Chỉ thị 10/2002/CT-TTg

DIRECTIVE

ON DEPLOYING THE IMPLEMENTATION OF THE POLITICAL BUREAU�S RESOLUTION No. 08/NQ-TW OF JANUARY 2, 2002 ON A NUMBER OF KEY TASKS OF THE JUDICIAL WORK IN THE COMING TIME

On January 2, 2002, the Political Bureau issued Resolution No. 08/NQ-TW on a number of key tasks of the judicial work in the coming time. This Resolution is of great importance, laying down major undertakings as a breakthrough in order to bring about vigorous changes in judicial reform, to build clean, strong and effective judicial agencies, contributing to well performing the tasks of defending the national security, preserving social order and safety, protecting the legitimate rights and interests of citizens, building a law-governed socialist state of the people, by the people and for the people in the process of promoting internal resources and actively integrating into the region and the world.

The content of Political Bureau’s Resolution No. 08/NQ-TW directly concerns the organization, functions, tasks and powers of the ministries, branches and People’s Committees at all levels. Therefore, the ministries, branches and People’s Committees at all levels should take initiative in studying and thoroughly grasping the Resolution, clearly identify the tasks falling under their respective responsibilities so as to actively deploy its implementation.

With a view to ensuring the coordination among the ministries, branches and People’s Committees at all levels in implementing the Political Bureau’s Resolution No. 08/NQ-TW the Prime Minister hereby instructs:

1. The Ministry of Public Security

a/ To coordinate with the Supreme People’s Procuracy and the Ministry of Defense in studying and proposing solutions to restrict the application of the measure of detention of the offenders in a number of offenses, then submit them to the Government in the third quarter of 2002.

b/ To intensify the supervision and inspection of the law observance in the arrest, custody and detention, and criminal judgment execution by the people’s police force; to review cases of unfair and wrong trial and escape from remand homes, clearly determine the causes as well as responsibilities of involved parties so as to settle them definitely and prevent recurrence.

c/ To explore and assess the actual conditions of material bases, technical facilities and support instruments of the force of detention center and custody wardens and managers; the detention and custody conditions, food and living conditions of inmates and detainees in remand homes and detention camps, criminal management sub-camps in remand homes and detention camps. To assume the prime responsibility and coordinate with the Ministry of Planning and Investment, the Ministry of Finance and other concerned agencies in elaborating a scheme on refurnishing, renovating and upgrading custody houses, remand homes and detention camps, then submit it to the Government in the third quarter of 2002.

d/ To assume the prime responsibility and coordinate with the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Education and Training, the Ministry of Health and other concerned agencies in exploring and evaluating the effectiveness of criminal-reforming activities; to elaborate a scheme on renewing the activities of detaining and reforming offenders, creating conditions for them to reintegrate themselves into their communities after finishing their reformation durations.

e/ To assume the prime responsibility and coordinate with the Supreme People’s Procuracy, the Supreme People’s Court, the Ministry of Defense and the Ministry of Justice in devising a scheme on the application of fast-track investigation procedures in simple cases, in cases where offenders are caught red-handed, evidences are obvious and/or consequences are less serious, then propose amendments and supplements to the Criminal Procedure Code.

f/ To assume the prime responsibility and coordinate with the Supreme People’s Court, the Supreme People’s Procuracy, the Ministry of Justice and the Ministry of Defense in devising a scheme on changing the organization of the execution of death penalties, then submit it to the Government in the fourth quarter of 2002.

g/ To screen the contingent of judicial personnel in the people’s police force, paying special attention to the contingent of investigators, the heads and deputy heads of investigation agencies; to arrange officers who have good ethics, organizational and commanding capabilities, well understand laws, and possess outstanding investigation skills to leading posts at the investigation agencies at all levels; to evaluate their professional qualifications and ethical qualities so as to work out appropriate education, training and fostering orientations, contents and measures along the direction of raising their political, ethical and professional levels. For those officers who fail to meet the prescribed criteria, possess limited capabilities or show signs of wrong-doings, they shall be relieved from office, transferred to other jobs or handled strictly in time.

To assume the prime responsibility and coordinate with the Supreme People’s Procuracy, the Ministry of Defense, the Ministry of Justice and other concerned agencies in finalizing soon the draft Ordinance on Organization of Criminal Investigation (amended) so that the Government can submit it to the National Assembly Standing Committee in the third quarter of 2002.

While finalizing the draft Ordinance on Organization of Criminal Investigation (amended), to assume the prime responsibility and coordinate with other concerned agencies in elaborating a detailed scheme on merging, rearranging and strengthening the investigation agencies in the Ministry and the provincial-level investigation agencies (the security investigation agency and the police investigation agency of the provincial-level police) along the direction charted by the Political Bureau, then submit it to the Government in the fourth quarter of 2002.

h/ To assume the prime responsibility and coordinate with the Supreme People’s Court, the Supreme People’s Procuracy, the Government Commission for Organization and Personnel, the Ministry of Justice and the Ministry of Finance in elaborating a scheme on establishing the judicial police force, then submit it to the Government in the fourth quarter of 2002.

i/ To assume the prime responsibility and coordinate with the Ministry of Justice, the Ministry of Culture and Information, Vietnam Fatherland Front and other concerned agencies in directing the People’s Committees at all levels to formulate, and deploy the implementation of, a plan on strongly promoting the propagation and mobilization of the mass to participate in the movements of defending the Fatherland security, preventing and combating law violations and crimes right in their hamlets, villages, street quarters and population clusters; to propose in time forms of commendation and at the same time apply measures to protect those who have made merits in detecting and denouncing offenses, helped the police offices arrest the offenders.

j/ To coordinate with the Supreme People’s Procuracy and the Ministry of Defense in directing the training establishments to put forth plans on renewing the organization and contents of training judicial personnel in the people’s police force and investigators of the Ministry of Defense and the Supreme People’s Procuracy; to study so as to renew the system of training programs and textbooks, ensuring the uniform training contents in the people’s police schools, in order to meet the requirements of the new situation and suit the general training program of the State.

k/ To work out plans on close cooperation with the regional countries, especially with the neighboring countries of China, Laos and Cambodia, in the struggle against offenses, particularly drug-related offenses, smuggling, production and circulation of counterfeit money, trafficking in women and children, then submit them to the Government in the third quarter of 2002.

2. The Ministry of Justice

a/ To assume the prime responsibility and coordinate with the Government Office and the Government Commission for Organization and Personnel in quickly finalizing the draft amendments and supplements to June 4, 1993 Decree No. 38/CP on the functions, tasks, powers and organizational apparatus of the Ministry of Justice, then submit them to the Government in the fourth quarter of 2002.

To coordinate with the Government Commission for Organization and Personnel in soon amending and supplementing Inter-ministerial Circular No. 12/TTLT of July 26, 1993 in order to finalize the organizational model and system of, and strengthen and consolidate, the judicial agencies from the central to the grassroots level.

To assume the prime responsibility and coordinate with the Government Office, the Government Commission for Organization and Personnel and other concerned agencies in drafting a decree amending and supplementing Decree No. 94/CP of September 6, 1997 on legal organizations of the ministries and branches and the building of legal organizations in the provincial/municipal services and branches as well as enterprises, then submit it to the Government in the second quarter of 2002 in order to strengthen the organization and raise the role of legal organizations at the central level, in localities and enterprises.

b/ To assume the prime responsibility and coordinate with the Government Commission for Organization and Personnel, the Supreme People’s Court, the Supreme People’s Procuracy, the Ministry of Public Security, the Ministry of Finance and other concerned agencies in screening the contingent of judicial personnel, which shall serve as a basis for formulating a scheme on enhancing the capability of the contingent of judicial personnel, aiming to overcome the "situation in which the contingent of judicial personnel remains quantitatively insufficient and professionally weak," then submit it to the Government in the fourth quarter of 2002.

c/ To assume the prime responsibility and coordinate with the Government Commission for Organization and Personnel, the Ministry of Public Security, the Ministry of Defense, the Ministry of Finance, the Supreme People’s Procuracy, the Supreme People’s Court and other concerned agencies in expeditiously formulating a scheme on reforming the regime of salaries and allowances and the preferential treatment and commendation policies suitable to the characteristics of judicial jobs, then submit it to the Government in the third quarter of 2002.

d/ To assume the prime responsibility and coordinate with the Government Commission for Organization and Personnel, the Supreme People’s Court, the Supreme People’s Procuracy, the Ministry of Public Security, the Ministry of Finance and the People’s Committees at all levels in formulating a scheme on rotating judicial personnel among the judicial agencies, between the central judicial agencies and the local judicial agencies, then submit it to the Government in the third quarter of 2002.

e/ To assume the prime responsibility and coordinate with the Government Commission for Organization and Personnel, the Supreme People’s Court, the Supreme People’s Procuracy, the Ministry of Public Security and other concerned agencies in building a system of criteria for the judicial titles along the direction of attaching importance to political, ethical and professional criteria, then submit it to the Government in the fourth quarter of 2002.

f/ To work out integrated solutions to ensure the strict implementation of the Prime Minister’s Directive No. 20/2001/CT-TTg of September 11, 2001 on strengthening and raising the effectiveness of the execution of civil judgments. To promote the role of the steering committees for execution of civil judgments at all levels. To ensure adequate payrolls, raise the capability and responsibilities of the civil judgment execution agencies, and improving their working conditions. To expeditiously revise legal documents on civil judgment execution. To intensify the direction, supervision and guidance, remove in time obstacles in the civil judgment execution.

Complaints and denunciations related to the civil judgment execution must be settled promptly and definitely at the places where they have arisen. To intensify the inspection and supervision of the settlement of complaints and denunciations in the domain of civil judgment execution.

To assume the prime responsibility and coordinate with the Government Commission for Organization and Personnel and other concerned agencies in formulating a scheme on socializing a number of activities in the execution of civil, economic and trade judgments, then submit it to the Government in the fourth quarter of 2002.

To assume the prime responsibility and coordinate with the Ministry of Public Security, the Supreme People’s Court, the Supreme People’s Procuracy, the Government Commission for Organization and Personnel and other concerned agencies in speeding up the tempo of compilation of the Bill on Judgment Execution so as to institutionalize the Party’s undertakings on judgment execution in a timely manner.

g/ To assume the prime responsibility and coordinate with the Government Commission for Organization and Personnel, the Ministry of Health and other concerned agencies in formulating a scheme on the national forensic medicine organization, building a contingent of experts, the mechanism for the operation and organization of the national forensic medicine agency, then submit it to the Government in the fourth quarter of 2003.

To assume the prime responsibility and coordinate with the Ministry of Public Security, the Ministry of Defense, the Government Commission for Organization and Personnel, the Ministry of Health and other concerned agencies in finalizing the draft Ordinance on Judicial Expertise so that the Government can submit it to the National Assembly Standing Committee in the first quarter of 2003.

To work out synchronous solutions to deploy the implementation of July 25, 2001 Ordinance No. 37/2001/PL-UBTVQH10 on Lawyers. To expeditiously complete the formulation and implementation of legal documents on property auctioning, security transaction registration, arbitration, judicial records and legal aid.

To organize and direct the computerization of public notarization; to assume the prime responsibility and coordinate with the Government Commission for Organization and Personnel, the Ministry of Finance and the People’s Committees of the provinces and centrally-run cities in elaborating a scheme on step by step socializing public notary activities, then submit it to the Government in the second quarter of 2003.

To study the unification of the organizations performing the work of judicial statistics, to formulate a scheme on setting up a national judicial statistics center, then submit it to the Government in the second quarter of 2003.

h/ To step up the law propagation, dissemination and education to even ordinary people.

To organize and direct the review of five years implementation of the Prime Minister’s Directive No. 02/1998/CT-TTg of January 7, 1998 and Decision No. 03/1998/QD-TTg of January 7, 1998; to formulate a national program on law popularization and education for the 2002-2010 period, then submit it to the Government in the second quarter of 2002.

i/ To consolidate the organization and raise the quality of job training for judicial personnel. To assume the prime responsibility and coordinate with the Ministry of Education and Training, the Government Commission for Organization and Personnel, the Ministry of Planning and Investment and the Ministry of Finance in determining the regular training norms for judicial titles.

To coordinate with the Supreme People’s Court, the Supreme Peoples Procuracy and other concerned agencies in formulating a scheme on establishing a judicial institute so as to unify the job training for judicial titles, then submit it to the Government in the first quarter of 2003.

j/ To coordinate with the Ministry of Science, Technology and Environment and other concerned agencies in summing up the judicial and jurisprudential scientific research, which shall serve as a basis for formulating a scheme on enhancing the capability of the judicial and jurisprudential research agencies and organizations. To direct the scientific research at seeking solutions to urgent and strategic issues in the judicial and legal work in order to serve the judicial reform effectively.

k/ To assume the prime responsibility and coordinate with the National Assembly’s Law Commission, the Supreme People’s Procuracy, the Supreme People’s Court, the Ministry of Public Security and other concerned agencies in reviewing and proposing the formulation and gradual perfection of legal documents on judicial organization and activity; to expeditiously finalize the project on the Strategy on Comprehensive Development of the Legal System in the 2001-2010 period.

l/ To enhance the management of international cooperation activities in the judicial and legal domains; to step up activities in service of the process of active international economic integration.

To direct the research into the signing of legal assistance agreements with other countries, first of all with neighboring countries, regional countries and countries with traditional ties.

To formulate a scheme on setting up an agency in charge of research into private international law and international economic law in service of the integration, then submit it to the Government in the first quarter of 2003.

To formulate a scheme on intensifying the international cooperation in the fields of legal training and training of judicial personnel, then submit it to the Government in the second quarter of 2002.

m/ To assume the prime responsibility and coordinate with the Ministry of Education and Training, the Supreme People’s Court, the Supreme People’s Procuracy, the Government Commission for Organization and Personnel, the Ministry of Public Security and other concerned agencies in surveying and evaluating the actual situation of the legal training and the efficient employment of bachelors of laws after their graduation, which shall serve as a basis for formulating plans on improving the training quality and the employment of bachelors of laws.

n/ To assume the prime responsibility and coordinate with the concerned agencies in formulating a scheme on deploying the examination and supervision of legal documents promulgated by the ministries, branches and local authorities, then submit it to the Government in the second quarter of 2002.

o/ To coordinate with the Supreme People’s Court and the Ministry of Defense in performing the task of managing organizationally local people’s courts in accordance with the Law on Organization of People’s Courts, which shall be amended and supplemented at the eleventh session of the Xth National Assembly.

3. The Ministry of Defense

a/ To study and formulate a scheme on deploying the key tasks in the judicial work of the military judicial agencies in conformity with the orientation for renewing the organization and activity of the State’s judicial agencies and the requirements of the army-building tasks in the new situation.

b/ To review, evaluate and enhance the capability of the contingent of judicial personnel in the army in the spirit of the Political Bureau’s Resolution No. 08/NQ-TW and the direction of the Central Military Party Commission.

4. The Ministry of Education and Training

a/ To assume the prime responsibility and coordinate with the Ministry of Justice and other concerned agencies in formulating a scheme on rearranging law schools along the direction of concentrating on Hanoi Law University and Ho Chi Minh City Law University, then submit it to the Prime Minister in the third quarter of 2002.

b/ To direct the law training establishments to examine and evaluate their current law training programs and textbooks, build a scheme on unifying the law training programs and textbooks, ensuring that bachelors of laws must possess firm political stance, good ethical qualities and firm knowledge about law.

5. The Ministry of Planning and Investment

a/ To coordinate with the Supreme People’s Court, the Ministry of Finance, and the Ministry of Justice in quickly formulating a scheme on strengthening material bases and working conditions for the local judicial agencies, then submit it to the Government in the third quarter of 2002.

b/ To assume the prime responsibility and coordinate with the Ministry of Finance, the Ministry of Construction and the Government Office in periodically inspecting the execution of investment plans in the branches and localities, ensuring concentrated investment, strengthening material bases and working conditions for the local judicial agencies according to the approved investment and construction objectives, plans and structures.

6. The Ministry of Finance

To assume the prime responsibility and coordinate with the Supreme People’s Court, the Supreme People’s Procuracy, the Ministry of Justice in studying and formulating a scheme on setting up a fund for compensation for judicial damage, then submit it to the Government in the fourth quarter of 2002.

7. The Ministry of Culture and Information

To direct the mass media agencies to actively participate in detecting violations and offenses, commend in time good people in judicial activities, especially individuals and organizations that have fought courageously offenses, safeguarded justice, criticized negative, corrupt and irresponsible acts.

8. The People’s Committees at all levels

a/ To ensure the adequate conditions for the People’s Councils at all levels to intensify the supervision of the judicial work, focussing on the law observance in the spheres of arrest, custody, detention, prosecution, trial, and judgment execution, supervision of the promulgation of legal documents on judicial matters.

b/ To raise the responsibility in directing and coordinating the local judicial agencies and create every favorable condition for them to well perform their assigned tasks, especially the central tasks of the judicial work defined in the Political Bureau’s Resolution No. 08/NQ-TW in order to ensure social order, discipline, social safety and enhance socialist legality.

c/ To enhance the organization and uniform direction of judgment execution activities in the localities, ensure necessary conditions for the decisions and judgments which have taken legal effect to be respected and strictly executed. To raise the role of, and ensure adequate conditions for, the steering committees for judgment execution at all levels to operate effectively.

d/ To closely direct, and make satisfactory investment in, the law propagation, popularization and education. To raise the role of the boards for coordination of the law propagation, popularization and education at all levels, to mobilize the agencies, organizations and mass media in the localities to participate in the law propagation, popularization and education, the crime prevention and fight.

To strengthen and consolidate the system of conciliation organizations at the grassroots level. To promote appropriate conciliation forms.

9. Organization of implementation

The ministers, the heads of the ministerial-level agencies, and the presidents of the People’s Committees at all levels shall expeditiously and actively formulate programs and plans to well implement this Directive.

The Government Office shall be responsible for monitoring, urging and supervising the implementation of the Directive, make periodical reports and propose to the Prime Minister various measures to direct the good implementation of this Directive.