| THE MINISTRY OF JUSTICE | SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom - Happiness |
| No.: 03/2010/TT-BTP | Hanoi, March 03, 2010 |
CIRCULAR
GUIDING THE MONITORING OF LAW OBSERVANCE
THE MINISTRY OF JUSTICE
Pursuant to the Government's Decree No. 93/ 2008/ND-CP of August 22, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Justice;
Pursuant to the Government's Decree No. 24/ 2009/ND-CP of March 5, 2009, detailing and measures for the implementation of the Law on Promulgation of Legal Documents,
The Minister of Justice guides the monitoring of law observance as follows:
Chapter I GENERAL PROVISIONS
Article 1. Scope and subjects of application
This Circular guides the monitoring of law observance by ministries, ministerial-level agencies and government-attached agencies (below referred to as ministries and branches) and People's Committees of provinces and centrally run cities (below referred to as provincial-level People's Committees).
Article 2. Principles of monitoring law observance
Monitoring of law observance must adhere to the following principles:
1. Regularity, continuity, comprehensiveness and promptness;
2. Branch- and domain-based monitoring in combination with monitoring in each locality;
3. Monitoring in association with performance of functions and tasks of agencies and organizations, while ensuring close coordination among agencies and organizations in the course of monitoring law observance.
Article 3. Purposes of monitoring of law observance
Monitoring of law observance aims to assess the actual situation and effectiveness of law observance; urge, organize and guide in time the implementation of legal documents; and propose the build and measures to raise the effectiveness of law observance.
Chapter II
CONTENTS OF MONITORING OF LAW OBSERVANCE
Article 4. Contents of monitoring law observance
Monitoring of law observance shall be based on monitoring and assessment of the following:
1. Promulgation of detailing and guiding legal documents, and documents directing, urging and organizing the implementation of legal documents of superior state agencies and competent state agencies at the same level;
2. Law observance by agencies, organizations and individuals;
3. Effectiveness of law propagation and dissemination;
4. Rationality of legal provisions;
5. Measures to organize, and conditions for ensuring, law enforcement.
Article 5. Contents of assessing the promulgation of detailing and guiding documents, and documents directing, urging and organizing the implementation of legal documents of superior state agencies and competent state agencies at the same level
1. Number and forms of documents to be elaborated and promulgated as prescribed in legal
documents of superior state agencies and competent state agencies at the same level.
documents of superior state agencies and competent state agencies at the same level.
2. Number and forms of documents elaborated and promulgated on schedule.
3. Number, forms and names of documents elaborated and promulgated behind schedule; and reasons for such delay.