Contents of review and assessment of law enforcement in Vietnam from October 01, 2024

Contents of review and assessment of law enforcement in Vietnam from October 01, 2024 (Image from Internet)

On August 15, 2024, the Minister of Justice issued Circular 08/2024/TT-BTP providing guidelines for reviewing and assessing the situation of law enforcement, which stipulates the contents of reviewing and assessing the situation of law enforcement.

Content of reviewing and assessing the issuance of detailed legislative documents

According to Article 2 of Circular 08/2024/TT-BTP, the contents of reviewing and assessing the issuance of detailed legislative documents in Vietnam include:

- The promptness and completeness of issuing detailed legislative documents (hereinafter referred to as detailed document) are reviewed and assessed based on the following key contents:

+ The effective date of the detailed document compared to the document requiring details;

+ The content of the detailed document compared to the provisions of the document requiring details.

- The consistency and synchronization of detailed documents are reviewed and assessed based on the following key contents:

+ No provisions contrary to the higher authority's legislative documents;

+ No conflicting, overlapping provisions with other legislative documents;

+ No conflicts or overlaps among provisions within the detailed document.

- The feasibility of detailed documents is reviewed and assessed based on the following key contents:

+ No impractical provisions leading to implementation failure;

+ No unclear or unspecific provisions leading to implementation failure.

Content of reviewing and assessing conditions to ensure law enforcement in Vietnam

The contents of reviewing and assessing conditions to ensure law enforcement are conducted according to Article 3 of Circular 08/2024/TT-BTP. Specifically:

- Reviewing and assessing the promptness, completeness, suitability, and effectiveness of legal dissemination activities are carried out according to the regulations on evaluating the effectiveness of legal dissemination and education.

- The promptness, completeness, suitability, and effectiveness of training activities for law enforcement officers are reviewed and assessed based on the following key contents:

+ Organizing training sessions on time, according to the plan approved by the competent authority;

+ Training content is in line with the plan approved by the competent authority;

+ The number of trained individuals meets the plan approved by the competent authority.

- The suitability of organizational structure and the level of response regarding human resources for law enforcement are reviewed and assessed based on the following key contents:

+ The organizational structure of the agency or unit matches the regulatory document or project approved by the competent authority;

+ The actual number of working individuals meets the assigned staffing targets;

+ Working individuals meet standards for job positions as per regulations.

- The level of response regarding funds and facilities to ensure law enforcement are reviewed and assessed based on the following key contents:

+ Actual funds allocated for law enforcement of the agency or unit compared to the implementation plan or task requirements;

+ Actual facilities dedicated to law enforcement of the agency or unit compared to the implementation plan or task requirements.

Content of reviewing and assessing law compliance in Vietnam

Article 4 of Circular 08/2024/TT-BTP stipulates about the content of reviewing and assessing law compliance in Vietnam as follows:

- The promptness and completeness of law enforcement by state agencies and competent individuals are reviewed and assessed based on the following key contents:

+ Timely performance of assigned tasks in legislative documents, programs, plans, and other documents of state agencies or competent individuals;

+ Full performance of assigned tasks in legislative documents, programs, plans, and other documents of state agencies or competent individuals.

- The accuracy and consistency in guiding and applying the law by state agencies and competent individuals are reviewed and assessed based on the following key contents:

+ Issued documents guiding law application do not violate authority, procedures, and do not have content contrary to legal provisions;

+ Issued legal application documents do not violate authority, do not have content contrary to legal provisions; the law application does not violate procedures.

- The level of law compliance of agencies, organizations, and individuals is reviewed and assessed based on the following key contents:

+ The situation of law violation by officials in performing public duties;

+ The situation of law violation by organizations and individuals in the field of monitoring law enforcement situation.

More details can be found in Circular 08/2024/TT-BTP which comes into force in Vietnam from October 1, 2024.

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