Standards for collaborators to monitor law enforcement in Vietnam

09:03, 24/06/2021

This is notable content at Circular 04/2021/TT-BTP dated June 21, 2021 guiding Decree 59/2012/ND-CP and Decree 32/2020/ND -CP on monitoring the law enforcement in Vietnam.

Standards for collaborators to monitor law enforcement in Vietnam (Internet image)

According to this Circular, individuals who are experts and scientists are mobilized to participate in monitoring the law enforcement situation according to the collaborator mechanism specified in Clause 3, Article 6 of Decree 59/2012/ND-CP must meet the following standards:

Have full civil act capacity; not a person being prosecuted for criminal liability, a person being disciplined, a person serving a sentence, or being under administrative probation.
Have graduated from a university majoring in law or another major suitable to the field of law enforcement monitoring.
Have qualifications and work experience of 03 years or more in a specialized field suitable to the job required by the law enforcement monitoring agency.

To conclude a contract with collaborators.in Vietnam

Clause 3, Article 10 of Circular 04/2021/TT-BTP stipulates the signing of contracts with collaborators to monitor the law enforcement situation as follows:

- State agencies monitor the law enforcement situation and sign contracts for each specific case with individuals who meet the above conditions.

Remuneration for collaborators according to current law regulations. Payment of remuneration to collaborators is based on the activities and work results that collaborators have performed according to Circular 04.

- The content of the contract signed between the state agency monitoring the law enforcement situation and the collaborator complies with the provisions of the law on contracts.

- State agencies monitor the law enforcement situation, and collaborators are responsible for liquidating the collaboration contract after completing the work and carrying out payment procedures according to current law provisions.

State agencies monitoring the law enforcement situation can mobilize collaborators to participate in the following activities:

- Develop survey form; handle investigations and survey results; synthesize, analyze, and develop reports on investigation results; survey the law enforcement situation; and other activities related to investigations and survey.

- Collect information; review and compare the accuracy and suitability of information; and provide comments and assessments in information processing.

- Develop reports on information processing results. The report must provide objective and accurate comments and assessments on the law enforcement situation and make appropriate recommendations regarding the information collected.

According to Article 6 of Decree 59/2012/ND-CP (amended and supplemented by Clause 1, Article 1 of Decree 32/2020/ND-CP) regulations on collaborators monitoring the law enforcement situation:

- Based on the specific conditions and requirements of monitoring the law enforcement situation, ministries, ministerial-level agencies, Government agencies, and People's Committees at all levels mobilize the Vietnam Lawyers Association, Vietnam Bar Federation and Bar Associations, Vietnam Chamber of Commerce and Industry, social and professional associations, research and training organizations, experts, scientists that are qualified to participate in activities monitoring the law enforcement situation under the collaborator mechanism.

- Individuals mobilized to participate as collaborators must be knowledgeable about the field in which the law enforcement situation needs to be monitored.

- Collaborators monitor the law enforcement situation according to the contract regime for each specific case, except in cases where collaborators monitoring the law enforcement situation are officials, civil servants, and public employees who receive salaries from the state budget.

Bao Ngoc

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