situation. claim in the area; In the process of capturing information to serve the work of professional guidance, monitoring and urging long-term compensation settlement cases, the coordination between agencies at both central and local levels is still poor. fruit ... Therefore, improving the effectiveness of state management and the settlement of compensation by the state agencies currently under the provisions of the Law on compensation liability of state in 2017 is urgently needed , in order to better protect the legitimate rights and interests of the victims. Germany is a country with a well-developed civil service, especially in terms of the state compensation regime and official duties for cadres and civil servants performing their duties in the state apparatus. Therefore, it is very necessary and practical to learn and survey the actual experience of implementing the state compensation work of the Federal Republic of Germany.
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| 3 |
Workshop "Improve the efficiency of state management and compensation settlement of state agencies". |
Currently, the state management of state compensation work by state agencies is still limited, for example: in some localities, state management agencies have not fully grasped the situation. claim in the area; In the process of capturing information to serve the work of professional guidance, monitoring and urging long-term compensation settlement cases, the coordination between agencies at both central and local levels is still poor. fruit ... Therefore, improving the effectiveness of state management and the settlement of compensation by the state agencies currently under the provisions of the Law on compensation liability of state in 2017 is urgently needed , in order to better protect the legitimate rights and interests of the victims. |
| 2 |
DEPARTMENT OF GENERAL ISSUES ON LAW-Building |
JICA project |
first |
Support in the development of software for drafting legal documents; assist in the construction of a legal website, update information and documents on the website of the law formulation website. |
- Supporting the reform of the legislative process in Vietnam
- Building capacity to ensure the consistency of the legal system
- Building capacity to ensure the consistency of the legal document system
- Promoting legal reform and improvement of the legal system |
| 2 |
Support in developing documents on legal document drafting skills and organize 03 intensive training courses on legal document drafting skills |
- Building skills in drafting legal documents
- Building capacity to ensure the consistency of the legal document system.
- Improve the capacity of law-making and law-enforcement organization for law-making workers in ministries, branches and localities. |
| 3 |
Supporting activities of inspecting and evaluating the implementation of the Law in 2020 in localities |
Reviewing and evaluating the drafting and evaluation of local legal documents on the basis of new provisions of the Law of 2020
- Promoting legal reform and perfecting the legal system and organizing law enforcement |
| 4 |
Training skills and expertise to assess the impact of administrative procedures in making requests for legal legal documents development and drafting projects, draft legal documents for civil servants developing legal legal documents of ministries and branches, local |
In order to guide the Law on Promulgation of Legal Documents in 2015 (amended and supplemented in 2020), the Department of Legal Affairs and Construction has submitted to the Minister a draft Circular guiding the assessment of the impact of administrative procedures in making the application for construction. drafting legal documents and drafting projects, draft legal documents, expected to be issued in November 2021. Therefore, the equipping and improving skills of administrative procedure impact assessment in making proposals, drafting projects, draft legal legal documents for civil servants implementing policy formulation, legal legal document development at the Ministry, sectors and 63 localities are absolutely necessary; thereby contributing to strict control of administrative procedures regulations in making proposals, projects and draft legal documents; ensure that the promulgation of administrative procedures is really necessary, reasonable and legal, with low compliance costs, and ensures the effectiveness and efficiency of state management. |
| 5 |
Support to organize the Workshop "Solutions to raise the rating of the Index to improve the quality of legal regulations under the Innovation Index from Japan's experience" |
In Resolution No. 19-2017/NQ-CP dated February 6, 2017 on continuing to perform the main tasks and solutions to improve the business environment and enhance national competitiveness in 2017, orientations By 2020 and resolutions in 2018, 2019, 2020, and 2021, the Ministry of Justice is tasked with improving the Index of Quality Improvement of Legal Regulations under the Innovation Index. This index is considered by this Index to be one of six comprehensive global governance indexes (WGI) assessed by the World Bank. This index of Vietnam is used by WGI from 9 assessments with different methods of information collection (by the Asian Development Bank, the Bertelsmann Foundation is a German-based NGO, the The Economist Intelligence Unit (EIU), is an organization specializing in providing information, headquartered in London, England; World Economic Forum (WEF)...). Therefore, studying and working with assessment organizations to learn about the Index, learning from the experiences of other countries; It is absolutely necessary to exchange, discuss and propose solutions to improve the ranking of the Index, contributing to raising the ranking of this Index in particular and Vietnam's Innovation Index in general. |
| 6 |
Support to organize the Workshop "The current situation and solutions to improve the quality of the local legal regulations" |
| 7 |
Support research activities, exchange on evaluation methods of the Quality Improvement Index according to the provisions of the law The Innovation Index of international organizations. |
| EU JULE project |
first |
Support the application of methods and forms of policy consultation, draft legal documents to promote the participation of disadvantaged groups in draft legal documents |
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| 2 |
Support training courses on methods, skills to collect policy opinions, draft legal documents to promote the participation of disadvantaged groups |
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| 3 |
Supporting the development of a capacity building program on gender equality for law-making staff and legal staff to strengthen the mainstreaming of gender equality in the development of legal documents . Support and organize training courses to improve professionalism and skills for law- and legal-formulation staff on gender impact assessment, mainstreaming gender equality in law-making take the example of women's right to access to the law, women's participation in the law-making process)
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| 4 |
Support and organize training courses to improve professionalism and skills for law- and legal-formulation staff on gender impact assessment, mainstreaming gender equality in law-making attach importance to examples of women's right to access to law, women's participation in the legal process)
Support research activities, evaluate legal provisions on women's right to access to law women, the participation of women in the process of law-making. |
Capacity building for law-making staff, legal staff to assess legal provisions on gender impact assessment, and to mainstream gender equality in law-making (Note: take the example of women's right to access to the law, women's participation in the legal process, in order to meet the requirements of building and perfecting the legal system in order to build a state governed by the rule of law. Socialist). |
| 5 |
Support research activities, evaluate legal provisions on women's right to access to law, women's participation in the process of law-making. |
In order to increase women's access to the law, enhance women's participation in the process of law-making, and to implement the provisions of the Law on Promulgation of Legal Documents, the Law on Gender Equality, Resolution No. 28-NQ /CP dated March 3, 2021 of the Prime Minister on the national strategy on gender equality for the period 2021-2030, the study and assessment of legal provisions on women's right to access to the law, The participation of women in the process of law-making is very necessary to make appropriate recommendations and proposals. |
| 6 |
Support capacity building training courses on skills of policy analysis, drafting legal documents for legal workers at state management agencies on ethnic affairs |
Strengthen the capacity of legal workers at ethnic minority agencies, especially the capacity to analyze policies and draft legal documents to contribute to building a reliable legal system. |
3-year cooperation program with Germany
(1) |
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Support in the development of the Q&A Book on the Law on Promulgation of Legal Documents |
- To ensure the uniform application of the Law on Civil Procedure Protection and its guiding documents.
- Promote legal reform and perfect the legal system.
- Raise awareness and understanding of the order of elaboration and issuance of legal documents for ministries, branches and localities.
- Promote legal reform and perfect the legal system |
3-year cooperation program with Germany
(2) |
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Training for law-making officials at central and local levels on ensuring publicity and transparency in law-making and preventing group interests in law-making work. |
- Equip knowledge on ensuring publicity, transparency, and prevention of group interests in the development of legal documents for staff working in law-making at ministries, branches and localities.
- Provide international experience in ensuring publicity, transparency, prevention of group interests in law-making.
- Support to improve skills and professional development of legal documents to minimize the risk of group interests in the development of legal documents. |
| 3-year cooperation program with Germany(3) |
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Supporting the development of manuals on ensuring publicity, transparency, and prevention of group interests in law-making |
On the basis of training materials on publicity, transparency, prevention of group interests in law-making and support from foreign experts, a professional manual on the above-mentioned contents is compiled. Support for capacity building for law makers. |
3-year cooperation program with Germany
(4) |
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Dialogue to remove difficulties and obstacles in legal work of ministries, branches, state-owned enterprises, specialized agencies under People's Committees of provinces and centrally run cities |
- Resolution of the 13th Party Congress should be one of the 10 national development orientations for the period of 2021 - 2030: "Building and perfecting a socialist rule of law state that is clean, strong, lean, and operationally efficient. effective, for the people to serve and for the development of the country”.
- Decision No. 1323/QD-TTg dated August 31, 2020 of the Prime Minister promulgating the plan to implement the law amending and supplementing a number of articles of the Law on Legal Protection; Decision No. 04/QD-TTg dated January 7, 2021 of the Prime Minister, Decision No. 59/QD-BTP dated February 4, 2021 promulgating the Implementation Plan Conclusion No. 83, which assigns tasks for the Ministry of Justice in providing intensive training on the construction of legal documents, consolidating and consolidating the contingent of legal staff.
- Besides the law-making force, legal officers at ministries, ministerial-level agencies, localities, and state-owned enterprises account for a large number. Over the years, this force has played an important role in advising and guarding the gate on legal work, helping agencies and organizations perform well in law construction and enforcement, thereby helping to increase strengthen the quality, effectiveness and efficiency of the legal system, thereby promoting a healthy and transparent business environment, improving the people's mastery role, ensuring human rights... Although the state has interested in capacity building for legal staff in recent years. However, due to the level of resources, the fluctuation of human resources, the actual requirements are increasingly high for the qualifications and capacity of legal workers... |
3-year cooperation program with Germany
(5) |
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Improve skills for legal workers in ministries, branches, state-owned enterprises, specialized agencies under the People's Committees of provinces and centrally-run cities in assessing policy impacts in proposals and draft legal documents”. |
3-year cooperation program with Germany
(6) |
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Professional training in assessing the impact of administrative procedures in making requests for legal documents development and drafting projects and draft legal documents for legal staff at ministries, branches, and provincial and municipal Departments of Justice city directly under the Central Government |
| 3-year cooperation program with Germany(7) |
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Support to organize the Seminar "Solutions to raise the rating of the Index to improve the quality of legal regulations under the Innovation Index from the experience of the Federal Republic of Germany" |
Learning from Germany's experience in raising the rating of the Index of Quality Improvement of Legal Regulations under the Innovation Index. |
| 3 |
LEGAL DOCUMENTS INSPECTION DEPARTMENT |
JICA project |
first |
Improve the quality of construction, promulgation, inspection and handling of legal documents in the economic field in 2020-2021 |
Localities often issue legal documents on the same issue for local state management. The submission of the results of the inspection of legal documents in the economic field in the three years 2019-2020 and reported at the Workshop to propagate to the provinces and centrally-run cities the typical wrong regulations to avoid wrongdoing. similar in many provinces and cities. At the same time, for some issues with problems from higher-level documents, the workshop also synthesized opinions to propose competent authorities to handle according to regulations. |
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2 |
Organize the review of legal documents and point out the obstacles and overlaps of the legal system and propose specific plans to amend, supplement and perfect the legal system in order to contribute to the promotion of legal reform. strengthen national competitiveness in the economic field |
Review documents in the field of state management of ministries and ministerial-level agencies; promptly detect, handle or recommend competent authorities to handle conflicting, overlapping, inadequate or unrealistic regulations, causing difficulties or hindering development, ensuring uniformity , uniformity, publicity, transparency and feasibility of the legal system; improve the quality of law construction, application and enforcement. Organize conferences and seminars to collect opinions on the draft review results as well as propagate the review results to people and businesses.
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3 |
Improve the quality of the legal document system, strengthen the national competitiveness according to international standards |
The legal system of Vietnam is promulgated from the central to the local level. Accordingly, local documents are often detailed, specific and immediately applicable to businesses and investors. However, the process of checking and reviewing legal documents shows that over 80% of signs of violations come from documents issued by the provincial level and many provinces have similar incorrect content, leading to effective results. Law enforcement is difficult. The compilation, re-publishing and publication of the Handbook of 100 professional situations for examining legal documents, which summarizes major, typical, and easily repeatable wrong contents between agencies in the years 2019-2021 and Issuing to ministries, ministerial-level agencies and localities is necessary, contributing to improving the quality of consulting, promulgating, examining and handling legal documents, perfecting the legal system associated with enforcement. law in practice. |
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JICA project
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first |
The workshop exchanged, consulted and proposed solutions and plans to promptly and effectively handle conflicting, overlapping, inadequacies, and inconsistent legal regulations (discovered through activities of reviewing legal documents and making recommendations and reflections) |
In order to get opinions from ministries, branches and localities on proposing solutions and plans to promptly and effectively handle conflicting, overlapping, inadequate and inconsistent legal regulations that have been developed. implemented through the review of legal documents and according to recommendations and reflections. In particular, the focus is on collecting opinions on solutions, proposed plans and plans to handle the results of the review of legal documents by ministries, ministerial-level agencies and the Prime Minister's Working Group. Prime Minister on reviewing legal documents implemented in 2020 and 2021. Thereby, contributing to completing and proposing specific solutions and plans for competent authorities to handle the cases. illegal, contradictory, overlapping, invalid or no longer practical regulations, improve the quality of Vietnam's legal system, promote legal reform; promptly remove obstacles and inadequacies, ensure the lawful rights and interests of agencies, organizations, people and businesses, strengthen national competitiveness; strengthen the publicity, transparency and accessibility of the legal system, contributing to ensuring the effective application and organization of law enforcement. Consistent with both the overall and specific goals of the project "Improving the quality of the Vietnamese legal document system in association with an effective law enforcement organization to contribute to the promotion of legal reform" ".
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2 |
Organize training courses to guide skills in reviewing and systematizing legal documents in combination with surveying and collecting opinions, receiving feedback on documents with conflicting or overlapping legal regulations. inadequacy, not practical |
Along with the development of the document set as mentioned above, the organization of face-to-face training sessions plays a very important role, in order to provide skills training and capacity building for civil servants of ministries, branches and localities. agencies throughout the country when performing the task of reviewing and systematizing legal documents. Especially the skills to handle complex situations arising in reality. Since then, directly contributing to the effective implementation of the task of reviewing, detecting and proposing solutions for competent authorities to handle illegal, conflicting, overlapping, and invalid regulations. or no longer relevant to reality, improve the quality of the Vietnamese legal system, and promote legal reform; promptly remove obstacles and inadequacies, ensure the lawful rights and interests of agencies, organizations, people and businesses, strengthen national competitiveness; strengthen the publicity, transparency and accessibility of the legal system, contributing to ensuring the effective application and organization of law enforcement. Consistent with both the overall and specific goals of the project "Improving the quality of the Vietnamese legal document system in association with an effective law enforcement organization to contribute to the promotion of legal reform" ". |
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In order to promptly collect information and reflections from ministries, branches, localities, agencies, organizations, individuals, associations and enterprises on documents with conflicting or overlapping legal provisions, inadequacy, not suitable for practice. Since then, the Ministry of Justice - the standing body of the Prime Minister's Working Group on reviewing legal documents (according to Decision No. 236/QD-TTg dated February 12, 2020 of the Prime Minister) ) will summarize and advise the Working Group to organize an independent and in-depth review by thematic groups and fields with many problems and shortcomings. At the same time, the Ministry of Justice will advise the Prime Minister to direct relevant ministries, branches and localities to promptly review, handle or propose competent agencies to handle problems, shortcomings, and solve problems. difficulties and "bottlenecks" in terms of institutions and laws, contributing to perfecting the law and improving the efficiency of law enforcement, creating favorable conditions for people and businesses in accessing and implementing the law.
Consistent with both the overall and specific goals of the project "Improving the quality of the Vietnamese legal document system in association with an effective law enforcement organization to contribute to the promotion of legal reform" ". |
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JICA project |
first |
Workshop on checking documents according to information sources, current situation and solutions |
Point b, Clause 2, Article 106 of Decree No. 34/2016/ND-CP dated May 14, 2016 of the Government detailing a number of articles and measures to implement the Law on Promulgation of Legal Documents, which stipulates a Among the contents of the method of checking documents according to competence is "checking documents when receiving requests and recommendations from agencies, organizations and individuals reporting on documents showing signs of illegality". (also known as text checking by sources). This is also one of the methods of checking documents previously specified in Decree No. 135/2003/ND-CP dated November 14, 2003 of the Government on examination and handling of legal documents. and Decree No. 40/2010/ND-CP dated April 12, 2010 on inspection and handling of legal documents). This is an activity of checking documents which is assessed as progressive, contributing to the promotion of democracy, ensuring the participation of forces in society in document inspection and supervision activities, approved by agencies and organizations. organizations and individuals interested and used. Through that, the legal system is increasingly perfected, synchronous and unified. This activity is both in line with the functions and tasks of the Document Inspection Department and in line with the JICA project's goal of "improving the quality of legal documents system". |
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2 |
The conference summarizes 20 years of inspection, handling, review and systematization of legal documents and continues to study and perfect the institution of inspection, handling, review and systematization of legal documents. QPPL version |
"Building and perfecting a synchronous, unified, feasible, open and transparent legal system..." is the top goal of the Party and State of the Socialist Republic of Vietnam expressed in Resolution No. 48-NQ/TW . To achieve the set goal, one of the solutions set out in Resolution No. 48-NQ/TW is: “…Strengthening inspection of legal documents issued by ministries, branches and localities. to ensure the constitutionality, legitimacy and unity of the legal system”. After more than 19 years of implementation, the institution on the inspection, handling, review and systematization of legal documents has basically been completed, meeting the state management objectives (Law on Promulgation of Legal Legal Documents 2015). (amended and supplemented in 2020), Decree No. 34/2016/ND-CP dated May 14, 2016 detailing a number of articles and measures to implement the Law on Promulgation of Legal Regulations (amended) , supplemented by Decree No. 154/2020/ND-CP)). However, in fact, in the process of state management and implementation of inspection, review and systematization of specific documents, situations always arise that the law has not foreseen. Therefore, reviewing and evaluating 20 years of implementation and continuing to research and perfect the institution on the inspection, processing, review and systematization of documents is a regular and continuous work in order to become more and more important. improve the quality of this work. Through that, the legal system is increasingly perfected, synchronous and unified. This activity is both in line with the functions and tasks of the Document Inspection Department and in line with the JICA project's goal of "improving the quality of legal documents system". |
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3 |
Workshop on policy evaluation and recommendations for improvement of legal regulations on education and training (except vocational education) |
Education and training is one of the important areas of social security with the desire that people will increasingly have access to education policies to promote the education of Vietnam. In Vietnam, all policies, guidelines and guidelines of the Party and State are institutionalized into legal documents to be put into practice. However, society is always in constant motion, and all policies need to be adjusted to suit each specific period. Some examples are: Society is facing natural disasters, epidemics, industrial revolution 4.0 is growing, traditional teaching and learning methods are gradually being replaced by new ones... Parallel to this is the task of regularly reviewing and evaluating legal regulations on education and training. Therefore, it is necessary to evaluate the policy and recommend to improve the legal regulations on education and training (except for vocational education). document review, just in line with the goal of "improving the quality of legal documents system" of the JICA project. The legal system of Vietnam is promulgated from the central to the local level. Accordingly, local documents are often detailed, specific and immediately applicable to businesses and investors. However, the process of checking and reviewing legal documents shows that over 80% of signs of violations come from documents issued by the provincial level and many provinces have similar incorrect content, leading to effective results. Law enforcement is difficult. The compilation, re-publishing and publication of the Handbook of 100 professional situations for examining legal documents, which summarizes major, typical, and easily repeatable wrong contents between agencies in the years 2019-2021 and Issuing to ministries, ministerial-level agencies and localities is necessary, contributing to improving the quality of consulting, promulgating, examining and handling legal documents, perfecting the legal system associated with enforcement. law in practice. |
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EU JULE project |
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Strengthening access and implementation of the rights of the poor and ethnic minorities to credit, housing, livelihoods and infrastructure policies |
Activities aimed at increasing access to justice for disadvantaged groups, including the poor. Accordingly, the activities aim to:
- Research the current legal system on credit, housing, livelihood and infrastructure investment policies for the people in general, for the poor in order to reduce poverty. sustainability in particular;
- Strengthen the capacity of the staff working in formulating and promulgating policies for the poor.
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EU JULE project |
first |
Develop documents to guide skills in reviewing and systematizing legal documents |
The review and systematization of legal documents (QPPL) is one of the effective tools and mechanisms to control the quality of legal documents in accordance with the Law on Promulgation of Legal Documents. breaking the law. Through the review and systematization of documents, state agencies from central to local levels promptly detect, handle or propose to handle illegal, conflicting, overlapping, and obsolete regulations. valid or no longer practical to amend, supplement, replace, annul or issue new legal documents, remove obstacles, inadequacies, "bottlenecks" in terms of institutions, laws, serve socio-economic development. In order to contribute to improving the quality and efficiency of the review and systematization of legal documents, and to improve the capacity of civil servants doing this work in all ministries, branches and localities, the study, Developing standard documents guiding skills in reviewing and systematizing legal documents is essential. This set of documents is intended to help civil servants who directly carry out the review and systematization of legal documents at ministries, branches and localities with the necessary skills and knowledge on reviewing and systematizing legal documents. legal documents, especially skills in reviewing, detecting and proposing solutions for competent authorities to handle illegal, conflicting, overlapping, expired or no longer valid regulations. be practical, perfect the legal system, promptly remove obstacles and inadequacies, ensure the lawful rights and interests of agencies, organizations, people and enterprises; strengthen the publicity, transparency and accessibility of the legal system, contributing to ensuring the effective application and enforcement of the law. Consistent with the Project's overall goal of "strengthening the rule of law through a reliable and easily accessible justice system". |
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Through the seminar, the participants (expected to be representatives of ministries, branches and localities directly performing the task of reviewing and systematizing legal documents) will give suggestions to improve the Ministry of Finance. document. Through exchange and discussion, the reviewers and participants will give comments and suggestions on the draft document. In addition, representatives of ministries, branches and localities will supplement and give detailed opinions on problems and difficulties that need guidance on skills in reviewing and systemizing legal documents, especially illustrative examples, practical situations that need to be answered and guided in this work at their agencies and units. At the workshop, there will also be an exchange and sharing of skills in reviewing and systematizing legal documents to improve the capacity to perform tasks for civil servants in ministries and branches. local. Consistent with the Project's overall goal of "strengthening the rule of law through a reliable and easily accessible justice system".
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Through the seminar, the participants (expected to be representatives of ministries, branches and localities directly performing the task of reviewing and systematizing legal documents) will give suggestions to improve the Ministry of Finance. document. Through exchange and discussion, the reviewers and participants will give comments and suggestions on the draft document. In addition, representatives of ministries, branches and localities will supplement and give detailed opinions on problems and difficulties that need guidance on skills in reviewing and systemizing legal documents, especially illustrative examples, practical situations that need to be answered and guided in this work at their agencies and units. At the workshop, there will also be an exchange and sharing of skills in reviewing and systematizing legal documents to improve the capacity to perform tasks for civil servants in ministries and branches. local. Consistent with the Project's overall goal of "strengthening the rule of law through a reliable and easily accessible justice system". |
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2 |
Review, evaluate and recommend improvement of legal regulations with contents related to household registration book, temporary residence book or request to produce papers and documents confirming residence to propose to competent authorities the right to amend, supplement, and promulgate new ones to suit the provisions of the Law on Residence, restrict the use of information about the place of residence as a condition for carrying out administrative procedures, focusing on the private sector. law, investment, land, construction, housing |
In order to review and complete the legal provisions related to household registration book, temporary residence book or request to produce papers and documents confirming residence to propose competent authorities to amend, supplementing and promulgating new ones to suit the provisions of the Law on Residence, restricting the use of information about the place of residence as a condition for carrying out administrative procedures. Thereby, directly contributing to reducing troubles and complications for people and businesses when carrying out administrative procedures and other related activities, and at the same time reducing the cost of law compliance and ensuring the legal system. more unified, reliable and accessible, especially for the disadvantaged, especially the poor and ethnic minorities. The content of the Report will refer to the results of reviewing and evaluating legal regulations on papers and documents confirming residence in the implementation of administrative procedures and civil transactions, in which the focus is on: The focus is on the judicial sector and a number of fields that have a profound impact on socio-economic life such as investment, land, construction, and housing. In addition, the Report will also assess the legal status of the connection and sharing between the National Population Database and the specialized database; exploit and use information in the national database on population. Based on the review and evaluation results, the Report will propose and give solutions to improve the law on this issue. The Prime Minister's Decision No. 426/QD-TTg dated March 24, 2021 on the Plan to implement the Law on Residence has also identified the stated tasks. In line with both the overall and specific goals of the Project, "strengthening the rule of law through a reliable and easily accessible justice system, assisting in solving difficulties in using services public service in the judicial system to exercise legal rights as prescribed”.
|
| |
In order to collect comments for the completion of the report on document review results, thereby evaluating and recommending the improvement of legal provisions related to household registration books, temporary residence books or export requirements. submit papers and documents confirming residence to propose competent authorities to amend, supplement and issue new ones in accordance with the provisions of the Law on Residence, restricting the use of information about the place of residence. is a condition to carry out administrative procedures, focusing on the fields of justice, investment, land, construction, and housing. At the workshop, participants from ministries, branches and localities will also share and add practical information, results of reviewing legal regulations, situation, orientation to complete the related legislation. related to the scope of review, especially problems and shortcomings as well as recommendations and suggestions to serve to complete the report on the results of document review. In line with both the overall and specific goals of the Project, "strengthening the rule of law through a reliable and easily accessible justice system, assisting in solving difficulties in using services public service in the judicial system to exercise legal rights as prescribed”. |
| 4 |
FINANCIAL PLANNING DEPARTMENT |
EU JULE project |
|
Training of resource trainers (TOTs) on statistics in the field of grassroots mediation and legal aid |
Operations for 2021 move to 2022 |
| EU JULE project |
|
Training in statistical analysis skills in the field of grassroots mediation and legal aid for judicial officers at provincial, district and commune levels (conducted by source trainers trained in activity 4.5.2.4. |
Operations for 2021 move to 2022 |
| 5 |
HELP DEPARTMENT PL |
JICA project |
first |
Building litigation that provides legal aid to people with disabilities |
This proposal is consistent with the project's goal of improving legal aid skills for policy beneficiaries and disadvantaged people, and at the same time consistent with point 8 on legal aid of Clause II, Article 1 of Decision No. 1190/QD-TTg dated August 5, 2020 of the Prime Minister approving the Program to assist people with disabilities for the period of 2021-2030 with the provisions: “Organize training, refresher knowledge, enhance capacity for the team of legal aid providers when providing legal aid to people with disabilities who have financial difficulties”; |
| 2 |
Research and develop a report on pilot appraisal of legal aid cases |
The Legal Aid Bureau is responsible for guiding, monitoring, examining, managing, evaluating and appraising the quality of legal aid cases and legal aid activities of the Legal Aid Center, the organizations that sign the contracts and register to participate in legal aid. Therefore, it is necessary to study and report on the quantity and quality of legal aid cases. |
| 3 |
Develop a successful legal aid case document on the provision of legal aid to people with disabilities |
This proposal is consistent with the project's goal of strengthening the capacity of relevant agencies and organizations in providing legal aid to the disadvantaged, especially the disabled, and at the same time suitable for Article 14 of Circular No. 03/2021/TT-BTP dated May 25, 2021 stipulates the responsibility of appraising and assessing the quality and effectiveness of legal aid cases, in which the Legal Aid Department - Ministry of Justice The judiciary has the responsibility to assist the Minister of Justice in managing and organizing the assessment of the quality of the legal aid cases participating in the proceedings, the cases of representation outside of the proceedings, the effectiveness of the legal aid cases participating in the proceedings to determine the quality of the legal aid cases. determine legal aid cases successfully participating in legal proceedings of legal aid-providing organizations nationwide. |
EU JULE
1. Capacity building for legal aid practitioners (including legal knowledge and skills). |
first |
Develop guiding documents on responsibility of information and introduction of legal aid of commune-level People's Committees |
Law on legal aid (Article 42) and Clause 12, Article 2 of Circular No. 03/2021/TT-BTP dated May 25, 2021 of the Ministry of Justice stipulates that commune-level People's Committees are responsible for providing information and introduction about legal aid to the public. citizen. However, this is a new regulation, the number of Committees to implement this regulation is large (11,000 communes), so it is necessary to have specific guiding documents on this activity to guide and train the commune level. |
| 2 |
Training on the use, operation, management and exploitation of the Organization Management System and legal aid activities |
This proposal is consistent with the project's goal of strengthening the capacity of relevant agencies and organizations in providing legal aid to the disadvantaged in society, and also consistent with the content of the Proposal. The legal aid reform project for the period 2015-2025 has regulations on the strong application of information technology and the use of databases to closely manage the quality of legal aid cases. |
| 3 |
Training for source trainers on legal aid documents in the field of marriage and family and land (based on training materials developed under Project EUJULE 2021) |
This proposal is completely consistent with the tasks of the Ministry of Justice (Department of Legal Aid) specified in Article 40 of the Law on Legal Aid 2017 and related documents. This proposal is also consistent with the objective 2.2 "Strengthening capacity of legal aid practitioners and legal aid practitioners" of the Project, especially Activity 2.2.1 "Building capacity building program for legal aid practitioners" with a gender and rights-based approach" |
| 4 |
Organize specialized and specialized training on skills in providing legal aid to the poor, for legal assistants, lawyers providing legal aid, legal aid collaborators...; |
This proposal is completely consistent with the tasks of the Ministry of Justice (Department of Legal Aid) specified in Article 40 of the Law on Legal Aid 2017 and related documents. This proposal is also consistent with the objective 2.2 "Strengthening capacity of legal aid practitioners and legal aid practitioners" of the Project, especially Activity 2.2.1 "Building capacity building program for legal aid practitioners" with a gender and rights-based approach" |
| 5 |
Training skills to coordinate information points on legal aid in ethnic minority and mountainous areas; training on legal aid knowledge for village elders, village heads, reputable people in the community, grassroots officials in ethnic minority and mountainous areas |
This proposal is completely consistent with the tasks of the Ministry of Justice (Department of Legal Aid) as stipulated in the Prime Minister's Decision No. 749/QD-TTg dated June 1, 2015 approving the Project on renewal of aid work. The 2015-2025 legislation has regulations on solutions to legal aid management (Section II, Article 1) as follows: strengthening the communication and dissemination of the law on legal aid, on the rights and obligations of legal aid recipients, on legal aid and on legal aid. The system of organization to implement legal aid is available to raise awareness of central and local officials, people and objects of legal aid about the role of legal aid. |
| 6 |
Training on legal aid information coordination mechanism for procedure-conducting agencies and people in some provinces; |
This proposal is completely consistent with the mission of the Ministry of Justice (Department of Legal Aid). According to the provisions of Article 7 of Circular 10/2018/TTLT-BTP-BCA-BQP-BTC-TANDTC-VKSNDTC dated June 29, 2018 there are clear regulations on responsibility for explaining, notifying and providing information on legal aid and Article 3 stipulates the responsibilities of Centers and Branches, including: Coordination of communication and guidance on legal aid. In particular, the responsibilities of the Center and Branches are added to provide the Information Sheet about the legal aid recipients, the minutes explaining the right to free legal aid of the accused, victims and litigants eligible for legal aid. , Notice of legal aid, Information on legal aid and Logbook of legal aid cases in legal proceedings and |
| 7 |
Training in legal aid skills for victims of gender-based violence |
This proposal is completely consistent with the tasks of the Ministry of Justice (Department of Legal Aid) specified in Article 40 of the Law on Legal Aid 2017 and related documents. This proposal is also consistent with Decision No. 2232/QD-TTg dated December 28, 2020 of the Prime Minister approving the Program to prevent and respond to gender-based violence for the period 2021-2025 with the assignment of The Ministry of Justice provides guidance on legal aid to victims of gender-based violence. |
EU JULE
2. Support in the implementation of legal aid cases |
Developing a successful legal aid case document on the provision of legal aid to the poor |
This proposal is consistent with the project's goal of strengthening the capacity of relevant agencies and organizations in providing legal aid to the disadvantaged in society, and also in line with Article 14 of Circular No. 03/2021/TT-BTP dated May 25, 2021, stipulates the responsibility of appraising and evaluating the quality and effectiveness of legal aid cases, in which the Legal Aid Department - the Ministry of Justice is responsible for assist the Minister of Justice in managing and organizing the assessment of the quality of legal aid cases, cases of representation outside the proceedings, and the effectiveness of legal aid cases participating in proceedings to determine the case of legal aid cases. legal aid to successfully participate in legal proceedings of legal aid organizations nationwide. |
EU JULES
3. Strengthening the implementation of legal aid, providing legal advice to people in custody and temporary detention. |
first |
Organize training courses to guide the mechanism for providing legal aid on duty at the Court |
According to the Law on Legal Aid and the Renovation Scheme, the Legal Aid Department studies a mechanism to increase the accessibility of legal aid for those with legal problems, especially the disadvantaged; ensure that criminal cases have defense counsels. The implementation of legal aid on duty at the Court has been implemented in a number of localities, this proposal is in line with the project's objectives, specifically activity 2.3.2 "instructing the implementation of inter-sectoral legal aid, including criminal cases." civil and civil matters" and guide relatives of detainees in accordance with Activity 2.5.3 "strengthening the implementation of legal aid and providing legal advice to persons held in custody or temporary detention". |
| 2 |
Set up a litigation to provide legal aid to the disadvantaged (Dispute provides legal aid to the poor, Litigation provides legal aid to victims of domestic violence) |
This proposal is consistent with the project's goal of improving legal aid skills for policy beneficiaries and disadvantaged people, and at the same time, in line with the task in Clause 2, Article 1 of Decision No. 749/QD. - TTg of the Prime Minister on June 1, 2015 approving the project of reforming legal aid work in 2015-2025 with the content: “Reviewing the existing contingent of legal aid officers, on the basis of actual conditions, legal aid needs of each locality to determine the required number of Legal Assistants; have a plan for training and retraining with appropriate forms in the direction of depth in order to improve professional qualifications and litigation skills. |
| 3 |
Develop direct documents to connect legal aid practitioners with investigation agencies and detention facilities |
According to the Law on Legal Aid and the Renovation Scheme, the Legal Aid Department studies a mechanism to increase the accessibility of legal aid for those with legal problems, especially the disadvantaged; ensure legal aid recipients upon request. The phone call has been accepted by some localities, this proposal is suitable with the project's objectives, namely activity 2.3.2 "instructing the implementation of inter-sectoral legal aid, both criminal and civil cases" and 2.5.3 "Strengthening the implementation of legal aid, providing legal advice to people held in custody and temporary detention". |
| EU JULES4. Supporting the application of information technology in legal aid |
first |
Research and report on the project on building a database on legal aid |
This proposal is in line with the project's goal of improving the quality and efficiency of legal aid activities and serving the communication work, and at the same time in line with the requirements of the 2017 Law on Legal Aid as "Electronic records". of each legal aid case is digitized, updated into the legal aid case management system and stored in the legal aid database. |
| 2 |
Research, upgrade and perfect the organization management system and legal aid activities |
This proposal is consistent with the project's objective of strengthening the socialist rule of law through a more accessible and reliable judicial system; is the main tool to build a database on legal aid, in line with the requirements of the 2017 Law on Legal Aid, which is "The electronic record of each legal aid case is digitized, updated into the management system. handle legal aid cases and store them in the legal aid database. |
| 3 |
Training on working skills, organizing conferences, surveys and online tests between central and local governments in the field of legal aid |
This proposal is consistent with the project's objective of strengthening the socialist rule of law through a more accessible and reliable judicial system; The Legal Aid Bureau is responsible for organizing the use of information technology in the state management of legal aid; building, managing and exploiting databases on legal aid organizations and activities, legal aid cases. Especially in the context of Covid 19, in order to ensure epidemic prevention and comply with the 5K requirements of the Ministry of Health, it is necessary to organize online skill classes between the central and local governments, to ensure public safety. implementation in a timely manner |
| 4 |
Training on online legal aid skills for disadvantaged people (people with disabilities, the poor, victims of violence, victims of human trafficking) |
This proposal is in line with the provision of legal aid in the context of Covid 19, to ensure epidemic prevention and compliance with the 5K requirement of the Ministry of Health, to help people limit travel and reduce procedures. administratively, quickly and promptly assist the people and at the same time, the Legal Aid Bureau is responsible for organizing the use of information technology in the state management of legal aid. |
EU JULES
5. Legal aid communication |
first |
Develop, print and distribute leaflets on legal aid for the poor and disadvantaged. |
This proposal is consistent with the project's goal of strengthening the capacity of relevant agencies and organizations in providing legal aid to the disadvantaged in society. According to Article 40 of the Law on Legal Aid in 2017, there are regulations on state management responsibility for legal aid of the Ministry of Justice (Department of Legal Aid) which is the organization of legal aid communication; |
| 2 |
Organize a number of direct communication sessions, thematic legal aid points to guide the poor, ethnic minorities in poor areas; Organize a number of point-to-point direct communication sessions, thematic legal aid points to guide the poor and ethnic minorities in ethnic minority and mountainous areas in understanding legal aid and how to to exercise the right to legal aid. |
This proposal is consistent with the project's goal of strengthening the capacity of relevant agencies and organizations in providing legal aid to the disadvantaged in society. According to Article 40 of the Law on Legal Aid in 2017, there are regulations on state management responsibility for legal aid of the Ministry of Justice (Department of Legal Aid), which is the organization for legal aid communication. |
| UNICEF Project |
first |
Develop documents directly connecting legal aid practitioners with investigating agencies and juvenile-friendly detention facilities (from 16-18 years old) |
According to the Law on Legal Aid and the Renovation Scheme, the Legal Aid Department studies a mechanism to increase the accessibility of legal aid for people with legal problems, especially minors; ensure legal aid when there is a request for legal aid. The phone call has been accepted by some localities, this proposal is suitable with the project's objectives, namely activity 2.3.2 "instructing the implementation of inter-sectoral legal aid, both criminal and civil cases" and 2.5.3 "Strengthening the implementation of legal aid, providing legal advice to people held in custody and temporary detention". |
| 2 |
Building litigation that provides legal aid to children |
This proposal is consistent with the project's goal of improving legal aid skills for children, and also in accordance with Article 14 of Circular No. 03/2021/TT-BTP dated May 25, 2021 with regulations on: to determine the responsibility for appraising and evaluating the quality and effectiveness of legal aid cases, in which the Legal Aid Department - the Ministry of Justice is responsible for assisting the Minister of Justice in managing and evaluating the quality of legal aid cases. the number of cases participating in the proceedings, the cases of representation outside the proceedings, the effectiveness of legal aid cases participating in the proceedings to determine the successful legal aid cases participating in the proceedings of the aid-providing organizations. legal aid nationwide. |
| 3 |
Training in legal aid skills in preventing child abuse |
This proposal is completely consistent with the tasks of the Ministry of Justice (Department of Legal Aid) specified in Article 40 of the Law on Legal Aid 2017 and related documents. This proposal is also consistent with the Project on Strengthening access to justice and protection of juveniles related to the law, and at the same time in line with point p, clause 2, Article 2 of Resolution 121/2020/QH14 dated 19/05. In June 2020, the National Assembly on continuing to strengthen the effectiveness and efficiency of the implementation of policies and laws on child abuse prevention and control, assigned the Ministry of Justice to assume the prime responsibility for, and coordinate with ministries and branches in, guiding guide and direct the promotion of legal aid in the process of settling cases of child abuse; |
| 4 |
Develop a successful legal aid case document on the provision of legal aid to children and juveniles |
This proposal is consistent with the project's goal of strengthening the capacity of relevant agencies and organizations in providing legal aid to children, and also in accordance with Article 14 of Circular No. 03/2021 /TT-BTP dated May 25, 2021 stipulates the responsibility of appraising and assessing the quality and effectiveness of legal aid cases, in which the Legal Aid Department - the Ministry of Justice is responsible for assisting the Minister of Justice. The Judiciary shall manage and organize the assessment of the quality of legal aid cases participating in the proceedings, cases of representation outside of the proceedings, and the effectiveness of legal aid cases participating in the proceedings to determine the legal aid cases involved. successful litigation of legal aid organizations nationwide. |
| 3-year cooperation program with Germany |
Organize training courses on legal aid skills in (1) criminal proceedings, (2) civil proceedings and (3) marriage and family |
This proposal is consistent with the goal of the 3-year cooperation program with Germany to strengthen the professional capacity of practitioners in the field of law and justice and is also consistent with the tasks in Clause 2, Article 1. of the Prime Minister's Decision No. 749/QD-TTg dated June 1, 2015 approving the project of reforming legal aid work in 2015-2025 with the content: "Reviewing the contingent of legal aid workers existing, on the basis of actual conditions, legal aid needs of each locality to determine the required number of legal assistants; have a plan for training and retraining with appropriate forms in the direction of depth in order to improve professional qualifications and litigation skills. |
| 6 |
DEPARTMENT OF GENERAL REGULATIONS |
Memorandum of Understanding on cooperation in the field of guaranteeing performance of obligations and registration of security interests between the Ministry of Justice of Vietnam and the International Finance Corporation (IFC) |
first |
Intensive training conference on the Decree on registration of security interests and proposals to improve the efficiency of registration of security interests (after the Decree is promulgated) |
|
| 2 |
Support to perfect the legal framework on guarantee of performance of obligations, registration of security interests |
|
| |
| JICA project |
Technical assistance in completing the law related to the performance of obligations and registration of security interests; capacity building for staff engaged in registration of security interests |
In line with the objective of the project "Improving the quality of the Vietnamese legal document system in association with effective law enforcement organizations to contribute to the promotion of legal reform, judicial reform, strengthening national competitiveness according to international standards” |
| EU JULE project |
Improve legal awareness and access to credit for poor women and ethnic minorities |
Continuing the performance in 2021 |
| |
| 3-year cooperation program with Germany |
Support to research and propose the Law on measures to ensure the performance of obligations |
The civil legal system in general and the law to ensure the performance of obligations in particular of Vietnam belong to the written legal system, similar to the laws of Germany, France and Japan on the basis of reference to foreign experiences in accordance with the law. in accordance with the specific practice of Vietnam. Germany is an experienced country in developing legislation on property registration in general, registration of security interests in particular, and handling and resolving the relationship between notary and security interest registration. In addition, the German Institute for International Cooperation on Law (IRZ) is a traditional organization that has supported the Ministry of Justice in the development of the Civil Code. In addition, the German Institute for International Cooperation in Law (IRZ) and the Konrad Adenauer Institute (KAS) have also supported the Registry in previous stages. The proposal in line with the project's content is "...cooperation in the field of civil law...", specifically, perfecting the law on registration of transactions and properties. Therefore, the Registry proposes to cooperate with the German Institute for International Cooperation in Law (IRZ) and the Konrad Adenauer Institute (KAS) in a 3-year cooperation program with Germany to support these activities.
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| 7 |
INTERNATIONAL LEGAL DEPARTMENT |
JICA project |
first |
Research on the compatibility of Vietnamese law with international treaties on contracts, settlement of contract disputes by arbitration and commercial mediation to which Vietnam is a member and model law and international custom. relevant popular economy |
On October 2, 2019, the Prime Minister issued Decision No. 1268/QD-TTg approving the project "Improving the law on contracts and settling contract disputes by commercial arbitration and mediation." commercial solutions", including activities chaired by the Ministry of Justice on studying and surveying international experiences on solutions to perfecting the contract legal framework, ensuring the consistency and synchronization in the legal relationship. general, private law; improve the method of settling contract disputes by commercial arbitration, commercial mediation and measures to ensure the effective implementation of relevant laws. Law on contracts, settlement of contract disputes by arbitration and commercial mediation play an important role in ensuring the quality of the investment and business environment in Vietnam. The harmonization of Vietnam's law with international commitments and treaties in this field in the context of deep international integration is necessary. The results of the above activities are the basis for the Ministry of Justice to propose relevant state agencies to perfect the law and have a future vision on the signing and accession of international treaties in this field. .
|
| 2 |
Improve the capacity of officials in charge of settling international investment disputes in particular and staff doing legal work and foreign investment in general. |
In the fourth quarter of 2021, the Ministry of Justice will submit to the Prime Minister for promulgation a plan to train cadres and civil servants directly dealing with international investment dispute settlement. At the same time, in Directive No. 27/CT-TTg dated July 10, 2020 of the Prime Minister on strengthening the state management of investment and preventing the arising of international investment disputes, The Prime Minister assigned the Ministry of Justice to assume the prime responsibility for organizing the propagation and dissemination of knowledge on international trade and investment laws; Vietnam's international commitments on trade and investment and annually organize training and capacity building for officials and civil servants of ministries, branches and localities on international trade and investment law. economic; prevention and settlement of international investment disputes. |
| 3 |
Support to improve international judicial law: learn Japanese law with the following contents:
- sale of property by judicial method (judicial sale), especially with assets being aircraft, ships and the consequences of this method with the termination of security obligations and lien rights;
- the possibility of recognizing the sale of property by a foreign judicial method in Japan. |
Decision No. 58/QD-TTg dated August 19, 2019 of the Prime Minister promulgating the plan for Vietnam to assume the role of a member of the United Nations International Trade Law Committee for the 2019-2025 term, the Ministry of was assigned to chair the UNCITRAL working group VI on the request to sell the ship in accordance with the court ruling. The international law on the sale of ships as well as the recognition of court judgments is still quite new to Vietnam, so understanding the law as well as Japanese experience in this field will support the Ministry of Justice in implementing the law. duties assigned by the Government. In addition, this activity is also meaningful to the implementation of the task of researching and proposing to develop an International Justice Law, which in the past, the JICA Project has supported the Ministry of Justice with a number of related contents. on international law. This activity meets the project's objective of establishing a reliable legal system. |
| 4 |
Learn about Japanese law on recognition of international commercial dispute settlement through mediation and study the possibility of joining the United Nations Convention on the Settlement of International Disputes through Mediation (Singapore Convention) . |
The United Nations Convention on Agreements for the Settlement of Disputes through Mediation was signed on August 7, 2019 in Singapore. This is an important United Nations Convention to further promote the recognition and enforcement of international fire agreements. In Official Dispatch No. 6067/VPCP-QHQT dated July 9, 2019, the Prime Minister assigned the Ministry of Justice to assume the prime responsibility for, and coordinate with relevant ministries and agencies in, continuing to study and assess the impacts on all the projects. face and ability to join the Convention, soon report to the Prime Minister when Vietnam fully meets the accession conditions.
Therefore, learning about Japan's experience in current legislation in the field of conciliation and Japan's views on joining the Convention will assist the Ministry of Justice in performing well the tasks assigned by the Prime Minister. deliver. |
| 5 |
Learn about Japan's experience in implementing the Hague Conference Conventions on International Justice |
Japan has been a party to the 1965 The Hague Convention on the Overseas Service of Judicial and Extrajudicial Documents in Civil or Commercial Matters, the 1970 Convention on the Collection of Evidence Abroad in the Field of Law. civil or commercial matters and the 1980 Convention on Civil Aspects of Child Abduction. Within the framework of ASLOM 20, Vietnam has asked Japan to assist ASEAN countries in studying, joining and implementing the above-mentioned Conventions. |
| EU JULE project |
first |
Continuing to implement 02 activities in 2021 including: (Activity 1.5.4.16. Developing training documents on the implementation of the ICCPR Convention and 02 training points for judicial officers;
Activity 3.2.2.12. Researching develop criteria to evaluate the implementation of children's rights (Articles 16, 24), the right to marry and start a family (Articles 3, 23) of the ICCPR). |
The International Covenant on Civil and Political Rights (ICCPR Convention) is one of the most important international treaties on human rights. Vietnam joined the Convention early (in 1982). According to the Recommendation for the Third Periodic Report of Vietnam, Vietnam is obliged to submit the next report by March 29, 2023. Decision No. 1252/QD-TTG dated September 26, 2019 of the Prime Minister approving the Plan for Effective Implementation of the International Covenant on Civil and Political Rights and the recommendations of the United Nations Commission on Human Rights. The Ministry of Justice has been assigned to the Ministry of Justice as the lead agency, with the task of advising and assisting the Government in the implementation of the Plan nationwide. The approved activities in 2021 are extremely meaningful for the implementation of Decision No. 1252/QD-TTG, however, due to objective reasons, they have not been implemented while the workload is still large, the possibility of High capacity will have to last until the first quarter of 2022. |
| 2 |
develop a research report on the practice of considering and handling applications for recognition and enforcement in Vietnam of court judgments and decisions of foreign competent authorities |
In the years 2019, 2020, 2021, the project has supported the Ministry of Justice in summarizing practices and studying international experiences in service of developing and perfecting the law on mutual legal assistance in civil matters. Vulnerable groups are women and children. The project's activities have played an important role in assisting the Ministry of Justice in preparing the application for the development of the Law on mutual legal assistance in civil matters. One of the important contents of the Mutual Legal Assistance Agreements in the civil field and the current Civil Procedure Code is the recognition and enforcement of foreign court judgments and decisions of foreign courts. competent authority of a foreign country but has not been specified as the scope of the law on mutual legal assistance. The practice has generated many requests that are directly related to women and children. This activity will have a positive meaning for the Ministry of Justice in gathering more difficulties and obstacles from the practice of handling requests in Vietnam, thereby creating a basis for the development of the Law on mutual legal assistance on civil matters. The modern and feasible approach helps to speed up the process of settling civil cases, marriage and family with foreign elements quickly, accurately and effectively. Thereby helping to protect the legitimate rights and interests of disadvantaged groups such as women and children in dispute cases, enhancing the people's ability to exercise their rights and access to justice in general, especially in the community. disadvantaged groups are children, women in particular; enhancing integrity and transparency in the Judiciary, contributing to the project's goal of strengthening the rule of law through a more accessible and trustworthy justice system.
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| 3 |
Developing a research report on reviewing international treaties in the field of mutual legal assistance in civil matters |
In the years 2019, 2020, 2021, the project has supported the Ministry of Justice in summarizing practices and studying international experiences in service of developing and perfecting the law on mutual legal assistance in civil matters. Vulnerable groups are women and children. The project's activities have played an important role in assisting the Ministry of Justice in preparing the application for the development of the Law on mutual legal assistance in civil matters. Continuing the activities that have been carried out, in order to propose a comprehensive Law on Mutual Legal Assistance in civil matters, the Ministry of Justice proposes that the project continue to support the review of international treaties on mutual assistance. Judiciary in the civil field ensures that the provisions of the law are close to the general rules of the world. This activity will have a positive meaning for the Ministry of Justice in gathering more difficulties and obstacles from the practice of handling requests in Vietnam, thereby creating a basis for the development of the Law on mutual legal assistance on civil matters. The modern and feasible approach helps to speed up the process of settling civil cases, marriage and family with foreign elements quickly, accurately and effectively. Thereby helping to protect the legitimate rights and interests of disadvantaged groups such as women and children in dispute cases, enhancing the people's ability to exercise their rights and access to justice in general, especially in the community. disadvantaged groups are children and women in particular; enhancing integrity and transparency in the Judiciary, contributing to the project's goal of strengthening the rule of law through a more accessible and trustworthy justice system. |
| 3-year cooperation program with Germany |
first |
Continuing to carry out the Workshop organization activity "Strengthening the effective implementation of the International Covenant on Civil and Political Rights - Experiences and Solutions" (KAS Activity Number: S205221010) from 2021 to |
This is an approved activity to be held in 2021, however, due to the complicated developments of the Covid 19 epidemic, it has not been organized but moved to 2022. |
| 2 |
Organize an ASEAN legal forum to share experiences on the implementation of the 1965 The Hague Convention on the Service abroad of judicial and extrajudicial documents in civil or commercial matters (Service Convention) and the The Hague Convention of 1970 on the Collection of Evidence Abroad in Civil or Commercial Fields (Convention on Collection of Evidence) (KAS Partnership) |
The Service Convention and the Evidence Collection Convention are the two main conventions on mutual legal assistance in civil and commercial fields of the Hague Conference on international justice to which Vietnam has recently become a member. In the ASEAN region, most countries are not yet party to the two Conventions. The objective of the organization of an ASEAN Legal Forum is to share experiences on the accession and implementation of the Conventions on Mutual Legal Assistance in Civil Affairs of the Hague Conference on International Judiciary to which the countries are concerned. ASEAN is interested, joined/implemented. Vietnam proposed to organize the Forum at the 20th ASEAN Senior Legal Officials Meeting (ASLOM). In 2012, KAS supported the Ministry of Justice to organize a workshop in ASEAN on the 1960 Hague Convention on the legalizing foreign public documents (Apostlle), then the Ministry of Justice is implementing the Initiative of Mutual Legal Assistance to develop the Mini Apostille Agreement in ASEAN. Besides, in 2016 when Vietnam just joined the Convention on Service of Documents, KAS also supported to organize 01 Convention dissemination workshop in Hanoi for the courts and judgment enforcement agencies in the Northern region. . |
| 3 |
Providing courses, long-term and short-term training related to international arbitration, international investment dispute resolution (online and offline) |
Improving knowledge on international investment dispute settlement will bring great benefits to investors from Germany as well as to Vietnam to ensure the efficiency of investment projects.
- Vietnam has been facing many cases of investment dispute settlement in the context of a sharp increase in foreign investment in Vietnam. Germany is a country with extensive experience in handling international investment disputes. At the same time, there are many similarities in the legal system with Vietnam. Therefore, the Department wishes the German side to facilitate the sharing of experiences and views, as well as support related courses. |
| UN WOMEN . Project |
Handbook Suggestion Workshop |
In 2021, the International Law Department is supported by UNWOMEN to develop a Handbook for the dissemination of the International Covenant on Civil and Political Rights (ICCPR) and guide specific actions to implement recommendations No. 20, 22 on equality. gender equality for Vietnam. According to the Plan approved by the donor, this activity will have 01 Workshop held in 2022 with the budget to be confirmed in 2022. Considering that the organization of the Workshop to collect comments on the above Handbook is very necessary, especially in the context that in 2023, Vietnam will have to submit the 4th national report on the implementation of the ICCPR Convention, therefore, the International Legal Affairs Department continues to ask for the donor's interest to invest in the operation. this move. |
| Administrative agreement on cooperation in the legal field between the Ministry of Justice of Vietnam and the Ministry of Justice of France |
Organize intensive training courses to improve the capacity of officials and civil servants of relevant Ministries and sectors on international law and the prevention and settlement of international investment disputes. |
In Directive No. 27/CT-TTg dated July 10, 2020 of the Prime Minister on strengthening the state management of investment and preventing the arising of international investment disputes, the Prime Minister The Government assigned the Ministry of Justice to assume the prime responsibility for organizing the propagation and dissemination of knowledge on international trade and investment laws; Vietnam's international commitments on trade and investment and annually organize training and capacity building for officials and civil servants of ministries, branches and localities on international trade and investment law. economic; prevention and settlement of international investment disputes. |
| UNICEF Project (Ministry of Justice Component) |
Study of foreign experiences on accession and implementation of the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation Relating to Parental Responsibility and Safeguards children |
Continuing the support of the UNICEF project to the Ministry of Justice in developing a research report, reviewing legal documents and a feasibility assessment on accession to the 1996 Hague Convention on Jurisdiction and applicable law. , recognition, enforcement and cooperation related to parental responsibilities and child protection measures, in 2020, the Department of International Law proposes to support the development of an international experience report on accession and implementation of the Convention. The implementation of this activity is consistent with the goal of increasing access to justice for disadvantaged groups, specifically children, through the formation of a cooperation mechanism through international treaties. |
| Minutes of agreement with Singapore |
Activity 1: assisting in the provision of documents and information on the implementation of the 1970 Hague Convention on the collection of evidence abroad in civil and commercial matters and the 1980 Hague Convention on Civil Aspects Child Abduction, Singapore Convention on Agreements for the Settlement of Disputes through Mediation |
Singapore is already a party to the 1970 Hague Convention on the Collection of Evidence Abroad in Civil and Commercial Affairs and the 1980 Hague Convention on the Civil Aspects of Child Abduction. Singapore's experience is very useful for Vietnam in the period when Vietnam has just acceded to the Hague Convention in 1970 on the collection of evidence abroad in civil and commercial fields and is studying to join the Hague Convention. Or 1980 on the civil aspects of child abduction. As for the United Nations Convention on Agreements for the Settlement of Disputes through Mediation, the Convention was signed on August 7, 2019 in Singapore. This is an important United Nations Convention to further promote the recognition and enforcement of international fire agreements. In Official Dispatch No. 6067/VPCP-QHQT dated July 9, 2019, the Prime Minister assigned the Ministry of Justice to assume the prime responsibility for, and coordinate with relevant ministries and agencies in, continuing to study and assess the impacts on all the projects. face and ability to join the Convention, soon report to the Prime Minister when Vietnam fully meets the accession conditions. Therefore, the support of Singapore as the most experienced country in the region on this Convention as well as the method of dispute settlement by conciliation will support the Ministry of Justice to perform its duties well. assigned by the Prime Minister. |
| 8 |
MINISTRY OF Labour, Invalids and Social Affairs |
EU JULE project |
first |
Assist in the development of a Country Report on the implementation of the United Nations Convention on the Rights of the Child at the request of the Convention and the request of the United Nations Committee on the Rights of the Child, focusing on the following issues: related to law and justice |
Supporting the development of this Report is essentially a process of reviewing and re-evaluating the entire legal system on children's rights, focusing on legal and judicial related matters, and at the same time ensuring the participation of all children. consultation with agencies, organizations, children... in this assessment process. |
| 2 |
Research and develop criteria to evaluate the implementation of the Convention on the Rights of Persons with Disabilities in Vietnam |
Currently, there are no criteria to evaluate the implementation of the Convention on the Rights of Persons with Disabilities in Vietnam, although Vietnam has been a member of the Convention since 2015. |
| 3 |
Review, evaluate and propose directions to improve the law on domestic migrant workers, focusing on issues of judicial rights for migrant workers |
Domestic migrant workers, especially in the context of the Covid 19 pandemic, are a prominent issue. In the context that Vietnam's legal system in this field is still not uniform and complete, the development of this Report is necessary, contributing to the improvement of the legal system, and increasing access to justice for the victims. domestic migrant workers. |
| 4 |
Reviewing and evaluating the health insurance law on the right to access health insurance of the disadvantaged |
On September 30, 2021, Prime Minister Pham Minh Chinh chaired a meeting of the Government's Standing Committee to give opinions on the proposal to develop the Law on Health Insurance (amended), according to which conclusions need to be carefully studied. the amendment of policies to ensure feasibility, ensure the interests of the disadvantaged, show humanity and humanity in health insurance policies. |
| 5 |
Research, evaluate and propose solutions to ensure children's rights in the context of epidemics, focusing on children's right to safety and access to education |
Therefore, it is necessary to urgently carry out this activity in order to serve the research and assessment of the current law on health insurance to propose the development of the Law on Health Insurance (amended), in order to promote the right to access health insurance. access to health insurance for the disadvantaged (the poor, the disabled, children,...). |
| 6 |
Solutions to prevent child abuse in families with domestic helpers |
The 2016 Law on Children and Decree No. 56/2017/ND-CP stipulate articles and clauses that stipulate principles to ensure children's rights and ensure safety for children, including groups of children. have special circumstances. However, there are no specific regulations to ensure children's rights, especially children's right to safety and access to education. |
| 7 |
Organized 02 training sessions for 60 local officials on providing psychological, social and other necessary support during legal proceedings to parents and minors under 18 years of age who are victims, victims of crime. Evidence of crimes |
|
| 8 |
Reviewing, assessing the impact and proposing alternative care solutions for children in order to improve the legal policy system on the implementation of children's rights in Vietnam. |
The United Nations Committee on the Rights of the Child expressed concern at the situation of children being deprived of the family environment in Vietnam and the limited options for alternative care for children. In the context of the fierce Covid -19 pandemic; Many families, especially in rural areas, are facing new pressures from the pandemic and from social and economic developments that have resulted in an increase in the number of children being abandoned, neglected, abused, and abandoned. exploitation. The respite care system for children needs special protection and ensures it is in line with international standards and good practices. Therefore, it is necessary to strengthen national legislative activities and create an alternative care and nurturing environment for children without parental care, children with disabilities and other vulnerable children. Supporting the development of this Report is essentially a process of reviewing and re-evaluating the entire legal system on alternative care for children in order to ensure that children's rights are respected and implemented in practice with the spirit of spirit. respect the law, children's best rights and interests. |
| 9 |
Assessing the impact of social security policies on immigrant children to ensure the implementation of children's rights in Vietnam |
Vulnerable groups, including migrant women and children, face many disadvantages, are vulnerable to exploitation, discrimination and lack of stability. Urbanization also leads to many parents leaving their children at home and migrating to big cities in search of job opportunities. Therefore, it is necessary to study and develop this Report, in order to detect policy gaps, thereby proposing amendments, supplements or promulgation of new policies accordingly, contributing to perfecting the system. legal system, to ensure the realization of the right of migrant children to access social security policies. |
| ten |
Review, evaluate and propose to improve the system of legal documents on labor, employment, social assistance, children, gender equality in order to realize the goal of sustainable development (focusing on environmental protection). protect the rights of the disadvantaged) |
This activity aims to review and evaluate the current system of policies under the state management of the Ministry of Labour, War Invalids and Social Affairs related to sustainable development goals, especially those related to sustainable development. newly issued in the year 2020-2021; identify inadequacies of the policy (if any) and propose the improvement of the policy to achieve the goal of sustainable development by 2030 (focusing on protecting the rights of the disadvantaged) |
| 3-year cooperation program with Germany |
first |
Review and evaluate Vietnam's labor law system in comparison with international labor standards and recommend improvement to meet the requirements of international labor standards |
|
| 2 |
Research and evaluate the Vietnamese context, international experience on measures to respond to and recover from the Covid-19 pandemic and recommend solutions to improve and enforce labor laws in Vietnam. |
- According to the report of the General Statistics Office: The labor force aged 15 and over in the third quarter of 2021 was 49.1 million people, down 2.0 million people compared to the previous quarter and down 2.2 million people compared to the previous quarter. in the same period last year. The complicated development of the fourth Covid-19 epidemic has made the workforce at its lowest level since the outbreak. The Covid-19 epidemic not only affected the formal sector, reducing the number of workers in this sector, but also spread to the informal sector, making workers no longer have the opportunity to find informal jobs as usual. seen before. This has resulted in many workers being unable to find jobs, including temporary jobs during this period. Responding to the Covid-19 pandemic and its consequences to restore the labor market is one of the biggest challenges in perfecting the current labor law policy. In order for the provisions on juvenile workers in the Labor Code (amended) 2019 to come into effect and be consistent with the provisions of the Constitution and international standards on juvenile workers, it is necessary to conduct assess the impact of this policy after its promulgation, especially on the issue of juvenile workers in the informal sector (without labor contracts, especially underage workers who are domestic helpers). ; ensuring employment without harassment...) and with reference to the Children's Laws of countries in the region as well as some countries in the world is necessary and consistent with the goals of the Project. |
| 3 |
Assess the impact of policies and laws on juvenile labor in the informal sector to meet the requirements of international labor standards on juvenile workers minor workers after the promulgation) |
In order for the provisions on juvenile workers in the Labor Code (amended) 2019 to come into effect and be consistent with the provisions of the Constitution and international standards on juvenile workers, it is necessary to conduct assess the impact of this policy after its promulgation, especially on the issue of juvenile workers in the informal sector (without labor contracts, especially underage workers who are domestic helpers). ; ensuring employment without harassment...) and with reference to the Children's Laws of countries in the region as well as some countries in the world is necessary and consistent with the goals of the Project. |
| 9 |
CENTER OF LLTPQG |
JICA project |
Research and propose major orientations to amend and supplement Decree No. 111/2010/ND-CP of the Government detailing and guiding the implementation of the Law on LLTP. |
The review of 10 years of enforcement of the Law on Litigation shows that the existing difficulties and obstacles in the law enforcement work stem from the organization and implementation of the Law. In order to improve the effectiveness and efficiency of the implementation of the Law on LLTP in the coming time, under the direction of the Leaders of the Ministry of Justice, the National Center for Law Enforcement Research and Development of a draft Decree amending and supplementing the Decree No. 111/2010/ND-CP. In order for the draft Decree to be developed effectively and feasible, it is necessary to have research and comments from many relevant ministries and branches on the major orientations expected to amend Decree 111/2010/ND-CP. . Therefore, the National Center for LLTP proposed a workshop to comment on the major orientation report amending and supplementing Decree No. 111/2010/ND-CP. |
| EU JULE project |
Training of source trainers on criminal record clearance and LLTP for prison and judicial officers |
In 2021, the National Center for Judicial Records will be supported by UNDP to develop training materials and organize 02 trial training courses for source trainers for staff working in law enforcement and prison camps in a number of locations. local. On the basis of trial training, the Center believes that in 2022, it is necessary to follow up activities, inherit experiences and documents from activities implemented in 2021. Therefore, the Center proposes to organize 03 training courses for staff. LLTP officers and prison officers nationwide. |
| ten |
Vietnam Bar Federation |
JICA project |
first |
01 Workshop to collect opinions on the practical implementation of the provisions of the law on lawyers and propose amendments |
Activities to contribute to the improvement of the law on lawyers, in line with the orientation of Vietnam's judicial reform, in line with the project's objectives. |
| 2 |
01 Workshop identifies issues that the Vietnam Bar Federation should give the highest priority to research and propose solutions to implement in order to promote the role of self-governance and develop the legal profession in the direction of judicial reform and legal reform. Laws of the Party and State |
Consistent with the activities in Output 1 of the Project |
| EU JULE project |
first |
01 Workshop on dissemination and implementation of the Charter of the Vietnam Bar Federation (amended and supplemented) |
The dissemination and mastery of the Federation's Charter helps to uniformly and effectively implement the Federation's regulations for the organization and operation of Bar Associations and member lawyers, especially regulations on handling Discipline and supervise the lawyer's activities, consistent with Output 4 of the Project |
| 2 |
01 consultation session and legal information support for persons held in custody or temporary detention |
Activities consistent with Project Output 2 |
| 3-year cooperation program with Germany |
first |
01 Workshop on "Law practice skills in defending and protecting the interests of legal entities - Experiences of Vietnamese and German lawyers" |
In line with the goal of supporting the improvement of professional capacity for lawyers |
| 2 |
01 Workshop "Law on ensuring the performance of contractual obligations - Regulations, practice and experience of lawyers when consulting" |
In line with the goal of supporting the improvement of professional capacity for lawyers |
| 3 |
01 Delegation went to study on the structure and organization of activities according to the model of the Committees of the Federal Bar Federation of Germany (BRAK) (especially the operational structure of the Commission for Settlement of Complaints and Denunciations. client reports, lawyer discipline and BRAK's lawyer protection activities) |
In line with the goal of supporting professional capacity building for officials practicing in the field of law and justice |
| 11 |
DS-KT . PL case |
JICA project |
first |
The workshop gave suggestions on completing the “Overall report on legal review, identifying problems and inadequacies and proposing overall solutions to improve the legal system in order to fully institutionalize property ownership.” The property of organizations and individuals has been stipulated in the 2013 Constitution, improving the efficiency of law enforcement on property ownership of organizations and individuals. |
- Support the Ministry of Justice in carrying out the task of implementing the Project "Fully institutionalize the property ownership rights of organizations and individuals as stipulated in the 2013 Constitution, ensuring assigned property rights". smooth translation, effective implementation and effective protection” according to the tasks assigned by the Prime Minister to the BTP (Section III.3 Article 1 Decision No. 120/QD-TTg dated January 25, 2021 of the Prime Minister ).
- In line with the goal of the JICA project, which is to implement and uniformly apply legal documents in accordance with the 2013 Constitution and Resolutions of the Party and Government. |
| 2 |
Training conference on "Capacity building for businesses, officials and civil servants of the Department of Justice, the Justice Department in law enforcement and dispute resolution on property rights" |
Support the Ministry of Justice in carrying out the task of implementing the Project "Fully institutionalize the property ownership rights of organizations and individuals as stipulated in the 2013 Constitution, ensuring property rights to be transacted. smooth, effective implementation and effective protection” according to the tasks assigned by the Prime Minister to the BTP (Section III.4 Article 1 of Decision No. 120/QD-TTg dated January 25, 2021 of the Prime Minister). . |
| 3 |
Conference "Dialogue with the business community to remove difficulties and obstacles for enterprises in law enforcement on property rights" (in collaboration with VCCI Vietnam) |
- Support the Ministry of Justice in carrying out the task of implementing the Project "Fully institutionalize the property ownership rights of organizations and individuals as stipulated in the 2013 Constitution, ensuring assigned property rights". smooth translation, effective implementation and effective protection" according to the tasks assigned by the Prime Minister to the BTP (Section III.5 Article 1 of Decision No. 120/QD-TTg dated January 25, 2021 of the Prime Minister ). |
| EU JULE project |
Completing the legal system on policies for vulnerable people in order to improve the efficiency of the enforcement of civil rights and social security rights in the field of social security, contributing to building a uniform legal system. set, unified . |
In reality, policy regulations related to disadvantaged people are being regulated in many different documents , developed by each State management ministry and submitted to competent authorities for promulgation or promulgated by itself. According to authority, the situation in which laws and policies are inconsistent and overlapping in the legal system or have different interpretations lead to confusing and inconsistent application in practice. practices, affecting the interests of vulnerable people in understanding and accessing the law to protect their rights |
| 3-year cooperation program with Germany |
first |
“Sharing international experiences in developing and perfecting legal documents on the legal liability of objects related to artificial intelligence” |
The task has been assigned to the Ministry of Justice in Decision No. 127/QD-TTg dated January 26, 2021 of the Prime Minister promulgating the National Strategy on Research, Development and Application of Artificial Intelligence until 2020. 2030 (“ Developing and completing additional legal documents on the liability of objects related to Artificial Intelligence ” ) |
| 2 |
“Sharing international experience in building and perfecting legislation on the platform economy (focusing on issues such as contracts, property and ownership rights, dispute resolution ...)” |
The task has been assigned to the Ministry of Justice in Decision No. 999/QD-TTg dated August 12, 2019 of the Prime Minister approving the Scheme to promote the sharing economic model (“Coordinating with ministries and sectors”) clarifying the nature of sharing economy activities in the civil and/or specialized fields” and “Reviewing and proposing improvement of civil law provisions on transactions, contracts, ownership, property rights and dispute resolution mechanisms related to the sharing economy model”) |
| 3 |
Sharing international experiences in developing and perfecting the law on class action and summary procedures for disputes of small value |
These procedures are important in protecting the interests of consumers. Currently, the Government is developing to submit to the National Assembly a draft Law on Consumer Protection (amended) in which e/ c Phan Chi Hieu is a member of the Drafting Committee and Mr/c Nguyen Chi Lan is a member of the Editorial Team. The Civil Engineering Department shall preside over the appraisal of this draft Law. |
| 4 |
Workshop to contribute ideas on improving legal provisions on transgender people's moral rights and property rights in the Law on Transgender Transformation |
Supporting the development of the Law on Gender Transformation according to the Prime Minister's Decision No. 243/QD-TTg in 2016 |
| 5 |
Experience in German civil law on the institution of representation and some issues raised for the improvement of Vietnamese law (focusing on the representation of minors, persons with incapacity for civil acts) , people with limited behavioral capacity, people with difficulties in cognition and behavior control) |
Support the Ministry of Justice in monitoring law enforcement and perfecting the civil legal system. |
| 6 |
Experience in legal support for foreign small and medium enterprises |
Implement the activities in Section 3.2, Part II of the Plan to develop the Project "Improve the quality and effectiveness of legal support work for enterprises in the period of 2021-2030" (Issued together with Decision No. 1514/QD- BTP on October 8, 2021 |
| 7 |
Organize forums, conferences, trainings and seminars on legal policies on social security rights for disadvantaged workers to find out problems and inadequacies in the legal system, affect the interests of the vulnerable. |
Support disadvantaged subjects |
| twelfth |
INSTITUTE OF KHPL |
JICA project |
first |
Protecting the interests of capital contributors in the capital company |
The counterparty company (including limited liability companies and joint stock companies) is a popular type of company with outstanding advantages in terms of quick and large capital mobilization, flexible capital transfer, and liability regime. limited liability on assets, has many advantages compared to the counterpart company, so it is increasingly attracting the attention of investors. However, besides the advantages, the company also has limitations, because the establishment is only interested in the contributed capital, so the members of the company are often very large, who do not understand the business. can also join the company, which can lead to the division of interest groups in the company, the management of the company is very complicated, requiring a professional management team. On the other hand, a company for capital is a combination of those who have capital and those who have business ability, the capital contributor is not necessarily the person who directly conducts business and manages the company, so it often happens that the manager companies, shareholders, members with large capital taking advantage of their abilities and positions for personal gain, causing harm to the company is possible. Therefore, to ensure the sustainable development of the company. capital contribution companies as well as promoting investors to contribute capital in this type of protection is an urgent issue that needs to be established and protected by law. |
| 2 |
Completing the law on civil liability in the platform economy |
The platform economy is a commercial and increasingly popular trend towards digital platform business models. A platform is an underlying computer system that can host services that allow consumers, entrepreneurs, businesses, and the general public to connect, share resources, or sell products. The term is used by business analysts to describe the competitive nature of digital innovation.
In the legal relationship, the platform economy is characterized by a triangular relationship between the three parties of the digital platform (platform), the supplier of goods and services (supplier) and the consumer (customer) through three contracts. mutual interaction is 'a contract between a supplier-customer, 'a contract between a digital platform and a supplier of goods and services' and 'a contract between a digital platform and a customer. Policymakers in Vietnam to varying degrees have recognized the challenges of the sharing economy model and are working towards developing an appropriate regulatory framework. However, as a whole, we have not yet built a systematic approach to the new legal mechanism that appropriately allocates responsibilities in the triangular relationship between digital platform operators, suppliers and users of goods and services. Therefore, determining and finding a balance point in the responsibilities of the subjects is an important and urgent issue to ensure the sustainable development of the underlying economic models in the coming time. |
| EU JULE project |
first |
Handbook on the rights of free laborers migrating from rural to urban areas in Vietnam |
- Freelance workers migrating from rural to urban areas in Vietnam are a weak and vulnerable group in society. In many cases, they find it difficult to access and enjoy rights (in terms of labor, social security, civil status, education, health...), and are susceptible to rights violations (street labor, etc.), especially under the influence of their influence. Impact of the Covid_19 epidemic.- The handbook is used for freelance workers migrating from rural to urban areas, state agencies, and social organizations.- In line with the goal of raising awareness and understanding people's knowledge of their rights and how to exercise their rights in accordance with Vietnamese law.- In line with the need to promote research and transfer research results on human rights. |
| 2 |
Ensuring social security for children in the context of the Covid pandemic |
Since appearing at the beginning of 2019, the Covid -19 pandemic has made impacts and impacts on the whole world in all fields: economy, society, education, health,... Especially, children Children, who are a vulnerable group, now have to bear the heavy impacts of the pandemic: limited in going to school, recreational activities, and being affected by the pandemic. economic losses, especially many children suffer from the loss of loved ones. According to a quick report by the Ministry of Labor, Invalids and Social Affairs by the end of October 14, 2021, there were more than 2,184 orphans nationwide due to the impact of the Covid-19 pandemic. Therefore, the issue of ensuring social security for children is more urgent than ever. The needs that arise for children during the pandemic are mostly current urgent needs, but also require long-term support needs. Over the past time, the Ministry of Labor, Invalids and Social Affairs has advised the Government to issue many policies to support orphaned children due to Covid-19, children who are children of pregnant women infected with Covid-19... However, the new solutions are short-term in order to respond quickly and promptly to the immediate situation and there is not enough time to cover all issues affecting children. Therefore, in the long term, it is necessary to review and evaluate the system of legal documents to amend, supplement or propose the development of new documents to ensure effective social security for children. |
| 3 |
Experience in resolving legal conflicts on marriage and family in the Civil Codes of some European Union member states |
|
| 3-year cooperation program with Germany |
first |
Accountability in law enforcement - The experience of the Federal Republic of Germany and reference value for Vietnam |
- Accountability is one of the basic elements of governance, a basic requirement of good governance. - Vietnam has formed a system of legal regulations on accountability, but it is not complete and comprehensive.- Objective: To learn from Germany's experience in developing and enforcing the law on accountability. explanation in law enforcement activities of state agencies, thereby drawing some reference values to continue to improve the quality and effectiveness of this activity in Vietnam. cooperation in the field of administrative law, dialogue on the rule of law.- In accordance with the research needs of reforming state governance in Vietnam. |
| 2 |
Experience in digital transformation in the field of construction and legal perfection of the Federal Republic of Germany |
- Find out the current situation of digital transformation in the legal construction and improvement activities of the Federal Republic of Germany; Difficulties and problems encountered and experience in solving those problems in Germany
- Experience in digital transformation in German law-making and improvement activities;
- Experience in technology application in the construction and issuance of legal documents in Germany and applicability in Vietnam. |
| 3 |
Development and enforcement of legislation on the protection of personal data” - Experience of the Federal Republic of Germany and reference value for Vietnam |
1. Necessity: - Within the framework of the European Union, the GDPR General Data Protection Regulation has become a global phenomenon, considered the gold standard for personal data protection. GDPR is a direct regulation, binding on member countries, so each country needs to develop its own Act on Personal Protection and enforce it, to meet the regulations and standards in GDPR . - Germany becomes the first Member State in the EU to publish a law implementing this Regulation. The Federal Data Protection Act with 86 sections was officially published in July 2017 and entered into force on May 25, 2018. Germany also has a long tradition of data protection law as the Protection Act. Hessian data protection in 1970 is recognized as the oldest Data Protection Act worldwide. Vietnam is one of the countries in the world with the fastest degree of international integration. Since the renovation until now, socio-economic activities in our country have continuously developed, accompanied by an explosion of transactions requiring the storage, collection and transmission of information and personal data. core. The needs of agencies, organizations and enterprises for the collection, processing and use of information are increasing day by day, but the management and security of information is not strict.. From experience in law building and enforcement personal data protection of the Federal Republic of Germany, the workshop will bring reference values for the improvement of the institution of personal data protection in Vietnam. 2. Conformity with the project's objectives: Consistent with the goal of strengthening the socialist rule of law, improving the capacity of law-making and implementing agencies |
| 4 |
Class action in consumer protection - German experience and reference value for Vietnam |
In civil relations, if one party causes damage to many individuals or organizations at the same time, a collective dispute will arise. For example, the fire of Rang Dong Thermos Joint Stock Company caused the surrounding residents to have to relocate, affecting the environment and people's interests, or the clean water source provided by Song Da Company to people was contaminated. pollution affects the interests of consumers. In these types of disputes, our country's procedural law does not have an appropriate mechanism to settle them. Even if the affected people want to sue, the form and method of lawsuits have not been specified as to whether or not they can be represented, but completely depends on the people and their consent. the Court's subjectivity to each case. The regulation of class action will create favorable conditions not only for people to sue, not to make many lawsuits or prepare many sets of lawsuit documents with the same object of lawsuit and the same lawsuit contents. , but also provides a strong, collective mechanism that represents the majority and protects the interests of consumers in a practical and effective manner. Thereby, monitoring the activities of enterprises not only ensures profits, complies with the law, but also protects the interests of those who are directly or indirectly affected. Besides, increasing the respectability and strictness of the law. |
| 5 |
Legal issues on nationality for children born from a marriage with a foreign element in Vietnam |
According to the Nationality Law 2008, in the marriage and family relationship with foreign elements, children born will have their parents choose their nationality. If parents choose Vietnamese nationality for their children and register their birth at a competent Vietnamese state agency first, then carry out birth registration procedures at a foreign competent agency and register for foreign nationality. (For example, the Netherlands, Canada... or other countries that support dual citizenship or do not have to give up their original nationality when naturalizing their country), while the Nationality Law 2008 also does not give children the right to obtain citizenship. If the child chooses one nationality again, that child will have more than one nationality.
Recently, an increasing number of countries are accepting for their citizens to acquire two or more citizenships of other countries without having to renounce their first citizenship. According to a report by the Masstricht Center for Citizenship, Migration and Development (MACIMIDE), if in 1960, about 62% of countries had a traditionally negative approach to dual citizenship, i.e. citizenship of one country. A country that voluntarily acquires the nationality of another country will lose the nationality of the country of origin, but by 2020, the approach of countries around the world will shift towards tolerance and acceptance. recognize this phenomenon in 76% of countries. In these countries, citizens do not lose their original nationality if they acquire a second or third nationality, etc. Having more than one nationality of a child raises many related legal issues such as the right to participate in the marriage. political system when coming of age, tax obligations, military service, diplomatic protection.... Currently, in Vietnam, there are no comprehensive studies on this issue related to children with more than one nationality as well as the impact of dual citizenship on the legal system, causing problems. related legislation. The report outlines the number, characteristics and legal status of these children in Vietnam. From there, it shows its impact on Vietnamese law and legal problems arising from this phenomenon. Finally, the report provides some policy and legal suggestions regarding the national treatment of this dual/multi-citizenship status.
|
| Cooperation agreement with the Italian Ministry of Justice |
first |
Experience in developing the legal services market in Italy |
- Find out the current situation of the legal service market in Italy and the EU in the current period, which provides information related to the number of lawyers, law offices (firms); the field of service provision…; Categorize the needs of providing legal services of people and organizations in Italy today... - Learn about the experience of managing the legal service market of Italy and the EU, which focuses on a number of issues such as: the process lawyer training; management relationship between the state, lawyers and professional associations in the course of practice; regulations on professional ethics, lawyer discipline; mechanism to protect customers' interests (from the perspective of protecting consumers' interests)...- Learn from experience in handling the impacts of the industrial revolution (4.0) on the operation of the market and development Italian legal services market. |
| 2 |
Judicial reform trends in Italy in the coming time and the role of the Ministry of Justice in the judicial reform process in Italy |
-Learn about the current state of judicial reform in Italy and the future direction of judicial reform in Italy.
- The relationship between the Ministry of Justice and agencies performing judicial functions in Italy (courts, prosecutors).
- The role of the Ministry of Justice in the judicial reform process in Italy |
| Cooperation agreement with Australia |
Australia's experience on legal reform in the context of the industrial revolution 4.0 |
-Understanding the current status of the legal system in Australia in the context of the industrial revolution 4.0
- Inadequacies of the current legal system in Australia in the context of the industrial revolution 4.0
- Orientation to improve the current legal system operating in Australia in the context of the industrial revolution 4.0 |
| twelfth |
|
Cooperation agreement with Singapore |
Australia's experience of legal reform in the context of the industrial revolution 4.1 |
-Understanding the current status of the legal system in Songapore in the context of the industrial revolution 4.0
- The inadequacies of the current legal system in Singapore in the context of the industrial revolution 4.0
- Orientation to improve the current legal system operating in Singapore in the context of the industrial revolution 4.0 |
| 13 |
CITY ADDITIONAL DEPARTMENT |
EU JULE project (Lawyer sector) |
first |
Funding support to organize 03 training courses in 03 regions to improve practice skills for lawyers providing legal support for juveniles related to the law and women who are victims of gender-based violence |
Consistent with the goal of strengthening the socialist rule of law through a more accessible and reliable judicial system |
| 2 |
Develop a report summarizing 10 years of implementation of the Law on Lawyers and orientations for the development of a new Law on Lawyers |
Consistent with the goal of strengthening the socialist rule of law through a more accessible and reliable judicial system |
| 3 |
02 Workshops in 02 regions to collect opinions on the Report on the direction of amending and supplementing the Law on Lawyers and guiding documents (150 delegates/workshop) |
Completing the legal institution on lawyers, in line with the goal of strengthening the socialist rule of law through a more accessible and reliable judicial system |
| 4 |
Collecting information and referencing foreign experiences for research and development of the new Law on Lawyers and guiding documents |
Consistent with the goal of strengthening the socialist rule of law through a more accessible and reliable judicial system |
| 5 |
02 Workshops in 02 regions to collect opinions on the draft report summarizing 10 years of implementation of the Law on Lawyers (150 delegates/workshop) |
Consistent with the goal of strengthening the socialist rule of law through a more accessible and reliable judicial system |
| EU JULE project (Legal consulting field) |
Organized 03 training courses on legal knowledge and skills for disadvantaged groups (women, the poor, people living with HIV/AIDS…) (about 30 - 50 students/class). |
In line with the project's goal of improving the qualifications of legal counsel, enhancing the quality of legal advice, thereby contributing to enhancing the access to justice for citizens, especially the weak subject |
| 3-year cooperation program with Germany (Law field) |
first |
Organized 02 training courses on knowledge and practice skills for the team of integrated lawyers to comply with international commitments |
Currently, Vietnam's international integration is getting deeper and wider, while the team of lawyers specializing in international integration is still lacking and weak in practice skills. Therefore, it is very necessary to strengthen the knowledge update and fostering of specialized law practice skills in the field of international trade for the team of lawyers, especially young lawyers. |
| 2 |
Research and develop policy orientations for the development of the legal profession after 2020 |
The strategy for development of the legal profession to 2020 has ended, and it is necessary to study the policy directions for the development of the legal profession in the period after 2020 to identify the key things to develop the team of Vietnamese lawyers. In the new era, in order to develop the number and improve the quality of the team of lawyers, to serve the country's judicial reform and international integration, to perform assigned political tasks. |
| 3 |
Organized 02 seminars in 02 regions to collect opinions on policy orientations for the development of the legal profession after 2020 |
The organization of the seminar is necessary to get ideas to perfect the development orientation of the legal profession after 2020, to ensure the correct and successful orientation, and to bring the development of the legal profession to a new level. |
| 4 |
Support to connect to send a number of Vietnamese lawyers to train, retrain, practice or work short-term at law-practicing organizations, international legal and judicial organizations based in Germany or German law training institutions |
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| 5 |
Support the organization of a delegation of the Ministry of Justice of Vietnam to visit and work to exchange experiences on the system of management of judicial assistance activities (lawyer, legal consultant, notary, conciliation, arbitration, arbitration). expertise, judicial expertise…), especially in the field of administrative procedure reform in the field of judicial assistance, out-of-court dispute settlement |
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| 3-year cooperation program with Germany (Notarization field) |
first |
(1) Supporting the proposal to develop the Law on Notary (amended) |
The amendment of the Law on Notarization has been included in the tentative program of law and ordinance development for the 15th National Assembly term |
| 2 |
(2) Cooperate in developing the Project on digital transformation of notarization activities |
Digital transformation of notarization activities is one of the major orientations of the amendment of the Law on Notary, and at the same time is in line with the guidelines and policies of the Party and State and digital transformation in socio-economic fields. |
| 14 |
VIETNAM LAW ASSOCIATION |
EU JULE project |
first |
Organize training for source lecturers to improve the capacity of legal counsel and legal aid of the Bar Association (using documents as output results of activity 2.2.2.7 in 2021) ) |
- This activity is a follow-up activity and can use documents as output products of activity 2.2.2.7 to improve the capacity of legal counsel and legal aid staff of the Bar Association.After When this activity is carried out, the core team of legal consultants of the Legal Counseling Center are trained in knowledge and skills, especially in legal support skills for disadvantaged groups. |
| 2 |
Organize training to improve management skills and organizational development of Legal Counseling Centers of Vietnam Bar Association (using documents as outputs of activities 2.2.2.8 in 2021) |
- This activity is a follow-up activity and can use documents as output products of activity 2.2.2.8 to improve the capacity of management and organizational development for the leadership team of the Legal Consulting Center. Law, Bar Association.
After this activity is carried out, the leadership team of the Legal Counseling Center is well aware of the importance and significance of organizational development and management skills, mastering the skills of analysis and strategy building. operation strategy of the Center, building and implementing the Center's activities as well as establishing and operating the Center's basic human resource management systems. From there, it is possible to renew the operation of the Legal Advisory Center to suit the current development situation. |