THE SITUATION OF JUSTICE WORK IN 2020, TERM 2016-2020
- WORKING OF MANAGEMENT AND MANAGEMENT
- Result
In 2020, the direction and administration of the Ministry and the Justice sector is carried out in accordance with the Government's motto
"Discipline, integrity, action, responsibility, creativity and efficiency" , closely following the objectives. socio-economic development targets of the Party, National Assembly, Government and each locality; direction of Standing Deputy Prime Minister Truong Hoa Binh at the National Conference on implementing judicial work in 2020; timely response to the Covid-19 pandemic, notably:
- Programs, plans and working directives are promptly promulgated by the Ministry, the Justice branch to concretize the tasks of implementing the resolutions and directives of the Party, the National Assembly, the Government or the Government. Unscheduled and additional tasks were assigned, and at the same time proposed many solutions to direct the organization to carry out tasks, such as: Action Program of the Judiciary branch to implement Resolution No. 01/NQ-CP, Resolution No. 01/NQ-CP, Resolution No. No. 02/NQ-CP in 2020 of the Government; The Ministry of Justice's key work program in the field of civil and administrative judgment enforcement; The plan to perform the task of reviewing legal documents according to Decision No. 209/QD-TTg dated February 7, 2020 of the Prime Minister promulgating the plan to review legal documents in the field of state management of ministries and ministerial-level agencies; guiding documents, programs and action plans to implement conclusions, resolutions and directives of the Party, Government and Prime Minister on response to the Covid-19 pandemic, socio-economic development In the new normal conditions... Ministries, branches, localities, legal organizations, judicial agencies at all levels have promptly advised and promulgated programs, work plans, and documents indicating guidance to concretize and improve the efficiency of judicial and legal tasks.
- The Ministry and the Justice branch have focused on directing the completion of the task of summarizing, participating in summarizing the implementation of many important resolutions and directives of the Politburo and the Secretariat in law-making work. judicial reform, law dissemination and education, lawyer work and international cooperation on law. Thereby, advised and proposed the Politburo and the Secretariat to issue important conclusions, with many breakthroughs and feasible solutions and tasks to improve the efficiency of the fields of work. this in the near future.
- Due to the impact of the Covid-19 epidemic, the Ministry of Justice promptly directed the review and adjustment of work programs/plans to suit new conditions, including limiting the organization of conferences. , seminars, talks, training and inspection teams; strengthen meetings, direct online, closely follow the epidemic situation, the guidelines of the Government, the Prime Minister, the National Steering Committee on Covid-19 prevention and control to direct and guide the work; focus on promoting institutional building, strengthening professional guidance, solving difficulties and problems of localities, people and businesses. The Ministry of Justice has also directed to urgently review and coordinate with the Ministry of Finance to adjust and propose to reduce a number of fees in the fields of judicial work (notarization, registration of secured transactions, etc.). .).
- Along with directing the implementation of tasks according to programs and plans, the whole branch focused on directing the implementation of additional assigned tasks; regularly review, monitor and urge the performance of tasks. Particularly at the Ministry of Justice, in 2020, assigned by the Government and the Prime Minister to perform
141 tasks,
110 tasks have been completed , and
31 tasks are continuing to be performed , with no overdue tasks.
- The coordination between the Ministry of Justice and ministries, branches and localities, and between the Departments of Justice, the Civil Justice Department and other departments and branches continues to be focused and strengthened, thereby promptly removing "bottlenecks". problems, difficulties and speeding up the implementation of assigned tasks. The exchange, direction and professional guidance between the Ministry of Justice and other ministries, branches and localities is carried out smoothly and coherently in directing and administering judicial and legal work at all levels. In 2020, the Ministry received and responded to
626 recommendations and requests for professional guidance from ministries, branches and localities (of which, 140 recommendations were sent through 6-month preliminary reports; 193 recommendations sent through summary reports); receive and respond to
46 complaints and suggestions from people and businesses sent through the National Public Service Portal. Reflections and recommendations have been answered and absorbed by the units under the Ministry in the process of institutional building and advising on state management in each specific field.
- Existence, limitation
The direction and administration of the Sector is sometimes still not really drastic and timely, especially to remove practical problems. The content of instructions and responses to a number of recommendations on judicial work is still slow and not specific. There is still the situation of organizing activities and events that are concentrated in some localities or at the same time, especially in the last months of the year.
- WORKING IN SPECIFIC AREAS
- Construction, appraisal, examination, review, systematization of legal documents and the legal system of the legal system
- Result
a) Construction of legal documents
In 2020, the Ministry of Justice advised the Government to submit to the National Assembly for approval the Law amending and supplementing a number of articles of the Law on Promulgation of Legal Documents in order to continue to improve the process of developing legal documents; assume the prime responsibility for, and coordinate with the Government Office in, advising the Government to organize a national conference on law formulation and improvement and law enforcement. Immediately after the Conference, the Prime Minister advised the Prime Minister to issue Directive No. 43/CT-TTg dated December 11, 2020 on improving the quality of construction work, perfecting the legal system and enhancing the effectiveness of the law. law enforcement results.
With the determination to build a Government of integrity, action, creating development, serving the people and businesses, the Government and the Prime Minister have directed the ministries, branches and localities to clearly define the construction work. , perfecting the law is a top priority task, and at the same time, applying many drastic and effective solutions. The entire Judiciary branch has concentrated resources to advise the Party, National Assembly and the Government to continue institutionalizing the Party's guidelines and policies in Resolution No. 48-NQ/TW, Resolution No. 49-NQ/TW , Resolutions of the 12th Congress and resolutions for the 2016-2020 term of the Party; requesting the implementation of the 2013 Constitution... The Ministry of Justice has coordinated with ministries and branches to advise and assist the Government in formulating and submitting to the National Assembly Standing Committee
05 proposals on the law-making program, Ordinances (the years 2017, 2018, 2019, 2020 and 2021), which clearly show the priority order for a number of key areas that are key to focusing resources for implementation; at the same time, actively and effectively coordinate with ministries and ministerial-level agencies in drafting and submitting law and ordinance projects. In general, the quality of basic laws, ordinances and resolutions are guaranteed and passed with a high rate (most laws are passed with a rate of over 90%).
In 2020, the Ministry of Justice and legal organizations of ministries and branches have advised competent agencies to submit
17 laws to the National Assembly for approval and for comments on many other law projects, bringing the total number of documents approved to the National Assembly for approval. submitted to the National Assembly, the Standing Committee of the National Assembly for approval in this term is
112 documents, down 08 documents compared to the period 2011 - 2015; Particularly, the Ministry of Justice helped the Government submit
08 laws to the National Assembly for approval during this period. In 2020, ministries and branches shall submit to the Government and the Prime Minister for promulgation or promulgate according to their competence
882 legal documents out of
5,244 documents of the whole term. In the localities, in 2020,
3,186 provincial legal documents have been issued, including the term
20,923 documents
(up 51.7% compared to the previous term); promulgated
991 district-level legal documents out of
13,990 documents of the whole term
(down 54.5% compared to the previous term) ; There are
3,078 commune-level legal documents issued in 2020 out of a total of
72,253 documents from 2016-2020
(down 63% compared to the previous term).
The number of legal documents at the central and provincial levels during this term increased significantly compared to the 2011-2015 term, while the number of legal documents issued at the district and commune levels decreased sharply, consistent with the objectives of the Law on Committees. implementation of legal documents in 2015 and in line with the policy of local authorities at all levels to focus on implementing and organizing law enforcement.
Besides, with the drastic and frequent direction and urging of the Government, the Prime Minister, the Ministry of Justice, the Prime Minister's Working Group and the efforts of the ministries and branches, the construction of , promulgating and submitting for promulgation documents detailing and guiding the implementation of laws and ordinances achieved remarkable results. In 2020, the Government, Prime Minister, ministries and ministerial-level agencies have issued
76 documents detailing and guiding the implementation of laws and ordinances (51 decrees, 01 joint circular and 24 circulars). The number of issued debt documents has decreased sharply compared to the previous period, especially in 2017 there was no debt to the detailed regulations under the issuing authority of the Government and the Prime Minister.
b) Appraisal, examination and review of legal documents and the legal system of the legal system
- As a key task of the whole Industry, the appraisal of legal documents continues to be focused on improving quality and ensuring progress. In particular, the Ministry of Justice has actively researched and provided timely and quality advice to promptly comment and appraise policies and regulations to respond to the Covid-19 pandemic. In 2020, the Ministry of Justice has appraised
28 proposals, the Departments of Justice appraised
294 proposals to develop legal documents; The whole Sector has appraised
5,970 draft legal documents (of which the Ministry of Justice has appraised
258 drafts; Legal organizations of ministries and ministerial-level agencies appraised
567 drafts; Departments of Justice appraised
4,162 drafts and
983). draft appraised by the Justice Departments).
Including the term, the whole Industry has appraised over
42,000 documents.
Appraisal reports of the Ministry and the Justice sector are increasingly high quality and clearly show their views on the conditions for submitting projects and draft legal documents, which are highly appreciated by relevant agencies and individuals, and contribute practically. improve text quality.
- The inspection of legal documents continued to be implemented effectively. The handling of illegal documents is promoted through monitoring, urging handling and proposing handling in a timely manner to prevent and limit negative impacts on society, especially social problems. legislation related to the legitimate rights and interests of people, organizations and businesses. Many ministries, branches and localities have paid more attention to self-inspection and inspection according to their competence, actively examining documents according to fields, regions and information sources
.
In 2020, the whole Industry inspected
13,154 legal documents according to their authority
(down 1.8% compared to 2019) ; Through inspection, initially detected
239 documents with signs of contrary to the content and authority
(accounting for 1.81% of the total number of documents examined) . Particularly at the Ministry of Justice, in 2020
2,970 documents were examined , discovered, examined conclusions, and proposed to be handled for 68 documents (06 documents of ministerial level, 62 documents of localities); Up to now,
41/68 documents have been handled by the issuing agency.
Including the period 2016-2020, the Ministry of Justice and the legal organizations of the ministries and branches have inspected according to their competence more than
43,300 documents.
- In 2020, the review and systematization of legal documents achieved many impressive results. The Prime Minister's working group on document review organized a review of
10 topics and fields directly related to investment, production and business activities, with nearly
8,800 documents; through which, the recommendations to amend, supplement, replace, annul or issue new documents were reported to the National Assembly by the Government at the 10th session and received high appreciation from the delegates. The Ministry of Justice also promptly reports to the Prime Minister and sends it to ministries, ministerial-level agencies, People's Committees of provinces and centrally-run cities for reference on the review results of legal regulations that obstruct and obstruct problems and difficulties for production and business to promptly respond to and minimize the impact of the Covid-19 epidemic on the economy. According to statistics, in 2020, the whole Industry has focused on reviewing
32,918 legal documents, proposing to handle (amendment, supplement, replacement, annulment or new issuance) for
4,817 documents; Many ministries, branches and localities have reviewed a large number of documents.
During the whole term, the review and systematization of legal documents has been regularly carried out by the Ministry and the Justice sector, organizing the review in many topics and fields (investment, business, planning, construction, etc.) land, healthcare...); and at the same time, annually announce the list of legal legal documents that have expired or ceased to be effective; implement and complete the announcement of results of systematization of legal documents in the 2014-2018 period, uniformly throughout the country. Thereby, making an important contribution to the construction, improvement, publicity and transparency of the legal system.
- The Ministry of Justice has closely coordinated, guided and supported ministries and branches to ensure the quality and efficiency of legal normative legal documents in accordance with the roadmap and plan, and update new legal documents into the Ministry. Dharma Dictionary with the spirit of striving to finish building the Law Dictionary earlier than planned. Up to now, the legal canon has been completed with
185 titles out of a total of 271 titles belonging to 45 topics of the Law Code; at the same time, actively organize many conferences to propagate, disseminate, and guide the use of legal results approved by the Government to help individuals, organizations, enterprises and state agencies conveniently search, look up, accurately manage legal QPs that are still valid.
1.2. Difficulties, limitations
- The quality of some legal provisions is not high; The predictability, feasibility and stability of the legal system have not really met the requirements of reality. The research and policy proposals for a number of law projects developed by ministries and branches have not been thoroughly surveyed and evaluated. There is still the status of projects and draft documents after they have been included in the program, but they have to ask for a delay or an adjustment. Indebtedness, slow documents detailing and guiding the implementation of laws and ordinances in the ministries has lasted for many years but not resolved effectively and tend to rise again in recent years
( at the end of 2018 owed 04 documents, at the end of 2019 owed 10 documents, at the end of 2020 owed 15 documents) .
- There are still quite a few documents with illegal provisions that have been discovered and concluded but are slow to be handled. The consideration and handling of responsibility for agencies and individuals related to the promulgation of illegal documents has generally not been satisfactorily implemented, only at the level of experience and criticism. ensure strict discipline and discipline in the construction and issuance of legal documents. The efficiency of exploitation and use of the Legal Dictionary is not high.
- Law dissemination and education; grassroots mediation; press, publishing
- Result
a) Law dissemination and education; grassroots mediation
- In 2020 and the whole period of 2016-2020, ministries, branches and localities have paid attention to well implementing the Law on Legal Dissemination and Education (PBGDPL), the Law on Legal Education for the period 2017-2021 and the Plans and Schemes. Other PBGDPL; focus on developing programs and plans for law propaganda, dissemination and training, capacity building for the contingent of law rapporteurs and law propagandists; allocate resources for the implementation of the Program and the schemes and plans to ensure focus and focus. In particular, activities in response to the annual Law Day are effectively organized by ministries, branches and localities, creating a spread of law enforcement among officials and people. In the years 2019-2020, the whole Sector has actively organized a review of 15 years of implementation of Directive No. 32-CT/TW dated December 9, 2003 of the Secretariat on strengthening the leadership of the Party in the work of law enforcement. raising awareness of law observance of officials and people; coordinate in advising the Secretariat to issue Conclusion No. 80/KL-TW dated June 20, 2020 on continuing to implement Directive No. 32/CT-TW; advising the Prime Minister on promulgation and actively implementing the Decision No. 1521/QD-TTg dated October 6, 2020 promulgating the Implementation Plan of Conclusion No. 80-KL/TW.
In the context of the prevention and control of the Covid-19 epidemic, although the number of legal propaganda and dissemination activities decreased, the number of free legal documents distributed to the people increased sharply, specifically: Ministries, branches and localities have organized organized
851,610 direct legal propaganda
sessions (down 13.3% compared to 2019) ; distributed nearly
75 million copies of propaganda materials, PBGDPL for free
(an increase of about 44% compared to 2019) .
From 2016-2020, the whole country has organized over
5.3 million direct legal propaganda sessions; distributed more than
297 million copies of propaganda materials, PBGDPL for free.
In parallel with the traditional forms of legal regulation, new and effective models, especially the application of information technology, continue to be promoted and promoted effectively even in the time of social distancing to prevent , against the Covid-19 epidemic, such as: organizing an online legal exam; organize the implementation and dissemination of new legal documents in online form
(Ministry of Information and Communications, Ministry of National Defense, State Bank of Vietnam, Ho Chi Minh City, Kien Giang, Long An) ; implement PBGDPL through facebook, fanpage, youtube, zalo
(Ministry of Justice, Ministry of Health, Hanoi, Ho Chi Minh City, Binh Duong, Bac Lieu, Bac Giang, Dong Thap, Gia Lai, Quang Binh, Quang Tri, Soc Trang, Tuyen (Quang...) ; organizes law research contests associated with specific fields and groups of subjects, especially, the Ministry of Justice has coordinated with the Ministry of Education and Training, The Ministry of Labor, War Invalids and Social Affairs, the Central Committee of the Ho Chi Minh Communist Youth Union and the Egroup Education Group completed the organization of an online contest to learn legal knowledge "School law"; organized an online contest. online "Law for everyone"
(more than 900,000 participants so far); coordinated with the Ministry of Information and Communications to organize the Seminar "Digital transformation in law dissemination and education" to exchange discuss solutions to continue promoting the application of IT in the work of law enforcement in the coming time.Perform the task of building the provincial-level Public Law Portal/Website under the scope of the Project "Strengthening the application of information technology. in the work of PBGDPL in the period of 2019-2021", a number of localities have completed the construction of the website of PBGDPL (
Yen Bai, Lai Chau, Khanh Hoa, Thua Thien Hue. ).
In addition, implementing the task of building communes to meet the standards of legal access, the Departments of Justice have advised to include this content and task in the documents and work plans of the law on law enforcement in 2020. Many localities have promulgate documents and separate plans for the implementation of the national target program on building new rural areas and building communes up to standards of legal access. The whole country has
88.18% of commune-level units meeting the standard of legal access. Some localities have 100% of commune-level units meeting the legal access standards such as: Ba Ria - Vung Tau, Da Nang, Ha Nam.
- Conciliation work at the grassroots has been focused by the Ministry and the Justice sector in recent years. Thereby, making a positive contribution to building solidarity, strengthening village relations in the community, minimizing disputes, complaints and denunciations, ensuring security, order and social safety. In 2020, the Ministry of Justice worked closely with the Central Committee for Mass Mobilization, the Vietnam Fatherland Front, and the Supreme People's Court to successfully organize a nationwide online conference on civil mobilization in reconciliation activities. , showing the cohesion and integration of reconciliation work with skillful people; local authorities continue to promote implementation of the implementation project "Capacity building for the staff of the mediator in the basis period 2019 - 2022". During the year, the whole country received
131,003 conciliation cases
(an increase of 8.3% compared to 2019) , the average conciliation rate reached
80.73 %; Some localities have a very high rate of successful reconciliation (such as An Giang - 93%, Vinh Long - 93%, Hau Giang - 92.55%, Ben Tre - 91.75%, Da Nang - 91%).
Including the 2016-2020 term, the whole country has received and resolved a total of
707,356 conciliation cases, of which about 80% of cases have been successfully conciliated.
b) Press work, publishing
Communication about activities of ministries and branches has seen many innovations, especially in the fields of legal aid, judicial administration, and law-making. The press and publication work closely followed the political tasks of the ministries and branches; focus on innovation in content and form and improve the quality of publications, news and articles; promptly inform and reflect on the results and performance of tasks, especially key tasks of ministries and branches; at the same time, contribute to the propagation and dissemination of the law; actively participate in social activities.
Vietnam Law Newspaper maintains
11 types of publications with diverse contents and forms such as organizing online exchanges on the electronic Vietnam Law Newspaper, conducting legal television channels... the method has been constantly innovating, improving operational efficiency, ensuring that there are no errors in the content and form of publications; With an autonomous mechanism, Judicial Publishing House has now emerged as a leading unit among political and theoretical publishers; in 2020,
139 publications have been published, with
408,840 printed copies, including 79 self-printed publications and 60 associated publications; provide timely, sufficient quantity and quality assurance of civil status papers and civil status books at the request of local judicial authorities. The Journal of Democracy and Law is the industry leader in scientific information on law and justice, providing an overview, overview and depth of many issues of law theory and law enforcement practice. , the industry's practice during the past time; Every year, the Journal edits, publishes and publishes 12 periodical issues, 12 monthly special issues and specialized special issues (200 pages) in the fields of state management of the Judiciary sector.
2.2. Difficulties, limitations
- The method and content of the law enforcement, the use of financial resources and the mobilization of social resources to serve the work of law enforcement have not achieved high results. Some localities have not actively studied measures and ways of reforming the work of law enforcement; The implementation of the Project "Strengthening the application of information technology in the work of law enforcement in the period 2019-2021" in some ministries, branches and localities is still slow.
- The capacity and qualifications of the contingent of legal mediators in some localities are still low; Some places have low rate of successful reconciliation compared to the national average
(Ninh Thuan - 62%; Dak Nong - 63.8%; Binh Phuoc - 64.4%o; Nghe An - 69.7%); Hai Phong - 70%o).
- Publishing some products in foreign languages is still difficult; The issuance is still unsustainable, especially in the southern market.
- Civil judgment enforcement, administrative judgment execution monitoring
- Result
In 2020 and this term, the work of civil judgment enforcement (THADS), monitoring of administrative judgment execution (THAHC) continues to receive the attention and direction of the Party and State leaders and coordination. closely by the ministries, branches and committees and authorities at all levels, thereby creating stability and sustainable development in all activities. The regulations on the order and procedures for judgment enforcement have been completed according to the requirements of administrative reform and judicial reform. Organizational apparatus, contingent of civil servants The Civil Defense system has been consolidated, consolidated, and operated more effectively, efficiently, and professionally; The position of civil justice agencies in the political system and state apparatus has been raised. Cooperation, especially inter-sectoral coordination in civil law enforcement is focused and effectively promoted. Facilities serving civil law enforcement activities have been paid attention and significantly enhanced; headquarters, working conditions and equipment are upgraded and better guaranteed for the performance of functions and tasks.
In order to further improve the effectiveness and efficiency of state management and create a dramatic change in civil justice work, to meet the requirements of tasks in the new situation, the Ministry of Justice has advised and submitted to the Prime Minister for approval. issued Directive No. 05/CT-TTg dated February 6, 2017 on strengthening civil law enforcement work; Directive No. 26/CT-TTg dated November 15, 2019 on strengthening the observance of the law on administrative procedures and administrative procedures. In the past 5 years, the nationwide civil judgment enforcement system has focused on solving key judgment enforcement cases and cases related to the recovery of money and assets for the state budget in economic and corruption cases. corruption, debts of credit institutions (such as Vinalines case, Nguyen Duc Kien case, Huynh Thi Huyen Nhu case, Pham Cong Danh case...). Many measures to solve the backlog of judgment enforcement have been applied and implemented by the Ministry of Justice and localities.
In 2020
(from October 1, 2019 to September 30 ,
2020) , despite difficult conditions due to the impact of the Covid-19 pandemic, the results of civil law enforcement work are remarkable. can be as follows:
+ Regarding: The number of
jobs to be executed is 885,833, of which the number of jobs with execution conditions is 708,674; completed is
576,933 jobs, down 2,323 jobs (down 0.40%) over the same period in 2019; achieved the rate of
81.41% (up 2.82%) over the same period in 2019, exceeding the assigned target by 1.41%.
+ About money: The
amount to be executed is 264,707 billion 535 million 241 thousand VND, of which the amount with conditions for enforcement is 132,905 billion 418 million 884 thousand VND; completed is
53,750 billion 695 million 824 thousand VND, an increase of 1,035 billion 043 million VND 763 thousand (up 1.96%) over the same period in 2019; achieved the rate of
40.09% (up 4.66%) over the same period in 2019, exceeding the assigned target by 2.09%. Nationwide, there are 47 localities
[1] completed both assigned targets in terms of work and money.
The highlight in 2020 is that civil law enforcement agencies have completed over
15 trillion VND in economic and corruption cases; including over
14 trillion dong from cases under the supervision of the Central Steering Committee for Anti-Corruption.
In the 2016-2020 term, basically, the civil law enforcement result next year is higher than the previous year, achieving and exceeding the targets and tasks assigned by the National Assembly. Civil enforcement agencies have completed over
2.8 million jobs
(an increase of 20.33% compared to the previous term) , and collected an amount of more than
205 trillion VND
(up 56% compared to the previous term) .
- The monitoring of administrative judgment execution has seen many positive changes in 2020 and the 2016-2020 period. The Ministry of Justice has closely coordinated with the Judiciary Committee of the National Assembly in supervising the observance of the law on administrative procedures in the settlement of administrative cases, the execution of administrative judgments and decisions for administrative decisions and administrative acts of the People's Committee and the Chairman of the People's Committee. At the same time, the Ministry of Justice has also coordinated with the Supreme People's Court, the Supreme People's Procuracy, the Ministry of Natural Resources and Environment, the Government Inspectorate and the People's Committees of the provinces and cities directly under the Central Government to conduct the investigation. conduct interdisciplinary tests, work online on compliance with administrative procedures and administrative procedures in localities.
Particularly in 2020, the total number of jobs that state administrative agencies have to perform is 830 jobs
(the previous period changed to 339 jobs; 491 jobs occurred in the previous period) , an increase of 3 times compared to the first year of the term (274 jobs). Results: Civil judgment enforcement agencies have issued 572 written notices of voluntary judgment execution; publicly post 201 decisions on enforcement of judgments; organizing work with judgment debtors 318 things; there are 103 documents recommending handling of liability for the case of breach of judgment enforcement obligation. State administrative agencies, competent people in state administrative agencies have focused on completing 363/830 jobs
(reaching 43.73%) .
3.2. Difficulties, limitations
- The number of civil lawsuits continues to increase, which is a big challenge in completing targets and tasks. Results of asset recovery in corruption and economic cases; debt recovery of credit institutions is still low compared to requirements; the number of jobs transferred to the next period decreased, but increased in money compared to 2019. There were 06 provinces that did not fulfill the assigned targets in 2020
(Bac Lieu, Binh Phuoc, Da Nang, Dak Nong, Hau Giang, Lam Dong) .
- There continue to be many cases of high-priced auctions, but the assets have not been delivered to the auction winners, so the case of judgment enforcement has not been completely handled
(in 2020, there are 614 cases of auction with the amount of over 2 trillion VND but the property has not been delivered to the auction winner) . This continues to be a potential problem with many potential risks, complex and lengthy lawsuits.
- There are still errors and violations of judgment enforcement officers and civil servants in carrying out the order and procedures for judgment enforcement, such as making incorrect judgment enforcement decisions that must be withdrawn or annulled; violations in the process of handling assets and exhibits; collect, manage and handle money and assets for judgment enforcement; coercion, distraint, valuation and auction of assets. The whole system of civil judgment enforcement has 24 cases of being disciplined for violating regulations on professional judgment enforcement.
- The rate of administrative judgment enforcement is low (only 43.73%). Through monitoring, the whole country still has
467 cases of administrative judgment enforcement that have not been completed (increasing 128 cases compared to 2019), of which the most are cases related to land.
- Civil status, nationality, authentication, adoption, judicial record, secured transaction registration, state compensation
- Result
a) Civil status, nationality and authentication work
Institutions for civil status, nationality and authentication work continued to be focused on perfecting by the Ministry of Justice in the last term. In particular, in 2020, the Ministry of Justice has developed and submitted to the Government for promulgation Decree No. 16/2020/ND-CP dated March 2, 2020 of the Government detailing a number of articles and implementation measures. Law on Nationality, Decree No. 87/2020/ND-CP dated July 28, 2020 stipulating the electronic civil status database, online civil status registration; The Minister of Justice promulgates under his authority 03 Circulars in these fields. The implementation of state management tasks and the provision of public services in the fields of civil status, citizenship and authentication has achieved many impressive results, promptly responding to requests and creating maximum convenience for the people. , enterprise.
- Civil status work: Always identified as a key task every year, the whole Industry continues to focus on implementing the Civil Status Law, Vietnam's National Action Program on civil status registration and statistics in the 2017 period. -2024. Implementing the project "National electronic civil status database", up to now 63/63 provinces and cities directly under the Central Government have put into use the shared civil status registration and management system of The Ministry of Justice, in which there are more than 40 localities, have connected this Software with the electronic one-stop information system of the province/city to carry out administrative procedures (birth registration - issuance of card) health insurance for children under 6 years old). The system has recorded more than 18,400 civil status civil servants at all levels participating in daily operations; Electronic civil status database has gradually been formed and synchronized in localities with more than 12.3 million birth registration records; 2.8 million marriage registration documents; 1.9 million death registration dossiers; about 4 million records of other civil status events.
In 2020, civil status registrars nationwide made new birth registrations for
1,983,820 cases
(down 3.8% compared to 2019) , and re-registered births for
1,097,744 cases.
(up more than 17%) and
5,244 births with foreign elements
(down 20.5%) ; death declaration for a total of
586,185 cases
(up 2.1%) ; marriage registration for a total of
630,498 couples
(down 15.7%) , of which there were 599,708 new registration cases, 7,498 cases with foreign elements
(a decrease of nearly 67%) and 23,292 cases of re-registration.
In the period 2016-2020, civil status registration offices nationwide have carried out birth registration (including new registration and re-registration) for a total of
15,126,683 cases
(an increase of 46.27% compared to that of 2016-2020). for the period 2011-2015) , in which there were
10,170,885 new birth registration cases; registered
2,855,532 cases of death
(an increase of more than 26.7% compared to the period 2011-2015) and performed marriage registration for
3,666,797 couples
(a decrease of 5.8% compared to the period 2011-2015) .
-
Nationality affairs: In 2020, the Ministry of Justice advised and submitted to the President for
processing 4,747 applications for renunciation, importation, and reinstatement of Vietnamese nationality (including 4,727 applications for renunciation, 12 dossiers of application for citizenship. , 08 applications for restoration of Vietnamese nationality), a decrease of 31.11% compared to 2019; answered to look up Vietnamese nationality of
1,093 cases at the request of agencies.
For the whole 2016-2020 term, the Ministry of Justice has advised and resolved a total of
27,607 applications for resignation, importation and
restoration of Vietnamese nationality. In addition, during this term, the Ministry of Justice has closely coordinated with the Ministry of Public Security and relevant localities to strictly implement the "Agreement between the Government of the Socialist Republic of Vietnam and the Government of Vietnam". Government of the Lao People's Democratic Republic on solving the problem of free migration and unmarried marriage in the border areas of the two countries", Sub-Project "Solving issues of nationality, civil status, household registration". passports and other identification documents for free migrants from Cambodia to return home”. Up to now, 1,470 cases have been granted certificates of Vietnamese nationality; 4,680 children were registered with birth to identify Vietnamese nationality and 1,941 cases were granted permanent residence cards.
-
Authentication: In 2020, the whole Industry authenticated over
95.4 million copies
(down 6.8% compared to 2019), including the period 2016-2020, nearly
490 million copies; performed more than
8 million authentications of contracts, transactions, signatures and other agreement documents
(decreased by 5.13% compared to 2019) out of a total of over
38.6 million attestations of the whole term , thereby promptly responding to requests for people and businesses to exercise their legal rights.
b) Adoption work:
In 2020, localities have focused on the state management of domestic adoption, especially the inspection and monitoring of the development of adopted children; The Ministry of Justice has also promptly coordinated with ministries, branches and localities to report to the Prime Minister on handling international adoptions in the context of travel and entry restrictions due to the Covid-19 pandemic. During the last term, the Ministry of Justice has proactively and effectively implemented the functions and tasks of the Central Agency for International Adoption of Vietnam under the 1993 Hague Convention on Child Protection and cooperation in the field of child adoption. the field of intercountry adoption (The Hague Convention 1993); regularly hold dialogues with international adoption organizations in Vietnam to listen and promptly handle problems in reality. Adoption is done in accordance with the law, ensuring the rights and interests of children introduced for adoption.
According to statistics, in 2020,
2,650 cases of domestic adoption have been resolved nationwide
(an increase of 286 cases compared to 2019) ;
214 cases of adoption have foreign elements
(decreased by 136 cases compared to 2019) .
For the period 2016-2020, the whole country has settled
14,078 cases of domestic adoption
(increasing 409 cases compared to the period 2011-2015) and
2,093 cases of adoption involving foreign elements
(a decrease of 167 cases compared to the 2011-2015 period) .
c) Judicial record work:
In 2020, the Ministry of Justice, the Supreme People's Court, the Supreme People's Procuracy, the Ministry of Public Security, the Ministry of National Defense, the People's Committees of the provinces/cities directly under the Central Government conducted a review of 10 years of implementing the Law. Judicial record (LLTP) to serve as a basis for perfecting the law on LLTP in the coming time; coordinate with the Ministry of Labor - Invalids and
The society researches and develops to submit to the Prime Minister the process of connecting in the issuance of LLTP vouchers and work permits to foreigners. During the last term, the Ministry of Justice and localities have strengthened coordination with sectors and levels, especially with the police agency in updating information on building a database on LLTP
(during the term, the Ministry of Justice only Justice updated 378,962 copies of LLTP) ; verifying LLTP information, promoting the application of information technology, and using postal services in issuing LLTP tickets, thereby reducing the delay in issuing tickets and creating favorable conditions for people.
At the Ministry of Justice and the Departments of Justice, in 2020 a total of
686,332 LLTP votes
were issued
(a decrease of nearly 12.2% compared to 2019) , of which 478,939 votes No. 1 and 207,393 votes No. 2. Particularly, the Ministry of Justice , in 2020 nearly
28,000 tickets were issued to foreigners who had resided in Vietnam and Vietnamese citizens without permanent or temporary residence
(an increase of nearly 84% compared to 2019) ; coordinate with the Department of Professional Records, the Ministry of Public Security and the Public Security of the provinces/cities to look up and verify 621,251 cases for the Departments of Justice to issue vouchers.
Including the term, the whole country has granted a total of more than
2.86 million LLTP votes
(an increase of more than 2.5 times compared to the previous term) .
d) Registration of secured transactions:
In 2020 in particular and in the 2016-2020 period in general, the legal institution on registration of security interests continues to be focused on perfecting and uniformly adjusted, in line with the trend of international integration. meet the objectives of administrative reform and legal reform. Registration and provision of information on security measures continued to develop rapidly; In particular, the provision of online public services at level 4 since 2017 in this field has created great advantages for people and businesses.
In 2020, the Registration Centers received and processed
1,151,185 requests for registration, information on security interests and written requests for notification of vehicle mortgages
(increasing by 3 .5% compared to 2019) , in which, online applications accounted for about
73% (increasing by 03% compared to 2019 and increasing by nearly 30% compared to the end of the previous term) ; The Ministry of Transport handled
369 registration registration applications by aircraft, seagoing ships; localities have handled
2,821,435 applications, providing information on land use rights registration, land-attached assets and aircraft and ships
(decreased by about 15% compared to 2019) .
In general, from 2016-2020, the Registration Centers have handled a total of about
4.7 million applications; localities have handled over
14.5 million applications, providing information about the EEG.
d) State compensation work:
The legal institution in the field of state compensation in the 2016-2020 period continues to make important improvements. The Ministry of Justice has actively coordinated with the People's Court, the People's Procuracy, ministries, branches and localities to help the Government develop and submit to the XIV National Assembly for approval the Law on State Compensation Liability (amended); submit to the Government for promulgation Decree No. 68/2018/ND-CP and promulgate according to its authority many circulars detailing and guiding the implementation of this Law. Training, guidance, monitoring, urging and inspection activities on compensation settlement are carried out more frequently and effectively. In general, compensation settlement activities are seriously implemented by agencies with compensation responsibilities. Agencies promptly accepted compensation claims cases when there were sufficient grounds; a number of complicated and protracted cases that have arisen have been resolved definitively, with the people and public opinion agreeing and supporting, contributing to ensuring the stability of social order in the locality.
In 2020, compensation agencies across the country accepted new claims to settle
55 cases out of a total of
296 cases for the whole period from 2016-2020. From the beginning of the term until now, 205/296 cases have been solved
(reaching the rate of 69.2%) . The total amount of compensation the State must pay as determined in the compensation settlement decisions, judgments and decisions of the Courts settling civil cases on state compensation that take legal effect in 2020 is more than
42 billion VND and during the term is more than
175 billion VND.
4.2. Difficulties, limitations
- There are still errors in civil status registration, both at home and at Vietnam's representative missions abroad. The implementation of the authentication of electronic copies from the originals still faces many difficulties and embarrassments
.
- Regarding the adoption of children with foreign elements, there are still some localities that do not carry out a review of the fostering facilities and children with special circumstances in the locality to take measures to find a replacement family. for children; some localities tend to stop dealing with foreign adoptions.
- The abuse of requesting the issuance of LLTP Voucher No. 2 for citizens is still very much (in 2020 it is required to issue 208,811 votes). Overdue status in issuing LLTP Vouchers also occurs in some localities. The amount of backlog and not updated LLTP information (at the Ministry of Justice) increased significantly compared to 2019 (up 66.8%).
- There are still many backlog and protracted cases in the work of state compensation (there are still 91 cases that have not been resolved); Many cases fall under the responsibility of local settlement but specialized units have not actively researched and handled. The effectiveness of coordination among sectors and levels in the management of state compensation and settlement of compensation cases is not high.
5. Legal aid, legal aid, legal support for businesses
small and medium businesses
5.1. Result
a) Legal aid work
In the past 5 years, especially in 2020, legal institutions in specific areas of judicial assistance have made important improvements, typically submitting to the National Assembly for promulgation the Law on Property Auction (2016). ), Law amending and supplementing a number of articles of the Law on Judicial Assessment (2020); submit to the Government for promulgation Decree No. 137/2018/ND-CP amending and supplementing a number of articles of Decree No. 123/2013/ND-CP detailing a number of articles and measures to implement the Law on Law. Professor, Decree No. 08/2020/ND-CP on organization and operation of bailiffs, Resolution No. 172/NQ-CP dated November 19, 2020 on development policy of notary profession; submit to the Prime Minister for promulgation Directive No. 40/CT-TTg dated November 2, 2020 on strengthening state management in asset auction activities. Thereby, many activities in the field of judicial assistance continue to be strongly deleted by the society, bringing great benefits to society. Along with that, the state management in the areas of judicial assistance has also been strengthened by the Ministry and the Justice sector, ensuring a harmonious combination between state management and improving the self-governing role of organizations. professional society.
- In the field of lawyers, functional units have advised the Party Personnel Committee of the Ministry of Justice to coordinate with the Central Committee for Internal Affairs in promulgating Conclusion No. 69-KL/TW dated February 24, 2020. The Secretariat on the continued implementation of Directive No. 33-CT/TW dated March 30, 2009 of the Secretariat of the Party Central Committee on strengthening the Party's leadership over the organization and activities of lawyers; develop an implementation plan Conclusion; coordinate with the People's Committees of the provinces and centrally-run cities to review the implementation of the Strategy on development of the legal profession until 2020, the project on developing a team of lawyers for international economic integration.
In 2020, the Ministry of Justice has granted law practice certificates to 1,465 cases, bringing the number of lawyers who have been granted practice certificates to 19,169 people (among them, the Vietnam Bar Federation has issued cards). practice for 16,536 lawyers); granted and extended the practice license in Vietnam for 43 foreign lawyers; the lawyers have carried out
81,485 cases
(a decrease of nearly 29% compared to 2019) , paying taxes of about VND
333 billion.
For the whole period 2016-2020, the lawyers have carried out
626,752 cases, paid taxes over
1,068 billion VND and increasingly actively contributed to improving the quality of litigation activities and the quality of litigation at the trial. .
- In the field of notarization, the establishment of the Vietnam Association of Notaries (from January 2019) together with
55 Associations of Notaries across the country has marked a strong development in the organization and operation of the Vietnamese Notary Public . Vietnamese notary public in recent years, creating opportunities for notary activities in Vietnam to continue to integrate with notarization activities in the world. In 2020, the whole Industry has been focusing on summarizing 05 years of implementation of the Law on Notary in 2014; The Ministry has appointed, re-appointed 261 notaries and relieved of duty in 14 cases, bringing the current number of notaries to
2,872 ; Notarization practice organizations have notarized
6,339,074 contracts, transactions, translations and other types of work
(down 2.32% compared to 2019) , contributing to the state budget or paying taxes on
320 billion VND.
Including the term, has notarized more than
29 million contracts, transactions, translations and other works, contributed to the state budget or paid taxes more than
1,590 billion dong;
- Judicial expertise activities in the past time have made an important contribution to the fight against crime, accurate and objective judicial expertise conclusions, helping the investigation, prosecution and trial of criminal cases. strict judgment, in accordance with the law, limiting injustice. In 2020, assessors carried out
98,218 cases
(a decrease of 48.8% compared to 2019) , of which 77,938 cases were requested by procedural agencies.
From the beginning of the term until now, a total of
708,913 cases of
assessment have been carried out
nationwide .
- In the field of asset auction and commercial arbitration, the whole Industry continues to effectively implement the Law on Property Auction, the Law on Commercial Arbitration and its guiding documents. In 2020, the Ministry of Justice has granted auctioneer practice certificates to 08 cases and granted licenses to establish 02 commercial arbitration centers. There are
1,070 Auctioneers nationwide , more than
700 arbitrators are practicing; Auctioneers have conducted
24,445 cost auctions in 2020
(a decrease of nearly 17.7% compared to 2019) .
In general, from 2016-2020, auctioneers have conducted a total of
137,235 auctions.
- In the field of asset liquidation management, commercial mediation, bailiff, in 2020 the Ministry of Justice has granted practice certificates of asset management for 135 cases; granted licenses to establish 03 commercial mediation centers, appointed bailiffs for 54 cases, dismissed bailiffs in 07 cases. Up to now, in addition to 13 localities that have piloted the institution of bailiffs, there have been 28 more localities with a project to develop a bailiff's office with a total of 110 bailiffs' offices.
b) Legal aid work
During the last term, the Ministry of Justice has actively coordinated with ministries, branches and localities to help the Government develop and submit to the National Assembly for approval the 2017 Law on Legal Aid at the 3rd session of the XIV National Assembly. 100% of delegates present agreed. By targeting the poor, people with meritorious services, ethnic minorities and other disadvantaged groups as service targets, legal aid activities have contributed to increasing access to legal aid. the law, protect the legitimate rights and interests of the poor and some disadvantaged groups in society.
In implementing the 2017 Law on Legal Aid and the Project on Renovating Legal Aid Work, in the 2016-2020 period, the State Legal Aid Centers have focused on implementing the legal aid case, especially focusing on the legal aid case in order to respond to legal aid proceedings. promptly respond to legal aid needs of legal aid beneficiaries nationwide. Thereby, the number of cases participating in the proceedings next year is higher than the previous year, the quality of legal aid cases has been increasingly improved, which is recognized and appreciated by many local proceeding agencies. In addition, legal aid coordination activities in legal proceedings and participation in legal proceedings have undergone many changes; Communication activities on legal aid work have many innovations, contributing to widely propagate to the people to know and exercise their right to legal aid according to regulations. Along with the State Legal Aid Centers, up to now, the whole country has 197 organizations registered to participate in legal aid, and 620 lawyers signed contracts to perform legal aid.
In 2020, despite general difficulties, the number of legal aid cases participating in legal proceedings continues to increase, specifically: Legal aid centers have received and performed
35,485 legal aid cases, in which the number of cases involved proceedings amounted to
27,493 cases
(accounting for nearly 77.5% of the total number of cases, an increase of 29.5% compared to 2019) . Many localities have participated in legal proceedings such as: Hanoi (787 cases), Nghe An (635 cases), Thanh Hoa (609 cases); localities with a high rate of cases participating in legal proceedings per Legal Assistant (TGVPL) such as: Lai Chau (average 63 cases/TGVPL), Gia Lai (average 59 cases/TGVPL), Ha Giang (average 56 cases/TGVPL).
In the past 5 years, 63 State Legal Aid Centers have carried out
312,957 cases. The number of cases participating in legal proceedings has increased sharply over the years
(in 2016 it was 10,937 cases, in 2017 it was 15,519 cases, in 2018 it was 16,886 cases, in 2019 it was 22,608 cases, in 2020 it was 27,493 cases. ) .
c) Legal support for small and medium enterprises
Legal support for small and medium enterprises in the recent period has been increasingly focused by ministries, branches and localities. The institution for this work has made important improvements with the Government issuing Decree No. 55/2019/ND-CP dated June 24, 2019 on legal support for small and medium enterprises (replacing Decree No. Decree No. 66/2008/ND-CP). In 2020, the Ministry of Justice has closely coordinated with the Ministry of Planning and Investment, the Government Office and relevant ministries and branches to develop and submit to the Prime Minister an interdisciplinary legal support program for enterprises in the early stages. period 2021 - 2025.
During the 2016-2020 term, the Ministry of Justice has focused on coordinating with localities and agencies, organizing capacity building training for officials working in legal support for businesses; coordinate with related units to implement
975 Topics "Business and Law" on Voice of Vietnam Radio and
192 Program "Business and Law" on Vietnam Television;
86 seminars and
75 training courses on business law knowledge for businesses... Legal support activities for businesses have contributed to improving knowledge, awareness and habit of complying with the law, limiting restrictions. legal problems and risks in business activities of enterprises, contributing to improving the competitiveness of enterprises and the effectiveness of law enforcement organizations.
5.2. Difficulties, limitations
- The activities of a number of legal aid practice organizations (especially lawyers, notaries, bailiffs, asset auctions) also show signs of profit-seeking and unfair "competition". A number of violations of the law, violations of professional ethics caused public outrage, affecting the reputation of professional practice in society. State management of some judicial assistance activities in the locality, especially lawyers, is still loose.
- Although there have been many innovations in propagating legal aid, the initiative to approach legal aid beneficiaries is still limited, so many people do not know or have difficulty accessing legal aid. The quality and effectiveness of some support cases are not high. Legal support for small and medium-sized enterprises is still not focused, the effectiveness is not commensurate with the requirements set forth.
- Management and handling of administrative violations, monitoring of law enforcement
- Result
- The work of building and perfecting the institution on administrative violations has been paid much attention by the Ministry of Justice and other ministries and branches, achieving many important results in the 2016-2020 term. The Ministry of Justice has actively coordinated with ministries, branches and localities to help the Government develop and submit to the National Assembly for approval the Law amending and supplementing a number of articles of the Law on Handling of Administrative Violations at the 10th session of the National Assembly. Assembly XIV; actively review and propose amendments to many decrees on handling and sanctioning administrative violations
(only the Ministry of Justice submitted 04 decrees for promulgation) , basically ensuring conformity with the actual situation. The Ministry of Justice has also promptly guided agencies and organizations to handle problems and difficulties in the application of the law on administrative violations. Every year, the Ministry of Justice coordinates with ministries and branches to inspect the enforcement of the law on administrative offenses in ministries, branches and some localities
(in 2020 alone, it organizes 05 teams to inspect law enforcement). on handling of administrative violations in Hai Phong, Bac Kan, Ministry of Transport, Ministry of Science and Technology and Ministry of Industry and Trade) . Through inspection activities, the Ministry has timely grasped and guided ministries, branches and localities to remove difficulties and obstacles arising in law enforcement practice, and at the same time made recommendations and ideas. specific and practical recommendations to ensure compliance with current legal provisions. Intensive professional training and retraining; reviewing, examining and guiding the implementation of the law on administrative violations and the observance of sanctioning decisions focused on implementation by the Ministry of Justice and other ministries, branches and localities. In addition, the Judiciary sector, especially the judicial agencies in the localities, actively participated in legal opinions on many administrative violation decisions before the competent agencies or persons decided.
- Determined as an important orientation for the 2016-2020 term, the organization of law enforcement and monitoring of law enforcement is concerned by the Government, the Prime Minister and the ministries, branches and localities. attach importance to implementation, ensuring increasingly close association with the work of law enforcement, inspection and processing of documents, especially those that have a direct and widespread impact on people and businesses. To overcome practical problems, the Ministry of Justice has submitted to the Government for promulgation Decree No. 32/2020/ND-CP dated March 5, 2020 amending and supplementing a number of articles of Decree No. 59/2012. /ND-CP dated July 23, 2012 of the Government on monitoring the law enforcement situation. The Ministry of Justice, legal organizations of ministries, branches and local justice agencies have actively advised the Government, ministries, branches and local authorities to solve legal problems arising in the process of developing the law. socio-economic development, including things accumulated many years ago; focus on organizing law enforcement monitoring in key areas, interdisciplinary in order to timely grasp and evaluate the situation of law enforcement organization, thereby contributing to improving the efficiency of law enforcement. legislation in agencies and units. Many ministries and branches have focused on monitoring the fields associated with the specifics and the focus of socio-economic development of the management field. Through the monitoring of law enforcement, ministries, branches and localities have had more timely policy responses to problems arising in the practice of socio-economic development.
In particular, in the last 2 years, on the basis of new tasks assigned by the Government in Resolution No. 02, the Ministry of Justice has presided over and coordinated with ministries, branches and localities to organize the implementation of many activities. to perform the task of Raising the Rating of the Legal Compliance Cost Index. With the drastic direction of the Government, determination and efforts in action of the Ministry of Justice, ministries, branches and localities, the Law Compliance Cost Index (B1) in 2019 has been raised to 17 ranking compared to 2018, exceeding the target set by the Government, contributing to improving the ranking of the institutional pillar and improving the ranking of Vietnam's competitiveness.
6.2. Difficulties, limitations
The implementation of the Government's Decree No. 19/2020/ND-CP dated February 12, 2020 on inspection and disciplinary actions in the enforcement of the law on handling of administrative violations of administrative violations against administrative regulations is still difficult and embarrassing. needy. The database on wastewater treatment has not been built yet. The effectiveness of law enforcement monitoring is generally still low.
- International legal work, international cooperation on law
- Result
a) International legal work
- Work on international treaties and agreements: In the 2016-2020 period, the Ministry of Justice has actively participated in negotiations and advised the Government in the negotiation, signing and implementation of many free trade agreements. by bilateral and multilateral; focusing on reviewing and assessing the impact on Vietnam's legal system when participating in the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), the Regional Comprehensive Partnership Agreement (RCEP), The Free Trade Agreement between Vietnam and the European Union (EVFTA), the Investment Protection Agreement between Vietnam and the European Union (IPA). closely coordinate with the Ministry of Foreign Affairs and related ministries and branches to successfully defend the Country Report on the Implementation of the International Covenant on Civil and Political Rights (ICCPR) - an important and complex international treaty first class in human rights; develop and submit to the Prime Minister a plan to implement the recommendations of the Convention Committee. At the same time, the Ministry of Justice promptly appraised and commented on international treaties and agreements, thereby making an important contribution to ensuring the legal element in the process of deep and wide integration of the country. Specifically, in 2020, the Ministry of Justice has appraised
45 treaties, commented on
119 international treaties and agreements; in the period 2016 - 2020 was the evaluation of
357 international treaties, suggestions
1,267 international treaties, international agreements.
-
Mutual legal assistance, negotiation, and legal opinion: The Ministry of Justice shall assume the prime responsibility for, and coordinate with other ministries and branches in, negotiating and implementing procedures for accession to 02 multilateral conventions at the Hague Conference on Private Equity. international law relating to mutual legal assistance; signed an Agreement on mutual legal assistance in civil matters with Hungary and coordinated with the Ministry of Public Security and the Supreme People's Procuracy to successfully negotiate 13 Mutual legal assistance agreements in criminal matters, extradition and transfer of detainees. serving prison sentences with foreign countries. Continue to perform well the function of representing the Government of Vietnam at the Hague Conference on international justice; effectively implement the implementation of the Hague Convention on the Service abroad of judicial and extrajudicial documents in civil or commercial matters.
In 2020, the Ministry of Justice received and processed
2,230 civil judicial entrustment dossiers sent abroad by Vietnamese competent agencies
(down 18.7% compared to 2019) , including the 5-year period is
13,356 records; receiving and transferring
1,714 dossiers sent to Vietnam by foreign competent authorities in 2020
(an increase of more than 15% compared to 2019) , out of a total of
6,158 dossiers for the period 2016-2020. In addition, the Ministry of Justice has promptly researched and granted many legal opinions for foreign loan agreements
(in 2020 alone, 15 legal opinions will be granted ) .
-
Settlement of international investment disputes: Institutions for international investment dispute settlement have been increasingly improved in the past 5 years, especially in 2020. The Ministry of Justice has developed and submitted The Prime Minister approved the Master Plan to settle disputes between the Government of Vietnam and foreign investors, and the Regulation on coordination in settling international investment disputes (Decision No. 14/2020/QD-TTg) dated April 8, 2020 of the Prime Minister), Directive No. 27/CT-TTg dated July 10, 2020 of the Prime Minister on strengthening the state management of investment and preventing arising international investment disputes. The Ministry has well performed its role as the lead agency, coordinating with ministries, branches and localities to settle international investment disputes and acting as the legal representative agency for the Government in disputes. international investment handled by other ministries, branches and localities; at the same time, actively participate in the process of developing content on dispute settlement mechanisms within the framework of EVFTA and CPTPP; focus on professional training for officials of ministries, branches and localities related to this work.
During the 2016-2020 term, the Ministry of Justice has performed the task of "legal representation" for the Government in many disputes with foreign investors and assisted some localities in settling other disputes between the two countries. foreign investors with local authorities. The successful settlement of lawsuits has honestly and objectively reflected the strict enforcement of the law by the Government and competent agencies of Vietnam; affirming Vietnam's clear and consistent policy of always welcoming and creating favorable conditions for foreign investors to legally conduct investment and business in Vietnam; at the same time has protected the national interests legally in the process of the country's deeper and broader integration with the international economy.
b) International cooperation on law
- In 2020, the Ministry of Justice coordinated with the Supreme People's Court, the Supreme People's Procuracy, the Ministry of Home Affairs and related ministries and branches to complete a review of 10 years of implementing Directive No. 39-CT/ Central Government on cooperation with foreign countries in the field of law, administrative reform, judicial reform; coordinate with the Office of the Central Committee of the Party to advise the Secretariat to issue Conclusion No. 73-KL/TW on the continued implementation of Directive No. 39-KL/TW; advising the Prime Minister to issue Decision No. 84/QD-TTg on the implementation plan of Conclusion 73-KL/TW, to promote and further improve the effectiveness of international cooperation on law in the coming time. . In general, in the 2016-2020 period, the state management of international legal cooperation has been increasingly expanded, deepened and effective, contributing to the provision of information, knowledge and international experience. for legal and judicial agencies to selectively absorb, in line with Vietnamese traditions and practices. During this period, the Ministry of Justice negotiated and signed
29 international agreements,
30 cooperation programs and plans; giving opinions on many documents/proposals on programs, projects, non-project aid for international cooperation on law, proposing to organize international conferences and seminars on law.
- In the context of negative impacts of the Covid-19 epidemic, international cooperation on law was implemented creatively, proactively, and adapted to the situation in the world and in the country, with many money-generating results. important topics for the coming period, effectively serving the political tasks of the Ministry and the Justice Sector. The Ministry has organized online working to sign and implement many agreements and cooperation programs with traditional and strategic partners with the Ministry of Justice of Laos, Germany, France and Azerbaijan; successfully negotiated and implemented a new legal cooperation project with JICA Japan for the period of 2021-2026, extended the Project on Strengthening Law and Justice in Vietnam (EU JULE) and the ODA Project to support the University. Lao Justice Institute; signed a cooperation agreement on law and justice between the Ministry of Justice of Vietnam and the Ministry of Justice of Laos for the period of 2021-2025 at the 43rd meeting of the Vietnam - Laos Intergovernmental Committee co-chaired by the Prime Ministers of the two countries. chair; signed a Memorandum of Understanding on legal and judicial cooperation with the Japanese Ministry of Justice in the presence of the Prime Ministers of the two countries within the framework of the Japanese Prime Minister's visit to Vietnam; successfully hosted the ASEAN Legal Forum 2020 in the year that Vietnam assumes the role of ASEAN Chair 2020.
7.2. Difficulties, limitations
- In fact, a number of ministries, branches and localities signed international treaties and agreements but did not actively organize the implementation, leading to ineffectiveness and even disputes. The team of lawyers and international law experts in various fields is still thin in quantity and low in quality. Forecasting and advising on international legal issues is sometimes confusing.
- The efficiency of implementation of a number of agreements on legal cooperation signed with bilateral partners is not high; The need for cooperation to implement the signed contents is much, but the implementation is still limited.
8. Sector construction, training, fostering, legal scientific research
8.1. Result
As one of the leading central task in term 2016 - 2020, building work sector, training and retraining of judicial personnel, law is the branch focus. In general, the organizational structure of judicial agencies is becoming more and more streamlined; The industry's staff has a remarkable growth in quality. The results of training for judicial titles, bachelor of law, judicial assistant... in the past period have made an important contribution to the judicial reform and legal reform of the country.
-
Organizational apparatus and staffing: Judicial agencies throughout the sector have focused on consolidating the organization and apparatus in the spirit of
Resolution No. 18- NQ/TW and Resolution No. 19-NQ/TW of the Association. The 6th Conference of the Central Committee of the 12th term and the requirements of the Government, ensuring consistency and well performing the assigned functions and tasks. The Ministry of Justice has submitted to the Prime Minister to promulgate and organize the implementation of Decision No. 19/QD-TTg dated January 5, 2019 on the List of public non-business services funded by the state budget in the field of housing management. country of the Ministry of Justice; Decision No. 1030/QD-TTg dated August 16, 2019 on the network planning of public non-business units under the Ministry of Justice.
The payroll management is carried out in accordance with the amount allocated by the Ministry of Home Affairs and the payroll allocation plan by period and year by year in accordance with the functions and tasks of the units, promptly meeting the requirements of the Ministry of Home Affairs. working requirements of ministries and branches. The process of allocating and using payroll is made public and transparent by the Ministry in accordance with the provisions of law. The Ministry of Justice has been drastic in implementing the policy of downsizing the staffing of units under the Ministry and the system of civil judgment enforcement agencies in accordance with Resolution No. 39-NQ/TW and Decree No. 108/2014/ND-CP. Legal organizations of ministries, branches and local judicial agencies have also advised and submitted to competent authorities for approval and implemented payroll reduction projects according to the Resolutions of the Central Government and regulations of the Government. government.
-
Personnel work: The Ministry of Justice has developed and issued many regulations related to personnel management; focus on building a contingent of cadres, especially leading and professional cadres at all levels, capable and qualified, on par with tasks. The planning of leading cadres and professional civil servants is interested, focused, and renewed by the Ministry and the Justice sector, from discovery, selection, planning, training, and placement and use.
The number of judicial staff at the provincial and district levels continued to decrease. The whole country currently has
4,271 civil servants working at the Departments of Justice
(decreased by 34 people, equivalent to 0.8% compared to 2019) ;
2,815 civil servants worked at the Justice Department
(a decrease of 33 people, equivalent to 1.17% compared to 2019) , reaching an average of 4.0 people per Justice Department; there are
18,349 Justice - Civil status civil servants.
For organizations and staff doing legal work: In general, the contingent of legal staff is additionally interested in quantity; However, the number of full-time legal officers has decreased both at the central and local levels, specifically: Ministries, ministerial-level agencies, and government agencies have
4,625 people doing legal work
(an increase of 452 people compared to that of the Government).
in 2019) , of which there were only
1,398 full-time people
(reduced by 219 people) ; localities currently have 71 Legal Departments at specialized agencies under the Provincial People's Committee
(continue to dissolve 09 Chambers compared to 2019) , with a total of
2,353 people doing legal work, of which only
452 people are allowed to do legal work. arranged to do full-time legal work
(reduced by 14 people) . At central state-owned enterprises, there are
1,472 people doing legal work
(a decrease of 329 people) , of which
564 people work full-time legal work.
-
Training and fostering cadres: Training and fostering to improve political, professional and professional qualifications for the contingent of civil servants and public employees has been paid great attention by the Ministry and Sector in the direction of regular implementation. , continuously, in order to continue to standardize titles, strengthen fostering of professional skills according to job positions for leadership, management and administrative civil servants, more closely linked with the human resource planning of ministries and branches; focus on training orientations for young civil servants and public employees with deep professional qualifications. The content of training and fostering classes is rich and comprehensive, from professional expertise; job skill; leadership and management skills at Departmental and Divisional levels; political theory; foreign languages and knowledge of defense and security.
In 2020, the Ministry sent
521 times of civil servants and public employees of the Ministry and
1,968 turns of civil servants and employees of the Civil Defense System for training and retraining. In the five years from 2016 to 2020, the Ministry of Justice organized 164 classes for
15,271 turns of civil servants and public employees of the Ministry and civil servants of civil law enforcement agencies at all levels (not to mention selecting and sending civil servants and public employees to study at institutions. other training institutions).
- Training at training institutions under the Ministry: Human resource training for the justice system (law training, vocational training) is always considered by the Ministry of Justice as one of the key tasks and regularly of the Industry. The implementation of the Master Project "Building the Hanoi Law University and the Ho Chi Minh City Law University into key schools for training law officers", the Project "Building a successful Judiciary Academy". large training center for Judiciary titles" achieved many important results; The Ministry of Justice has held conferences to review and evaluate the implementation of the Schemes and determine directions and tasks in the coming time; Securing physical foundations for training institutions has contributed to creating conditions for training institutions to fulfill their assigned political tasks. In 2020, the Ministry of Justice has coordinated with the Ministry of Labor, War Invalids and Social Affairs to upgrade 03 Law Intermediate schools to Law Colleges in 03 North, Central and South regions. The training and teaching of the Law Schools and Colleges of Law under the Ministry has created additional resources for the contingent of judicial officers at commune level, especially in remote and isolated areas; continue to open joint training classes for thousands of students with other training institutions; coordinate with party committees and local authorities to open short-term professional training courses for civil servants and public employees.
The Judicial Academy continues to train a large number of students (in adjudication, procuracy, judgment enforcement, lawyer, notary, auctioneer, bailiff... ), contribute to providing quality human resources to serve the country's judicial and legal reform; at the same time, has supported the training of a large number of judicial titles for the Lao People's Democratic Republic.
Hanoi Law University continues to be the leading prestigious law training institution in Vietnam. The training quality of Hanoi Law University is improving day by day. The training program at all levels of the University is continuously reviewed, updated or revised to suit learners' requirements, focusing on theoretical knowledge, and ensuring practical skills for learners in the future. education program. In addition, Hanoi Law University is actively strengthening facilities, expanding the training scale (especially in 2019, established a branch of Hanoi Law University in Dak Lak on the basis of the Central School of Law). the Law on Buon Ma Thuot).
In 2020, Hanoi Law University organized enrollment and enrollment for
3,659 students and trainees (
2,188 full-time students, 298 full-time second-degree students, 609 students of both work-study and work-study programs. , 547 graduate students and 17 doctoral students ). The Judicial Academy has enrolled and trained
5,348 trainees in vocational training classes, achieving a rate of more than 108% compared to the assigned Plan; organized training and retraining for
6,795 students according to social needs (an increase of more than 500 students compared to 2019). Law colleges and intermediate schools of law continue to focus on enrolling students for regular classes; open joint training classes for thousands of students with other training institutions; coordinate with party committees and local authorities to open short-term professional training courses for civil servants and public employees.
Including the period 2016-2020, Hanoi Law University has trained over
21,000 students and trainees; The Judicial Academy has trained and fostered a total of over
38,600 students.
-
Legal scientific research: In 2020, the Ministry of Justice cooperated with Ho Chi Minh National Academy of Politics to successfully organize a national scientific conference on "
Ho Chi Minh Thought on the State and law: Values and practical application in Vietnam ”; implemented a total of
47 scientific tasks at the state and ministerial levels and many other grassroots-level scientific tasks. The training institutions of the Ministry continue to focus on implementing many research projects, creating a connection between research and training
(Hanoi Law University implemented 02 state-level projects, 01 home-level research project). water from NAFOSTED fund, 02 ministerial-level projects and 23 other scientific tasks; Judicial Academy performs 38 academic-level scientific tasks; Northern Law College performs 02 school-level scientific tasks; School Central Law College performs 04 school-level scientific tasks...).
In the last term, the scientific research results of the ministries and branches have contributed valuable theoretical and practical bases on legal and judicial work. Many activities have attracted the attention of scholars, researchers, businessmen and especially policy makers, notably the National Scientific Conferences on Legal Reform and building the state apparatus under the reign of King Le Thanh Tong; Workshop on the 4th industrial revolution and legal issues posed for the construction and improvement of the legal system of Vietnam. On the basis of scientific research results, the Ministry of Justice has actively participated in building and proposing many arguments for building and perfecting the socialist rule of law state in Vietnam in the draft document of the Congress. Party XIII.
8.2. Difficulties, limitations
- In the context of increasing workload and requirements for quality and progress, the arrangement and streamlining of judicial staff and strengthening the organization and apparatus of judicial and legal agencies continues. have many difficult. The number of judicial officers at the provincial, district and full-time legal levels decreased compared to previous years
. Judicial civil servants - The communal-level judicial record has many changes, which greatly affect the quality and efficiency of judicial work at the grassroots.
- The training and retraining has had many positive changes, but the program content is still heavy on theory, not really suitable with the requirements of the job position; training methods and forms have not kept up with the general trend of the world. The activities of high schools and law schools still face many difficulties, especially in enrollment for formal training.
- The number of research works on theoretical and practical bases to solve major tasks of ministries and branches is still small. Scientific research at law colleges and universities is still limited and has not attracted many lecturers and officials.
- Budget - property management, capital construction investment, planning, statistics
- Result
Institutions for planning, statistics, financial, property and construction investment management of the Ministry and the Justice sector have been regularly reviewed and completed in the past period, ensuring management requirements. management of the Ministry, Branch. The Ministry of Justice has promulgated regulations on standards and norms for using specialized machinery and equipment at administrative agencies and non-business units under the Ministry; Regulations on recurrent expenditure norms; Regulations on decentralization and authorization of financial and asset management, procurement of goods and services, construction investment and IT application in agencies and units under the Ministry; Regulations on appointment, re-appointment, arrangement, dismissal, hiring chief accountants, in charge of accounting in accounting units managed by the Ministry of Justice; promulgates a Circular stipulating a number of contents on statistical activities of the Judiciary branch...
- The management of budget and assets is carried out in accordance with the provisions of the law, closely following the requirements of the Government's resolutions on the main tasks and solutions for the implementation of the socio-economic development plan. and the annual state budget estimate, the Action Program of the Justice sector to implement the Government's Resolutions, the guiding documents of the Ministry of Finance, the Ministry of Planning and Investment, ensuring strict implementation financial discipline, budget. Public property management is done in order and discipline; assets are used for the right purposes, economically and efficiently.
- Construction investment is carried out continuously, in a timely manner, in line with the objective reality of the Ministry, promoting the investment efficiency of projects. The Ministry of Justice has issued long-term, short-term and annual plans to build and complete the system of headquarters and evidence warehouses for civil enforcement agencies and build a system of agency headquarters for criminal justice agencies. agencies, units and training institutions under the Ministry.
- Planning work is increasingly closely related to reality and highly predictive. The Ministry and the Justice sector have actively participated in the formulation of resolutions, socio-economic development plans and annual budget estimates of the National Assembly, the Government and localities. In particular, in 2020, the whole Industry promptly reviewed and adjusted the work plan in line with the impact of the Covid-19 pandemic and the Government's requirements in Resolution No. May 2020; held to review the implementation of the plan of economic development - social period 2016 - 2020 and plan economic development - society period 2021-2025.
- The statistical work goes in order and promotes better efficiency to serve the direction, administration and development of work programs and plans of ministries and branches. The Ministry has strongly promoted the application of information technology in statistical activities; officially deploying the Judiciary Statistics Software on a national scale with all applicable Departments of Justice, District Justice Divisions and Commune People's Committees, better ensuring the progress and accuracy of the project. this activity.
9.2. Difficulties, limitations
In the field of investment management, the progress of some projects and the disbursement and payment of capital has not yet reached the set schedule. The implementation of the statistical regime on judicial work in some ministries and branches is still slow; The application of the Judicial Sector Statistical Software in the local judicial authorities, especially the district and commune level judiciary, still has certain confusions.
- Inspection, examination, citizen reception, settlement of complaints and denunciations, and anti-corruption work
- Result
In 2020, the Ministry of Justice has submitted to the Government for promulgation and is well organizing the implementation of Decree No. 82/2020/ND-CP dated July 15, 2020 stipulating penalties for administrative violations in the field of judicial assistance. ; judicial administration; Marriage and family; THADS; bankruptcy of enterprises and cooperatives. In the context of promoting the socialization of a number of areas of judicial work and the arising of many complicated problems, for the 2016-2020 period, the Ministry and the Justice sector have focused on inspection, examination and follow-up work. citizens, settle complaints and denunciations, and prevent and fight corruption, especially specialized inspection work in the field of judicial assistance, civil status, and authentication, thereby promptly detecting, correcting and handling handle violations.
In 2020, the Ministry conducted
53 planned and unscheduled inspections and inspections to settle complaints and denunciations and post-inspection checks
(reduced by 08 times compared to 2019), thereby sanctioning VPHC 141 million dong. In 2020, the Departments of Justice conducted
400 inspections and examinations for 682 organizations, thereby, sanctioning administrative violations of VND 871.5 million. Many Departments of Justice
(such as: Bac Giang, Ho Chi Minh City, Ba Ria - Vung Tau, Ben Tre, An Giang, Nghe An) have focused on drastically directing the inspection, examination and handling of violations. in the field of notaries, property auctions, lawyers ..
.
Including the period 2016-2020, the Ministry of Justice has conducted over
270 planned and unexpected inspections and inspections to settle complaints and denunciations, and post-inspection checks
(an increase of more than 2 times compared to the previous period). period 2011-2015) .
The work of receiving citizens, handling complaints and denunciations is carried out by the Ministry and the Departments of Justice in accordance with the provisions of law. In 2020, at the Ministry of Justice, leaders of the Ministry and units received
220 turns of citizens (down 214 turns compared to 2019); received and handled 1,153 applications under the jurisdiction, consideration and settlement of the Ministry of Justice (923 complaints, 230 denunciations), an increase of 9.8% compared to 2019. Contents of complaints complaints and denunciations mainly related to the distraint of assets for judgment enforcement, statute of limitations for judgment enforcement; suspend, temporarily suspend judgment execution; decision on coercive judgment execution; the preservation of distrained assets; complaints and denunciations of violations in notarization, lawyer, and asset auction activities. In addition, identifying anti-corruption work as one of the important and regular tasks, over the years, the Ministry and the Justice sector have focused on leading and directing the implementation of many solutions and tasks. , such as: public and transparent implementation of activities of agencies and units; change working position; declaration of assets of cadres, civil servants and public employees; concentration of inspection in a number of areas of work easily leads to loopholes or corruption that gives rise to corrupt acts. At the same time, the Ministry of Justice continues to actively participate in the activities of the Central Steering Committee on anti-corruption (the Minister of Justice is a member of the Committee, directly supervises 07 agencies, organizations, local).
10.2. Difficulties, limitations
The results of the inspection and examination of the sector are still modest compared to the requirements, tasks and practices with many violations and complications in judicial activities, especially in specialized fields: Lawyer, auction, notarization, civil status, authentication. A number of complicated complaints and denunciations have not yet met the prescribed time limit for settlement.
- Information technology application; Emulation and Reward
- Result
- In 2020 and the 2016-2020 term, the application of information technology in the activities of the Ministry and the Justice sector continues to receive attention and focus. The Ministry of Justice has stepped up the deployment and use of information systems and professional application software in the civil status fields; LLTP; registration of secured transactions, debt settlement and other specialized fields; implement infrastructure and technical solutions to connect and interoperate between the document management and administration system of the Ministry of Justice and the National Document Interoperability Axis; develop, upgrade and uniformly apply a document and operating management system that meets the requirements; integrating digital signatures with the document management and administration system in service of signing, approving and sending and receiving documents in the network environment in accordance with
regulations. The processing of work records through the network environment is increasingly interested and promoted in the activities of ministries and branches. The Ministry of Justice's web portal has been built, upgraded, and regularly updated with information and news articles, effectively serving the activities of the ministries and branches. Up to now, most of the focus areas of the Ministry/Department have a website. Departments of Justice actively apply information technology in directing, operating and providing public services to people and businesses (such as Hanoi, Ho Chi Minh City, Dong Thap, Soc Trang, Quang Ninh; Lao Cai and many other provinces/cities).
The national database of legal documents is increasingly effective, becoming a reliable and convenient legal information channel for state agencies, people and businesses to learn, look up and exploit. legal system of Vietnam. In 2020, legal organizations of ministries, branches and Departments of Justice have updated 2,874 documents (417 at the Central level; 2,457 at the local level), bringing the total number of documents on the National Legal Database. to date is
110,585 documents; the average number of accesses to the National Legal Database is 30,000 times/day
(an increase of 60% compared to 2019) .
- The work of emulation and commendation continued to have many innovations in the direction of increasing transparency, publicity, efficiency and practicality. Along with perfecting the institution of emulation and commendation, the Ministry of Justice has actively responded to and implemented emulation movements launched by the Prime Minister and the Central Committee for Emulation and Commendation. The launching and organization of emulation movements in the whole Industry is timely, flexible and innovative, with a focus on the 75th anniversary of the Judicial Tradition Day, the Patriotic Emulation Congress. In addition, in 2020 and in the 2016-2020 period, the Minister of Justice both issued the exam scoring criteria tables early. race, rank and create favorable conditions for the Departments of Justice and the Civil Justice Department in implementing emulation and commendation work associated with professional work right from the first months and quarters of the year; In 2020, the Emulation Scoring Criteria Table has been issued and implemented for units under the Ministry.
The commendation work is done openly, transparently and in accordance with regulations; promptly encouraged and encouraged collectives and individuals in the performance of professional tasks. In 2020, the Ministry has received, reviewed and appraised more than
4,300 dossiers requesting various types of rewards for collectives and individuals inside and outside the sector with great achievements in judicial work; honored
195 advanced examples of the industry in the period 2016-2020.
11.2. Difficulties, limitations
- Some tasks in the field of information technology application of ministries and branches are still behind schedule. The effectiveness of application of some software to support professional work is not high; slow processing, error correction, limitations of some software. Some units under the Ministry and local judicial authorities have not fully exploited the benefits of electronic documents and digital signatures.
- The implementation of some emulation movements has not been widespread; The implementation of the Emulation Scoring Criteria for the units under the Ministry is still confused.
- GENERAL ASSESSMENT
- On the implementation of judicial work in 2020
- In 2020, although the Covid-19 pandemic and the socio-economic situation in general have had a great impact on the implementation of work, the entire Justice sector has urgently identified key work tasks, promptly time to develop, promulgate and adjust work programs and plans. The direction and administration was carried out drastically, closely following the Program, Work Plan, Resolutions and direction of the Party, National Assembly, Government, the context of the country's socio-economic situation and of each locality. The review and implementation of the Party's Resolutions and Directives in the fields of law building, perfecting, judicial reform, legal reform, state management of lawyers, and international cooperation in law have all achieved results. good results and promptly implemented the conclusions of the Politburo and the Secretariat after the summary. Help the Government submit to the National Assembly for approval 03 important laws in the fields of work of the Sector. The quality of the appraisal of legal documents, the quality of dossiers of construction proposals, projects, and draft legal documents have been generally improved; the review of legal documents has been drastically implemented by ministries and branches, especially in reviewing documents under the management of ministries and branches at the request and direction of the National Assembly, the Government and the Prime Minister; The legal consultation with the Government and authorities at all levels to respond to the pandemic is done in a timely and quality manner. It has solved a large number of requests of people and businesses in the fields of civil status registration, notarization, authentication, legal aid, registration of secured transactions, issuance of LLTP certificates, associated with modernization and application. simplify administrative procedures. The training and fostering of staff and the training of pupils, students and trainees at the training institutions of the Ministry continued to obtain many impressive results; successfully organized a national scientific conference on "Ho Chi Minh Thought on the State and Law: Values and Practical Application in Vietnam". International legal work and international cooperation on law development have achieved many good results. Administrative reform, information technology application, especially the use of electronic documents, digital signatures, online conferences, specialized software in the industry are promoted; The ranking index on PAR of the Ministry continues to be maintained at a high level. Other areas of work are also implemented comprehensively, synchronously and effectively, closely following the set program and plan.
- Besides the above results, the judicial and legal work in 2020 still has some shortcomings and limitations, such as: The quality of some project documents and draft legal documents is still low; the submission of dossiers of law projects to the Government and the National Assembly is still slower than required; the debt situation, the delay in promulgating detailed regulatory documents tended to increase again and failed to achieve the set targets; the efficiency of law enforcement, monitoring of law enforcement is not high; National database on administrative violations has not been built yet. In civil judgment enforcement, there are also a number of violations committed by enforcers and judgment enforcement officers in carrying out the order and procedures for judgment enforcement, and the number of backlog judgments is still large. There are also errors and violations in the activities of lawyers, notarization, asset auctions and authentication. There is also a delay in the issuance of LLTP vouchers to the people. The consolidation of the organizational apparatus of local judicial agencies has not yet been unified; The operation of law schools and colleges continues to face many difficulties.
- Looking back at the 2016-2020 term
- Assessing the implementation of judicial work for the 2016-2020 term, it can be seen that, in the general situation of the country, there are still many difficulties, the world economic and political situation is complicated, especially the impact the Covid-19 pandemic since the beginning of 2020, but under the leadership of the Party, the close, timely, drastic and creative management of the Government, with the efforts and high determination of the entire staff Ministries, civil servants, public employees, employees, the Justice branch have carried out synchronously many aspects of work, closely following the action motto of the term and each year of the Government and local authorities. The judicial work continues to mature, become more attached to the common task of the country, coordinate better and be more proactive with all levels and branches, thereby making practical contributions to the common achievements of the land. country and each locality on socio-economic development, strengthening national defense and security, strengthening the country's external position, building and perfecting the Vietnamese legal system, administrative reform, improving judicial approach, building a socialist rule of law State, protecting the legitimate rights and interests of the State, organizations and people. Some of the main results are summarized as follows:
- Our country's legal system is constantly improving, basically, fully and comprehensively; timely institutionalize fully and properly the guidelines and policies of the Party. Most areas of social life are regulated by legislation. The quality of the legal system has had many positive changes, basically ensuring the consistency and synchronization; The openness and transparency of the legal system has been gradually raised. The process of elaborating and promulgating legal documents continues to have innovation, the role of society's participation in the formulation of policies and laws of the State is specified in detail. Legal institutions in the field of operation of the Industry in the spirit of reform have been built and completed quite synchronously and in a timely manner.
- Law enforcement and law enforcement monitoring have been paid attention to by Party committees and authorities at all levels and achieved initial results. Law enforcement has made many innovations, especially the application of information technology in propagandizing, disseminating and organizing online contests to learn about the law, thereby bringing the law to life faster and more effectively. , save more. The role of the law and the sense of respect for the law in the organization and operation of the State and in the management of society are increasingly being promoted. The sector's press and publishing activities are carried out effectively, closely following the political principles, purposes and tasks of the Ministries and sectors and well serving the needs of readers.
- The implementation of state management tasks and public service provision in the fields of civil status, nationality and authentication has achieved many impressive results, notably the implementation of the Project "Civil status database". nationwide electronics". The areas of management and public service provision in terms of secured transaction registration, LLTP, and state compensation have been effectively implemented, promptly responding to increasing requirements and creating maximum convenience for the people. , enterprise. State management of administrative violations has gradually achieved high efficiency; judicial and legal agencies are deeply involved in the legal aspects of many cases that must be handled in ministries, branches and localities.
- Many activities in the field of legal aid continued to be strongly socialized, achieving positive results. Organization and activities of notary, expert, lawyer... have been renewed in the direction of judicial reform, effectively serving the investigation, prosecution, trial and meeting the requirements of the law. society. The team of lawyers has a rapid growth in number; the number of cases with lawyers consulting, defending and legal aid is increasing; The role of lawyers is gradually confirmed. The promotion of the profession of notary, asset auction, bailiff, arbitration, and conciliation has contributed to reducing the work and costs of the state, increasing the people's access to justice, ensuring public safety. legal integrity and promote transactions in economic and civil activities.
- The civil law enforcement system is organized according to the principle of centralization and uniformity along vertical lines; there is a parallel coordination in leadership and direction with the Party committees and local authorities. The regulations on the order and procedures for judgment enforcement have been completed according to the requirements of administrative reform and judicial reform in order to contribute to fundamental changes in civil judgment enforcement and administrative enforcement monitoring; Judgment execution results increase year by year, achieving and exceeding assigned targets, thereby protecting the strictness of law, social order and safety, improving the investment and business environment, completing socio-economic development targets of the country and of each locality.
- The organizational apparatus of the Judiciary sector continues to be consolidated in the direction of streamlined, effective and efficient operation. The staff of the Judiciary branch has had a remarkable growth in quality, many officers are trusted to be assigned important responsibilities at the central and local levels. Many judicial titles in the field of administrative and judicial support have been standardized. Examinations, regimes and policies to attract and use high-quality human resources are increasingly valued.
- The training of human resources for the justice system has achieved many high results, both contributing to improving the quality of human resources with legal knowledge for society, and at the same time meeting the requirements of the judicial reform. France. Policy to build Hanoi Law University, Ho Chi Minh City Law University into key law schools; building the Judicial Academy into a major center for training judicial titles with many good results. Legal scientific research has made many great imprints, making important contributions to providing the theoretical and practical basis for building a socialist rule of law state in Vietnam.
- International legal work increasingly affirms its important role in ensuring legal requirements for deep and wide integration of the country; Legal representation for the Government to settle international investment disputes, provide legal opinions, and conduct mutual legal assistance activities is carried out methodically and in a timely manner. International legal cooperation has continued to be expanded with many countries and international organizations and has gradually deepened, serving more practically for the construction and improvement of the legal system and organizations. law enforcement and judicial reform, contributing to enhancing Vietnam's position in the international arena.
2.2. Besides the outstanding results, in the 2016-2020 term, the judicial work still has some shortcomings and limitations; some orientations of the term have not achieved the desired results, such as: The research and policy proposals for a number of projects have not been thoroughly surveyed and evaluated; the legal system is still lacking in synchronization, stability, not close to reality; the delay in promulgating legal documents, especially documents detailing the implementation of laws and ordinances, has not been completely overcome; The Law on Promulgation of Administrative Decisions and the Law on Property Registration has not yet been developed as the term orientation has set forth. PBGDPL work is still scattered; The policy of socializing the work of legal aid has not been widely implemented. There is also the status of violations in civil law enforcement; The number of executions from the previous year to the next year is still high. The activities of a number of legal aid practice organizations such as lawyers, notaries, asset auctions, and bailiffs also have violations, violations of professional ethics, and the phenomenon of profit-seeking. to the prestige of professional practice in society; the self-governing function of socio-professional organizations in the field of judicial assistance has not yet been commensurate with the requirements and assigned responsibilities. The arrangement and streamlining of judicial staff and the arrangement and consolidation of the organization and apparatus of local judicial agencies face many difficulties. The application of information technology in the activities of the Industry has not achieved the desired results. The national database on administrative violations has not yet been built.
The main
causes of the shortcomings and limitations in 2020, as well as in the whole term 2016-2020, are both subjective and objective, in which subjective causes are the main ones, specifically:
* On subjectivity:
- Although there has been more attention, some ministries, branches and People's Committees at all levels have not paid much attention to judicial and legal work; The attention and investment of resources for this work is not commensurate with the requirements and tasks set out.
- The sense of responsibility and initiative in performing tasks of some civil servants in the sector is still low; Proposing work plans for some tasks and in some fields is not close to actual implementation conditions.
- The coordination between ministries and branches at the central level, between levels and between branches in the locality in the implementation of judicial and legal work is still limited; the direction and administration work, sometimes, there is still a lack of initiative and drastic; The advice of a number of units under the Ministry, legal organizations, and the Department of Justice for leaders of ministries, branches and Party committees and local authorities has not been timely and complete.
* About objectivity:
- In addition to the huge volume of regular work, in 2020 and the whole term 2016-2020, a lot of unscheduled jobs arise, with high requirements on quality and progress; The demand of people and businesses in the administrative and judicial fields (especially authentication, LLTP) has also increased. Along with that, legal institutions in a number of areas of judicial work revealed obstacles affecting the implementation of tasks (such as the field of criminal justice; criminal justice; consolidating the organization and operation of judicial agencies. , Legislation).
- The number of judicial and legal staff, especially full-time legal officers in the locality, sharply decreased; Justice civil servants - Commune-level civil status often fluctuates, affecting the quality and efficiency of judicial work at the grassroots.
- Funding support, conditions to ensure the implementation of work in a number of areas are limited and uneven across sectors and localities, especially in law construction and enforcement; PBGDPL; grassroots mediation; information technology applications.
JUSTICE ORIENTATION FOR THE TERM 2021-2025; TASKS, WORK SOLUTIONS IN 2021
2021 is the year of organizing the 13th National Congress of the Party, the election of deputies to the 15th National Assembly and People's Councils at all levels for the 2021-2026 term and also the first year of implementing the Strategy. 10-year socio-economic development 2021-2030, 5-year socio-economic development plan 2021-2025. However, it is forecasted that in this period our country will continue to face many difficulties and great challenges; In 2021 and the first years of the 2021-2025 period, our country must continue to focus on realizing the "dual goal", both effectively preventing epidemics, protecting the people's health, and making good use of natural resources. opportunities, efforts to recover and develop the economy - society in the new normal state. In that general context, closely following the orientations on building a socialist rule of law State, building and perfecting the legal system, and reforming the judiciary are reflected in the process of participating in the preparation of documents of the Congress. National Representative of the Party, term XIII; reflected in the conclusions of the Politburo, the Secretariat on the review and implementation of resolutions and directives related to the fields of work of the Ministry and the Justice branch; The directives of the National Assembly, the Government, the Prime Minister and the entire Judiciary branch have determined a number of orientations for judicial work for the term 2021-2025 and the following main tasks and solutions:
- JUSTICE ORIENTATION FOR THE TERM 2021-2025
1. To promote the important role of the Ministry and branch of Justice in advising on the formulation, improvement and organization of law enforcement. Ensure that the Vietnamese legal system is complete, unified, synchronous, modern, public, transparent, stable, accessible, with low compliance costs, effective, efficient and competitive. international competition, taking the people's legitimate rights and interests as the center, meeting the requirements of sustainable socio-economic development and national defense and security in new conditions, promoting innovation, transforming change country number.
Research and develop Law on organization of law enforcement. Ensuring the rule of law has become a common standard of conduct in social life and in the activities of agencies and organizations. Promote the work of legal protection, including focusing on policies and legal regulations right from the draft; effectively implement the policy that the State plays a pivotal role in parallel with the socialization of law enforcement activities. Timely promulgate documents detailing laws and ordinances in order to thoroughly overcome the debt situation of promulgating legal documents, and soon bring laws and ordinances to life.
- Continue to perfect the institution on civil law enforcement and administration. Striving to meet or exceed the assigned civil law enforcement targets; reduce the number of sentences transferred to the next term every year. Ensure 100% of the court's legally effective judgments and decisions on administrative cases are monitored and enforced in accordance with the Law on Administrative Procedures.
- Improve the effectiveness and efficiency of state management and the quality of public services in the field of judicial administration, judicial assistance, and legal aid. Forming a wide, convenient and reliable network of legal services for people and businesses; promote the self-governing role of professional associations in the field of judicial assistance. Accelerating modernization in the areas of administrative and judicial work, judicial assistance, and handling of administrative violations with a focus on building the electronic civil status database, the database on handling violations. administrative. Well implement the Plan of Digital Transformation of the Judiciary sector for the period of 2020-2025, with a vision to 2030.
- Actively prevent and strengthen the capacity to settle disputes and complaints in international investment activities. Improve the effectiveness and efficiency of state management of cooperation with foreign countries in law and mutual legal assistance. In parallel with promoting international cooperation on legislation to meet the development requirements of the country in the new period, it is necessary to focus on reviewing and evaluating the implementation of signed cooperation agreements to make proposals. , adjusted accordingly.
- Strongly renovating, improving quality and expanding the training scale of Hanoi Law University and Judicial Academy to supplement highly qualified, capable and qualified legal and judicial human resources to meet requirements of society. Strengthen, consolidate and improve the training capacity and quality of law colleges. Promote legal scientific research, actively contribute to the provision of theoretical and practical bases for building and perfecting institutions, administrative reform, and judicial reform.
- Consolidate the organizational apparatus of the Ministry of Justice, legal organizations and local judicial agencies in a streamlined, effective and efficient manner. Continue to renew staff work; build a contingent of qualified, capable and reputable judicial officers, on par with their duties. Focus on rotation, training and fostering of staff, civil servants, public employees and employees in the whole industry.
II. MAJOR TASKS AND SOLUTIONS FOR JUSTICE WORK IN 2021
- Main mission
- Focus on thoroughly grasping and implementing the Resolution of the 13th National Party Congress, the recent conclusions of the Politburo and the Secretariat related to the fields of work of the Ministry and the Justice branch. Participate in research, development, and submission to the 13th Central Committee for consideration, promulgation and effective implementation of the Resolution on the Strategy for building and perfecting the socialist rule of law state in Vietnam until the year 2030, orientation to 2045.
Effectively implement the Law and Ordinance Development Program of the National Assembly and Standing Committee of the National Assembly; Program on formulating projects and documents of the Government and Prime Minister in 2021. Effectively implementing the Law amending and supplementing a number of articles of the Law on Promulgation of Legal Documents. Improve the quality of appraisal of construction proposals, projects and draft legal documents.
1.2. To step up the inspection and review of legal documents to promptly detect and handle illegal, contradictory, overlapping and unsuitable regulations. Continue to perform the tasks 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; monitor, urge and direct relevant ministries and agencies to review the problems and inadequacies of the legal system and handle the results of the review of legal documents that have been carried out in 2020.
Continue to improve and improve the quality of the National Law Database and the Legal Code to create favorable conditions for agencies, organizations and individuals to access, learn and apply laws. and the management of the legal system of state agencies.
1.3. Continue to effectively implement the Project "Innovation and improvement of the effectiveness of law enforcement" for the period 2018-2022 approved by the Prime Minister; to study the possibility of formulating a Law on organization of law enforcement. Strengthen the monitoring of law enforcement, associated with the inspection of legal documents and control of administrative procedures; focus on areas that attract a lot of public opinion, which are identified as the key areas of socio-economic development in 2021. Urging ministries and construction sectors to promptly promulgate or submit them to promulgation. promulgate documents detailing laws and ordinances in order to thoroughly overcome the debt situation of promulgating legal documents, and soon bring laws and ordinances to life.
To organize the synchronous and effective implementation of the Law amending and supplementing a number of articles of the Law on Handling of Administrative Violations; ensure the quality and progress of developing guiding documents for the implementation of this Law.
Organize the effective implementation of Decision No. 1521/QD-TTg dated October 6, 2020 of the Prime Minister promulgating the Implementation Plan Conclusion No. 80-KL/TW dated June 20, 2020 of the Secretariat on continuing to implement Directive No. 32-CT/TW of the Central Secretariat on strengthening the leadership of the Party in the work of law enforcement, raising the awareness of law observance of cadres and people. Concentrate on propagating and disseminating the law on election of deputies to the National Assembly and People's Councils at all levels; strengthen the application of IT in this work. The whole sector strives to increase the rate of successful mediation in grassroots mediation.
1.4. Effectively implementing the Directive of the Secretariat on strengthening the leadership of the Party in the recovery of assets appropriated and lost in criminal cases related to corruption and economy after being issued. onion. Striving to complete and exceed the civil judgment enforcement targets assigned by the National Assembly in 2021. To ensure that 100% of court's legally effective judgments and decisions on administrative cases are monitored and enforced in accordance with the Law on Prosecutions. administrative litigation. Focus on solving key cases, complicated and prolonged cases, cases related to credit and banking; closely coordinate with the proceedings-conducting agencies in distraint, account freezing, and asset tracing as security for judgment enforcement, especially in economic and corruption cases.
Consolidating and consolidating the organizational apparatus, improving the quality of civil law enforcement officers. Increase investment in physical facilities, especially working offices and evidence warehouses for civil judgment enforcement agencies. Well perform the work of inter-sectoral coordination, coordination with Party committees and local authorities in civil law enforcement.
1.5. Research and propose to develop the Law on Notary (amended) on the basis of the results of summarizing the implementation of the Law on Notary in 2014; effectively implement the Law amending and supplementing a number of articles of the Law on Judicial Assessment; Decree No. 08/2020/ND-CP of the Government on organization and operation of bailiffs; Resolution No. 172/NQ-CP of the Government on policies to develop the notary profession and Directive No. 40/CT-TTg of the Prime Minister on strengthening state management in asset auction activities. Coordinating to successfully organize the third National Congress of Lawyers; prepare conditions to organize the 2nd Congress of Vietnamese Notary Deputies.
Continue to effectively organize the implementation of the Law on Legal Aid and its guiding documents, the Project on renewal of legal aid work in the period 2015 - 2025; improve the quality of legal aid services and the capacity of the legal aid implementation team to contribute to ensuring social security; continue to promote communication about this activity.
1.6. Strengthen the effectiveness and efficiency of state management in the fields of civil status, nationality, authentication, state compensation, adoption, LLTP, registration of secured transactions. To step up the implementation of tasks of Vietnam's National Action Program on civil status registration and statistics; prioritize resources to urgently complete the national electronic civil status database, and soon put it into operation in sync with the national population database. Develop a proposal for accession to the 1961 Convention on the Reduction of Stateless Persons.
Actively prevent and strengthen the capacity to settle disputes and complaints in international trade and investment activities. Improve the effectiveness and efficiency of state management of cooperation with foreign countries in law and mutual legal assistance.
1.7. Concentrate on consolidating the organizational apparatus and operation of judicial agencies according to new Government decrees. Research, develop and implement a new Decree on the functions, tasks, powers and organizational structure of the Ministry of Justice
. Review and finalize regulations on functions, tasks, powers, organizational apparatus, cadres and civil servants doing legal work.
Continue to carry out the tasks of building Hanoi Law University into a key legal training school; to build the Judicial Academy into a large center for training judicial titles. Completing the development of curricula, curricula and organizing good enrollment and training at newly established law colleges.
1.8. Well perform inspection, examination and thrift practice, fight against wastefulness, and prevent and fight corruption. Focusing on applying information technology in the direction and administration of ministries and branches, focusing on effective implementation of the Ministry of Justice's e-Government Architecture Version 2.0, Plan for Digital Transformation of the Government Sector. measures for the period 2020-2025, with orientation to 2030; build, upgrade, deploy and maintain information systems, databases and application software; upgrade the online public services provided by the Ministry and the Justice branch to level 3, 4 and effectively implement the provision of these services on the National Public Service Portal, the Ministry's Public Service Portal, Local Public Service Portal.
1.9. Continue to effectively implement the directives of the Government, the Prime Minister, the National Steering Committee on Covid-19 epidemic prevention and control; continue to actively advise, coordinate and advise at all levels and branches on legal aspects in decisions, directing epidemic prevention and control, and realizing "dual goals".
- Specific tasks in the fields
- Construction, appraisal, examination, review, consolidation of legal documents and legal normative legal system
- Effectively implementing the Plan of the Government Party Committee to implement Conclusion No. 83-KL/TW dated July 29, 2020 of the Politburo on summarizing the implementation of Resolution No. 48-NQ/TW; Organize training, guide and well implement the Law amending and supplementing a number of articles of the Law on Promulgation of Legal Documents; Decree amending and supplementing a number of articles of Decree No. 34/2016/ND-CP; Directive No. 43/CT-TTg dated December 11, 2020 of the Prime Minister on improving the quality of construction work, perfecting the legal system and enhancing the efficiency of law enforcement.
- Effectively implementing the Law and Ordinance Development Program in 2021, limiting the request for additions, delaying the submission deadline, withdrawing projects from the Program; focus on assessing the impact of policies in construction proposals. Concentrate on elaborating, submitting for promulgation or promulgating according to its competence documents detailing and guiding implementation; consider and handle the responsibility of individuals and collectives for delay, promulgating detailed documents (at the request of the National Assembly in Resolution No. 134/2020/QH14 dated November 17, 2020).
- Continue to improve the quality of legal documents appraisal; pay attention to the predictability and feasibility of policies and regulations so that the law can actually come to life.
- Implement well the inspection and processing of QPPL documents. In particular, focus on closely following the actual issuance of documents by agencies, especially those directly and widely related to the legitimate rights and interests of people, businesses, investment environment, business; Documents showing signs of illegality or unsuitability attract the attention of the public to carry out the inspection and review of documents. Implement measures to promote the effectiveness of handling illegal documents; report and recommend competent agencies and persons to handle necessary cases related to illegal documents (including handling of documents and handling collective and individual responsibilities of advising and committees) onion).
- Regular implementation of the review of legal documents falls under the responsibility of ministries, branches and localities. Continue to organize the implementation of tasks 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, especially the handling of legal documents documents with conflicting, overlapping and no longer appropriate contents have been discovered through the 2020 review. To promptly and effectively carry out the consolidation of legal documents; implementing the legal code of titles of the Ministry of French Dictionary to ensure quality, efficiency and on schedule, the roadmap set out in 2021; to step up the propaganda, introduction and guide the exploitation and use of the Legal Code.
2.2. Law dissemination and education, mediation at grassroots level; press, publishing
- Ministries, branches and localities have specific plans and prioritize resources to well organize the implementation of the Prime Minister's Decision No. 1521/QD-TTg dated October 6, 2020 promulgating the Implementation Plan Conclusion No. 80-KL/TW dated June 20, 2020 of the Secretariat on continuing the implementation of Directive No. 32-CT/TW of the Central Secretariat on strengthening the Party's leadership in the work of law enforcement, raising the law observance of officials and people. Continue to build, perfect and effectively implement the Prime Minister's Decision promulgating the Regulation on building communes, wards and townships up to standards of legal access (replacing Decision No. TTg on 08/5/2017). Completing the implementation of the Project "Strengthening the application of information technology in law dissemination and education in the period of 2019 - 2021"; accelerate the implementation of the Project "Strengthening the capacity of mediators for the period 2018 - 2022".
- Implement the work of legal regulation comprehensively, widely, strongly towards the grassroots, in which focus on newly promulgated legal documents and the law on election of National Assembly deputies and People's Council deputies at all levels. ; strengthen IT application, continue to research and implement digital transformation in PBGDPL work. Building the National Electronic Law Bookcase. Focusing on legal education work in schools.
- To step up press and communication work in the fields of work of the Ministry and the Justice sector. Continue to improve the content and form of press publications, publish, actively open more categories, specialized websites; keep abreast of the country's political - legal events, the key tasks of the Ministries and Sectors; better serve the needs of readers. Implement solutions to make the publication of legal books, newspapers and magazines more and more sustainable. Actively providing information to the press; capture information through reflections of individuals, organizations and information reflected from the press to direct timely settlement.
2.3. Civil judgment enforcement
- Continue to study and complete legal documents on civil law enforcement; formulating and promulgating the Project on renovation of inspection work in the civil judgment enforcement system. Research, promulgate or recommend competent authorities to promulgate a process to ensure specificity in the execution of criminal and economic cases in order to ensure uniform and synchronous asset recovery. , effective. Promulgating inter-sectoral coordination mechanism in tracing and tracing assets acquired by crime for temporary seizure, distraint, blockade for recovery of assets appropriated or lost in corruption and business cases from the investigation stage to the end of the execution of the sentence.
- Striving to achieve and exceed the targets of civil law enforcement in 2021. Focus on directing the execution of key cases, recovering assets appropriated and lost in criminal cases related to corruption and economy; credit and banking cases; definitively settle complicated and prolonged complaints and denunciations; strictly handle cases of irresponsibility or violations or omissions in the organization of judgment enforcement. Organize the strict implementation of the Party and State's regulations on anti-corruption and anti-corruption work in the entire civil judgment enforcement system.
- Review and evaluate the quality and effectiveness of inter-sectoral coordination from central to local levels; promulgating new or amending, supplementing and implementing effectively and substantively the Regulations on inter-sectoral coordination; take the initiative in taking advantage of the leadership and direction of the Party Committees, local authorities and relevant departments, ministries and branches in removing difficulties and obstacles in civil law enforcement.
- Continue to streamline the organizational structure, operate effectively and efficiently, and build a team of enforcers and civil servants doing civil work with real integrity, fairness, and professionalism... closely with Party committees and local authorities in assessment, planning, rotation and appointment of leaders. Implement publicity, transparency and democracy in the recruitment, promotion and transfer of civil servants. To strengthen the secondment of enforcers and civil servants working on civil law enforcement, to ensure reinforcement for places where there is a shortage, and to prioritize resources for key areas but not to increase staffing.
- Focus on reviewing, developing and implementing investment schemes and projects to ensure that the necessary needs for physical facilities are met for civil judgment enforcement agencies, especially working offices and evidence warehouses; manage and use the budget, assets, investment in capital construction in accordance with the law and effectively. Strengthen the inspection of the observance of legal provisions in the management and use of finance, accounting work and investment in capital construction, promptly handle strictly violations.
2.4. Civil status, nationality, authentication, adoption, judicial record, secured transaction registration, state compensation
- Continue to effectively implement the Civil Status Law and documents detailing its implementation; To step up the implementation of tasks of Vietnam's National Action Program on civil status registration and statistics; focus on implementing Decree No. 87/2020/ND-CP dated July 28, 2020 on regulations on electronic civil status database, online civil status registration, prioritizing urgent resource concentration complete the national electronic civil status database, soon put into operation synchronously with the national database of the National People's Congress.
- Continue to well implement the Government's Decree 23/2015/ND-CP dated February 16, 2015 on issuance of copies from master registers, authentication of copies from originals, authentication of signatures and certification of contracts, and delivery of documents. translation and implementation manuals. Researching information technology application solutions, building authentication database management software; effectively implement electronic authentication according to the provisions of Decree No. 45/2020/ND-CP.
- Organize a review of 10 years of implementation of the Law on Adoption and the Hague Convention, on that basis, propose amendments and supplements to the Law. Issue Circular amending and supplementing Circular No. 21/2011/TT-BTP on management of foreign adoption offices in Vietnam. Continue to promote the effective implementation of Decree No. 24/2019/ND-CP, in which, focus on inspecting nursing facilities and reviewing and making a list of children who need to find replacement families. locality.
- Implementing the direction of the Prime Minister on the results of the 10-year summary of the implementation of the Law on LLTP. Continue to innovate and improve the quality and efficiency of LLTP database construction activities; focus resources on solving the backlog of LLTP information. Strengthen the implementation of online issuance of LLTP ballots, via public postal services to facilitate the people and minimize the delay in issuance of votes. Focus on communication and take other measures to reduce abuse of request for LLTP No. 2.
- To study the possibility of formulating a Law on Security Interests and registration of security interests, assets and other related transactions. Implement effectively the Decree on ensuring the performance of obligations after being promulgated by the Government. Strengthening state management in the field of security interest registration; research, propose and apply solutions to improve the efficiency of coordination with ministries, branches and localities in this field, especially the registration of security interests in land use rights and attached assets. with land.
- Continue to effectively implement the 2017 Law on Natural Resources and Environment and its detailed regulations and implementation guidelines. Strengthen coordination with Courts, procuracies, ministries and branches at central and local levels in performing the state management of compensation work and in coordinating to resolve backlog and prolonged cases. The case was handled in 2020.
2.5. Legal aid work, legal aid, legal support for businesses
- Implement comprehensively, synchronously and effectively new documents promulgated in the field of judicial assistance, such as the Law amending and supplementing the Law on Judicial Assessment; Decree No. 08/2020/ND-CP of the Government on organization and operation of bailiffs; Resolution No. 172/NQ-CP of the Government on the policy of developing the notary profession; Directive No. 40/CT-TTg of the Prime Minister on strengthening state management in asset auction activities. Completing the task of summarizing the 5 years of implementation of the Law on Notary in 2014, preparing conditions and proposing amendments to this Law to overcome obstacles and difficulties in practical implementation.
- Strengthen the effectiveness and efficiency of state management of judicial assistance, focus on specialized inspection and inspection, promptly handle violations and propose solutions to prevent and limit acts. violate the law in sensitive and complex management areas (attorneys, notaries, asset auctions and bailiffs). Successfully organized the Congress of the Hanoi Bar Association and the 3rd National Congress of Lawyers.
- Focus on training and coaching to improve the professional capacity of the team of legal assistants. Continue to focus on legal aid for legal aid cases associated with improving the quality of legal aid services. Actively integrate legal aid into poverty reduction, social security and other social justice programs; guide and monitor the implementation of the legal aid policy for the poor and ethnic minorities in poor districts, poor communes, villages and villages with special difficulties. Implement the work of coordinating legal aid practitioners on duty at the procedure-conducting agency. Continue to promote and improve the effectiveness of communication on legal aid.
- Focus on legal support for small and medium-sized enterprises in order to remove difficulties and obstacles for businesses, especially for innovative start-ups; enterprises in areas with difficult or extremely difficult socio-economic conditions; small and medium enterprises in international economic integration.
2.6. Management and handling of administrative violations, monitoring of law enforcement
- Ministries and branches shall focus on elaborating and submitting to the Government for promulgation a "beam" of decrees on handling and sanctioning administrative violations to be consistent with the Law amending and supplementing a number of articles of the Law on administrative violation and the current actual situation. The whole Industry continues to effectively implement legal regulations on administrative violations; strengthen state management, focus on training, guidance and inspection activities in this work. Implement the project to build a national database on administrative violations.
- Focus on developing the law project on organization of law enforcement. Continue to effectively implement the assigned tasks in the "Project on Renovating and improving the efficiency of law enforcement" in the period of 2018 - 2022; Decree No. 32/2020/ND-CP amending and supplementing a number of articles of Decree No. 59/2012/ND-CP on monitoring of law enforcement.
- Continue to reduce the cost of legal compliance, contribute to maintain and continue to improve Vietnam's score and ranking position on this Index according to the goals and requirements of the Government.
2.7. International legal work, international cooperation on law
- Research and propose to improve legal regulations on granting legal opinions. Summary of 5 years of implementation of the Hague Convention on the Overseas Service of Judicial and Extrajudicial Documents in Civil or Commercial Matters and implementation of the Hague Convention on the Collection of Evidence Abroad in civil or commercial. Conduct negotiations on the Agreement on mutual legal assistance in civil matters between the Socialist Republic of Vietnam and the Kingdom of Thailand. Regularly review domestic legal regulations to serve the accession and implementation of trade agreements. Implement solutions to increase the percentage of MLA dossiers with results.
- Improve the efficiency of handling legal issues arising in the process of international integration. Ministries, branches and localities are more proactive in preventing and settling disputes and lawsuits in international investment. The Ministry of Justice continues to focus on well performing the task of presiding over and representing the Government in settling international investment disputes and handling legal issues related to international integration. Strengthen information provision and inter-sectoral coordination in settling investment disputes.
- Organize the effective implementation of the Prime Minister's Decision No. 84/QD-TTg dated September 22, 2020 promulgating the Implementation Plan Conclusion No. 73-KL/TW on continuing the implementation of Directive No. 39- KL/TW. Evaluate the implementation of Decree 113/2014/ND-CP on the management of international cooperation in law and propose to improve the provisions of the law for this work. Evaluation of the results of the implementation of the Project on orientations to strengthen international cooperation in law by the Ministry of Justice in the period 2017-2021; research and develop a project on orientations to strengthen international cooperation in legal matters of the Ministry of Justice in the period of 2022-2026.
- Continue to be proactive, creative and have appropriate solutions in the context of the complicated developments of the Covid-19 pandemic to effectively implement signed cooperation programs and agreements with international partners; continue to focus on promoting cooperation relations with countries with special relations (deploying the organization of the 5th Conference of Justices of provinces sharing the Vietnam-Laos border), strengthening the implementation of other activities. cooperate with strategic partners (Japan, Korea, France, Germany...).
2.8. Industry construction work; training and retraining; legal science research
- To study, develop, and submit to the Government for promulgation a Decree defining the functions, tasks, powers and organizational structure of the Ministry of Justice (replacing Decree No. 96/2017/ND-CP). Formulate and submit to the Prime Minister for promulgation and organize the implementation of the Decision on promulgation of the List of basic and essential public non-business services in the Judiciary branch; Decision approving the planning on orientation of the network of public non-business units under the state management of the Judiciary sector in the period of 2021 - 2030; Decision promulgating the List of public non-business units under the Ministry of Justice (replacing the Prime Minister's Decision No. 1902/QD-TTg dated November 29, 2017). Develop and implement a scheme to renovate the organizational model, functions, tasks and powers of the Ministry of Justice and its units in accordance with the provisions of Decree No. 101/2020/ND-CP and Decree No. 120/2020/ND-CP. Effectively implement the Circular replacing Joint Circular No. 23/2014/TTLT-BTP-BNV.
- Review and summarize the implementation situation and propose to improve regulations on functions, tasks, powers, organizational apparatus, cadres and civil servants doing legal work as prescribed in Decree No. 55 /2011/ND-CP and guiding documents.
- Develop and implement the Project on training and fostering civil servants and public employees of the Ministry of Justice for the period of 2021 - 2025. Continue to perform well the rotation, training and retraining to improve political qualifications, expertise, professionalism, capacity to perform tasks, practical experience and public service ethics for the contingent of cadres, civil servants, public employees and employees in the whole Sector, especially grassroots judicial officers.
- Regularly review, update, revise and perfect the system of training programs, textbooks, lectures and lesson plans in service of teaching and learning at training institutions. Proposing to the Prime Minister to continue to effectively implement the Projects: The master project "Building the Hanoi Law University and Ho Chi Minh City Law University into key training schools". training legal staff", Project "Building the Judicial Academy into a large center for training Judicial titles". Continue to perfect the organizational structure and staff of law colleges and intermediate schools.
- Focus on studying the new viewpoints, lines and directions of the Party related to building and perfecting the legal system expressed in the Document of the 13th Party Congress; in the recent conclusions of the Politburo, the Secretariat on legal improvement, law enforcement, judicial reform... Promoting scientific research at agencies and units in the Sector, especially at the training institutions of the Ministry.
2.9. Budget - property management, capital construction investment, planning, statistics
- Implement well the management of budget - assets and investment in capital construction according to regulations, ensuring to well meet the implementation of political tasks of ministries and branches. Accelerate the implementation of projects and the disbursement and payment of capital construction investment. Well organize the implementation of the medium-term public investment plan for the period of 2021-2025 and the plan for public investment in 2021.
- Actively develop programs and work plans, ensure the concretization of requirements and tasks, and regularly monitor and urge the implementation. Improve the quality of statistical activities, ensure the accuracy of data; continue to effectively deploy the Judicial Sector Statistical Software.
2.10. Inspection, examination, citizen reception, settlement of complaints and denunciations, and anti-corruption work
- Organize the effective implementation of Decree No. 82/2020/ND-CP dated July 15, 2020 on sanctioning of administrative violations in the field of judicial assistance; judicial administration; Marriage and family; THADS; bankruptcy of enterprises and cooperatives.
- Pay attention to inspection, examination and handling of violations, especially specialized inspection work in the field of judicial assistance, civil status and authentication. Well perform the anti-corruption work, receive citizens, receive, handle and settle complaints and denunciations from citizens sent to the Ministry of Justice, the Departments of Justice and the Civil Justice System.
2.11. Information technology application; Emulation and Reward
- Implement well the Ministry of Justice's e-Government Architecture version 2.0, the Justice Sector Digital Transformation Plan for the period 2020-2025, with a vision to 2030, the Action Plan of the Ministry of Justice to implement. implementing Resolution No. 30-NQ/TW dated July 25, 2018 of the Politburo and Resolution No. 22/NQ-CP dated October 18, 2019 of the Government on the National Cybersecurity Strategy; Planning Application of information technology in the operation of the judiciary, the Government develop and ensure the safety of network information period 2021 - 2025 and 2021; Implementation plan to convert IPv4 to IPv6 for information technology and internet systems of the Ministry of Justice in the period of 2020-2024.
- Increase use and maximize benefits of electronic documents and digital signatures. Focus on upgrading online public services provided by the Ministry of Justice to level 3 and 4 (the Ministry of Justice alone strives to complete it in 2021) and effectively implement the provision of these services. on the National Public Service Portal, the Ministry's Public Service Portal, and the Local Public Service Portal.
- Effectively and practically organize emulation movements launched by ministries and branches, promoting the spread of emulation movements. Continue to issue soon the emulation and ranking criteria of the Departments of Justice and the Civil Defense Department, ensuring consistency and suitability with the professional work of the Ministry and of the Sector.