To meet the requirements of strengthening cooperation relations with international partners, contributing to attracting the cooperation and support of international partners of goodwill with Vietnam, thereby increasing experience, knowledge as well as as a resource for the legal reform process, legal reform of Vietnam (including the tasks that the Ministry of Justice is responsible for presiding and coordinating), as assigned by the leadership of the Ministry of Justice. The Department of International Cooperation (Department of International Cooperation) has coordinated with units under the Ministry to research and identify work areas that need to be prioritized for cooperation with international partners in the period 2021-2025. This content is likely to change from year to year depending on the actual situation of Vietnam and the Ministry of Justice. However, the change is not fundamental, only of a unique nature to ensure the highest response to Vietnam's priority for key tasks of ministries and branches. As follows:
I. Research process
- The Department of International Cooperation has coordinated with relevant agencies (such as the Ministry of Public Security, the Supreme People's Court, the Supreme People's Procuracy) and all specialized units under the Ministry of Justice to collect, synthesize the international cooperation needs of the Vietnamese side in the period of 2021-2025.
The Department of International Cooperation collaborates with the Ministry's Office to assess the necessity and priority of these proposals, including specific explanations and comparisons with the key tasks of the ministry and sector in the 2021-2025 period. .
- The Department of International Cooperation has also met and discussed with a number of major partners who have regular and active cooperative relations with the Ministry of Justice, including:
+ Bilateral partners: Embassies of countries include: UK, Germany, France, Russia, Netherlands, Denmark, Sweden, USA, Canada, Australia, New Zealand, Japan, Korea, Singapore, Malaysia.
+ Donors in the field of law and justice: USAID, AUSAID, KOICA, JICA, KAS, FES, GIZ, HFS
+ Multilateral partners: EU, ASEAN, IDLO, UN agencies (UNDP, UNICEF, UNWomen, UNODC)
Through the exchange, the International Cooperation Department has grasped the contents that the partners are interested in as well as the partners' needs and priorities for cooperation.
II. Key tasks of the Ministry and the Justice sector in the 2021-2025 period
The year 2021 and the new term 2021-2025 is a period of special significance with many new opportunities and opportunities. 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 sector have determined some orientations for judicial work for the term 2021-2025 and key tasks and
solutions for the implementation of judicial work in 2021. as follows:
I. JUSTICE ORIENTATION FOR 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.
Researching and elaborating the Law on law enforcement organization. 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; carried out effectively advocated State plays a key role coupled with socialization activities PBGDPL. 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.
2. Continue to perfect the institution of 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.
3. 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.
4. 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.
5. Strongly renovating, improving the quality, and expanding the training scale of Hanoi Law University and the Judicial Academy to supplement highly
qualified, capable and qualified legal and judicial human resources, meet the needs 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.
6. Consolidate the organizational apparatus of the Ministry of Justice, legal organizations and local judicial agencies in the direction of streamlining, effectiveness and efficiency. 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
1. Some main tasks
1.1. 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. Step up the inspection and review of legal documents to promptly detect and handle illegal, contradictory, overlapping and inconsistent regulations. Continue to perform the tasks of the Prime Minister's Working Group Government 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 complete and improve the quality of the National Law Database and the Legal Code to create favorable conditions for agencies, organizations, individuals and public to access, learn and apply the law. 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 2
nd Congress of Vietnam Notary Public. ; 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".
III. Priority areas for cooperation with partners in the period of 2021-2025
1. For work the judicial way
In the coming time, international cooperation will continue to be promoted with the following guiding views
1.1. International cooperation activities on justice are carried out in accordance with the Party and State's foreign affairs policy and the People's strategic requirements for building a socialist rule-of-law state in Vietnam. The People and for the People.
1.2. International cooperation in justice does not have a "self" purpose, but must effectively serve the tasks of law reform, judicial reform, and the central task of judicial agencies.
1.3. Actively and actively cooperate in international judicial cooperation along the foreign policy of independence, self-reliance, peace, friendship, cooperation and development, diversification and multilateralization of foreign relations; make effective use of international rules and regulations and participate in activities of the regional and international community.
1.4. International cooperation on justice has both received and developed the confirmed values of human civilization, while being consistent with the good values and traditions and practical circumstances of Vietnam; at the same time, ensure the compatibility between domestic laws and international treaties to which Vietnam is a member, meeting the needs of socio-economic development and sustainable development.
Some priority cooperation orientations of the Vietnamese side
- Continue to study, sign, and participate in international treaties as well as multilateral and regional organizations/mechanisms on law and justice in the spirit of putting the interests of the nation and nation first;
- Well organize the implementation of international treaties which have been acceded and signed; strengthen research, propose negotiation, sign and join international treaties, sign cooperation agreements on justice, focusing on strategic partner countries, comprehensive partners and countries with traditional relations system, neighboring countries, countries with a large number of Vietnamese people living, countries with economic cooperation - investment and development relations with our countries. Focus on forming and developing long-term and strategic cooperation relationships to ensure the sustainability of international cooperation activities on justice. Improve the quality of external information work, propagate and disseminate the correct guidelines and policies of the Party and State, better understand the legal system and achievements we have achieved in the process. perfecting the legal system, reforming the judiciary, enlisting the support of the international community for the cause of national defense, construction and development.
- Effectively exploiting international cooperation activities in the field of justice to serve the requirements of judicial reform, focusing on building a professional, modern, fair, strict, honest, and respectful Vietnamese judiciary the Fatherland, serving the people. Continue to renovate the organization, improve the quality, effectiveness, operational efficiency and reputation of the People's Court, People's Procuracy, investigation agency, judgment enforcement agency and other agencies and organizations participation in judicial proceedings; timely and lawfully settle all kinds of disputes and lawsuits according to the law; effectively prevent and fight against criminal activities and law violations; not to allow wrongdoing, to omit criminals and offenders; strengthen control over judicial power. Improving the quality of public services in the field of judicial administration, judicial assistance, legal aid, and capacity building for international dispute settlement.
- Actively and actively participate in the building of multilateral legal institutions within the framework of the United Nations and international organizations through the renewal and improvement of the effectiveness of research, training and retraining in the field of law. international law. Prioritize building a team of international legal experts who are good at regional and international level in the next 10-15 years, then gradually send Vietnamese people to work in legal and judicial agencies and organizations important international law, step by step approach for domestic lawyers to participate in international litigation.
- In carrying out international cooperation on justice, it is necessary to thoroughly grasp the requirements of receiving and developing the confirmed values of human civilization, while being consistent with the good values of Vietnamese culture. , in line with the requirements of our regime, creating a new driving force for socio-economic development, developing the country quickly and sustainably.
2. For training and retraining work
It can be said that, in the trend of international integration deepening, the training and retraining to improve the quality of human resources in general, training and fostering cadres, civil servants and public employees capable of working increasingly urgent in the international environment in particular. International integration is a major policy of our Party and State in order to consolidate a peaceful environment, make the most of favorable international conditions for rapid and sustainable development of the country, and improve people's living standards. ; firmly maintain independence, sovereignty, unity and territorial integrity and firmly defend the socialist Vietnamese Fatherland; promote the image of Vietnam, preserve and promote the national identity; strengthen the national synergy, raise the country's international position and prestige; actively contribute to the cause of peace, national independence, democracy and social progress in the world
[1] . Inheriting and promoting the achievements already achieved, the Resolution of the 13th National Party Congress of the Party affirms to continue to implement the foreign policy of independence, self-reliance, multilateralization and diversification; proactively and actively integrate into the world comprehensively, extensively and effectively; maintaining a peaceful and stable environment, constantly improving Vietnam's international position and prestige. As an agency to assist the Government in state management of construction, law enforcement and management of judicial work areas according to regulations, the Ministry of Justice is undertaking many important tasks in law enforcement. implement the guidelines and orientations of the Party and State on international integration.
In order to carry out the above tasks, an important requirement for the Ministry of Justice is to focus on training and fostering a contingent of capable and qualified cadres and civil servants working in a professional environment. building a team of legal experts and lawyers capable of advising and advising the Government on legal issues in the integration process as well as in settling international disputes in the context of international law. globalization and Vietnam's extensive international integration today.
In the current context, we are facing many opportunities and challenges in building a contingent of judicial officers capable of working in an international environment.
Tasks and solutions for training and fostering judicial officers capable of working in an international environment. This is also a priority for cooperation of the Vietnamese side in the period of 2021-2025
(i) Highlighting the roles and responsibilities of Party committees, authorities at all levels and leaders in training and fostering cadres
The Resolution of the 7th Central Committee (Term XII) requires: "All levels of party committees, party organizations, leaders of agencies and units must improve their responsibilities, implement synchronously and effectively staff work and create an environment conditions for building and developing a contingent of cadres”. Training and fostering cadres capable of working in the international environment is one of the new requirements, so it needs long-term and comprehensive investment and special attention from the Party committees, authorities at all levels and leader; It is necessary to clearly define a strategy for training and retraining staff so that they can improve their qualifications and practice appropriate skills and adapt to the international environment. At the same time, create opportunities for them to deeply participate in international activities to gain more experience in working with foreign individuals and organizations and international institutions.
(ii) Review and complete the framework of competency and positions for judicial officers undertaking work in the international environment and quantify the number of officers who need to focus on training and fostering spearheads.
In order for the training and retraining to be effective and in-depth, it is necessary to review and perfect the job position competency framework of judicial officers undertaking jobs in the international environment in accordance with each position. positions and titles of leaders and managers at all levels.
The review and completion of the capacity framework should be carried out on the basis of closely following the requirements and tasks set out for each level of judicial staff working in international law, such as: Legal expertise domestically and internationally; understanding of international regulations, practices and cultures; task execution
skills (independent problem-solving skills, teamwork skills, negotiation skills, negotiation, signing, diplomatic skills...) ; ability to use foreign languages, legal foreign languages; the ability to master and apply technology in performing tasks.
On the basis of the competency framework, the Ministry of Justice will continue to develop training plans, programs and documents suitable to the positions that judicial officers working in the international environment need to undertake. In addition, on the basis of the capacity framework and clearly defining the employment positions in the international environment of judicial officers, the Ministry of Justice will specify the number of officers that need training and retraining to ensure the training and retraining of judicial officers. create and foster the right audience, intensively and effectively.
(iii) Innovating training and retraining contents, programs, and materials in line with the requirements of working in an international environment
Developing training and retraining content, programs and documents focusing on the following specific requirements:
- Improve professional capacity, especially international law : Training and fostering civil servants with specialized qualifications in domestic law and understanding international laws, regulations and practices. The content of training and retraining should be suitable for each object of need, position, title and field of work.
- Improve skills: Training and fostering working skills in international environment such as negotiation and negotiation skills; teamwork skills, sharing and respecting common values; international communication skills (diversity and flexibility in an international environment, in which, knowing how to combine written and verbal communication languages and forms). Focusing on training and fostering on cultural aspects, respecting different cultural values around the world, mastering specific cultural characteristics, customs and practices of partners to have appropriate behavior. fit.
- Improve professional working style, international standards: Provide staff with scientific method, professional working style, in accordance with international practices, such as discipline, time, standards of conduct ... ; These skills need to be accumulated through training and practical training in working with foreign partners. Officials need to learn and apply the art of negotiation well.
- Training and fostering cadres, civil servants and public employees who are able to fluently use foreign languages and informatics: This is a very necessary requirement because working in an international environment, being fluent in foreign languages is a condition. necessary. In addition, informatics is also identified as an effective means and tool in improving the efficiency of international exchanges and cooperation. Especially in the context of the strong development of the 4.0 industrial revolution, staff proficient in using digital applications and social networks on multimedia platforms is one of the advantages to ensure success in communication. bilateral and multilateral international exchanges and exchanges.
(iv) Learning and applying international training and retraining experiences
Researching training and retraining methods of advanced countries in the world such as the UK, France, the US, Australia, Korea, Japan, Singapore... has been successfully applied in training and fostering working staff. work in international law to apply and put into practice in the process of training and fostering judicial officers. Methods of training and retraining can be applied such as: Training and fostering in the direction of problem detection; Training and fostering in the direction of handling situations; Training and fostering by role-playing method; Training and fostering focus on practice; Training and fostering following the example of reputable leaders; Training and fostering according to the method of competitive argument factor...
(v) Training and fostering international integration orientation from university level
As mentioned above, training and fostering cadres in general, and training and fostering judicial officers working in international law in particular is a long and continuous process. Therefore, the training and retraining needs to be done from the ground up, from undergraduate training at Hanoi Law University, vocational training at the Academy of Justice to create high-quality human resources to serve law enforcement. building a contingent of judicial officers capable of working in international law. Specifically:
- Continue to promote and improve the effectiveness of the training of English language students (specializing in legal English) at Hanoi Law University;
- Continue to focus on and strengthen the implementation of the international integration lawyer training program of the Judiciary Academy on the basis of the implementation of the Project "Development of a contingent of lawyers for international economic integration from 2010 to 2010". year 2020” according to Decision No. 123/QD-TTg dated January 18, 2010 of the Prime Minister.
(vi) Renovating the mechanism of attracting and recruiting talents
In order to build a contingent of judicial officers capable of working in international law, the quality of input is very important. In addition to capable and qualified cadres, the experience factor is also essential for judicial officers working in international law. In the coming time, the Ministry of Justice will accelerate the study of a specific recruitment mechanism to attract people who are well-trained in law and are performing professional work in the legal field such as lawyers. , especially the human resources who have worked in the legal field want to return to continue to contribute to the industry.
(vii) Strengthening international cooperation in training and fostering judicial officers
- Strengthen the signing of cooperation programs on training with the Ministry of Justice of other countries and foreign training institutions on law;
- Increasing the appointment of judicial officers as representatives at international legal institutions such as: Vietnam's Delegation to the WTO; international organizations of the United Nations; International Chamber of Commerce (ICC) and domestic and foreign international agencies and organizations in the field of law;
- Increasing the appointment of judicial officers to participate in training programs and refresher courses abroad;
- Develop a mechanism to encourage judicial officers to search for legal scholarship programs of governments and reputable foreign training institutions.
(viii) Allocate a budget to ensure the training and retraining of judicial officers capable of working in the international environment
Training and retraining activities for judicial officers to meet the requirements of working in the international environment are considered as intensive and high-quality training activities and need to be carried out regularly and continuously. Therefore, a large amount of funding is needed to implement and implement this activity effectively. Although there are other funding sources such as funding from organizations and individuals, foreign aid... but the state budget still plays a pivotal role to ensure that this activity is carried out. conducted regularly and continuously with training and retraining contents both at home and abroad, both diverse and in-depth.
3. Regarding the formulation and improvement of the law and the organization of law enforcement
- Actively select and promote cooperation contents that Vietnam needs; interested in cooperation on contents to perfect the legal system synchronously, feasible and ensure the strict implementation of the law;
- Focusing on cooperation and support to build a unified, synchronous, feasible, open, transparent, stable and internationally competitive legal system for the legitimate rights and interests of people. People are the center, promoting innovation, ensuring the requirements of sustainable economic, social development and national defense and security in new conditions;
- Review, research and propose solutions to ensure the compatibility of Vietnamese law with international commitments on the basis of compliance with the implementation roadmap, fully meeting the content and level of commitments above. basis to ensure optimal national interests.
- Strengthening the effectiveness and efficiency of law enforcement institutions, ensuring strict law enforcement. Link law building with law enforcement organizations.
- Regarding the implementation of the management of the fields of judicial work within the functions and tasks of the Ministry of Justice
- Sharing international experience in the management of judicial fields, focusing on administrative reform, civil judgment enforcement, civil status, nationality, legal education, legal aid and management legal assistant professions.
- Promote and support legal and judicial cooperation activities between provinces sharing the border of Vietnam and neighboring countries.